The Supreme Court of India, taking a stern view of newborn trafficking from hospitals, directed that if any infant is trafficked from a hospital, its licence must be immediately suspended. This step is to be enforced alongside any other legal actions applicable under the law.
The Court made these observations while hearing a series of Criminal Appeals stemming from various Allahabad High Court orders that granted bail to 13 accused individuals charged under Sections 363, 311, and 370(5) of the Indian Penal Code, 1860 (IPC).
The bench comprising Justice JB Pardiwala and Justice R Mahadevan stated, “If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law. When any lady comes to deliver her baby in any hospital, it is the responsibility of the administration of the hospital to protect the newborn infant in all respects.”
The Supreme Court expressed strong disappointment with the State's inaction, questioning its failure to respond over time or challenge the High Court's bail orders. The Court noted that the State showed a lack of seriousness in handling the matter.
The Court laid down multiple guidelines, emphasizing that any failure to comply with its directions would be viewed strictly and treated as contempt of court.
Further the Court added, “We direct all the High Courts across the country to call for the necessary information as regards the status of the pending trials relating to child trafficking. Once each of the High Courts is able to collect the necessary data as regards the status of the trials, a circular thereafter shall be issued on its administrative side to all the concerned trial courts to complete the trials within a period of six months from the date of the circular and if need be, by conducting the trials on day-to-day basis. Each of the High Courts shall thereafter forward a report to this Court as regards the compliance of the directions contained in the circular.”
The Court directed all accused to surrender before the Committal Court, which would remand them to judicial custody. Consequently, the Supreme Court allowed the appeals and overturned the High Court’s bail orders.
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