Supreme Court Lays Down Strict Guidelines in Child Trafficking Cases, Says Hospitals Must Lose Licence if Newborns Are Trafficked

In a strongly worded order, the Supreme Court of India on Tuesday came down heavily on the Uttar Pradesh government for its handling of a child trafficking case and issued stringent directives to ensure swift and effective action against such offences across the country.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan, while cancelling the anticipatory bail granted to the accused by the Allahabad High Court, directed that hospitals involved in newborn trafficking must have their licences suspended immediately. The Court further directed that all lower courts must complete trials in child trafficking cases within six months, with hearings conducted on a day-to-day basis.

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“High Courts across the country are directed to call for the status of pending trials in child trafficking cases. Thereafter, directions shall be issued to complete the trial within six months and also conduct a day-to-day trial,” the Court ordered.

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The case before the top court involved a trafficked baby who was allegedly delivered to a couple in Uttar Pradesh in exchange for ₹4 lakh. The man reportedly desired a male child and procured one through illegal means. “The accused was longing for a son and then got a son for ₹4 lakh. If you desire a son… you cannot go for a trafficked child. He knew that the baby was stolen,” the bench observed.

Slamming the Allahabad High Court for what it termed a “callous” approach in granting bail, the Supreme Court said the bail order lacked adequate safeguards. “These accused pose a serious threat to society. The least which was required from the High Court while granting bail was to impose a condition to mark presence in a police station every week. The police lost track of all the accused,” the bench noted.

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The Supreme Court also rebuked the Uttar Pradesh government for its inaction in the matter, particularly for not appealing the High Court’s order. “We are thoroughly disappointed… Why was no appeal made? No seriousness was shown worth the name,” the Court remarked.

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