Hospitals to lose license if newborns are trafficked on premises, rules Supreme Court

New Delhi: The Supreme Court of India has issued a stern directive, ordering the immediate suspension of a hospital's license if a newborn is trafficked from its premises. The court further clarified that it is the hospital's responsibility to ensure the safety and protection of newborns at all times.

This order was made while the court cancelled the bail granted by the Allahabad High Court to 13 individuals accused of child trafficking in Uttar Pradesh. The bench, consisting of Justices J.B. Pardiwala and R. Mahadevan, expressed concern over the Uttar Pradesh government's failure to challenge the bail orders, criticising the state's lack of seriousness in handling the matter. The court also slammed the Allahabad High Court for granting bail to the accused in a "callous manner."

In its ruling, the Supreme Court directed that all accused persons in the case should surrender and be placed in judicial custody. Furthermore, the court has called on state governments to implement the recommendations provided by the Bharatiya Institute of Research and Development (BIRD), which conducted a study on human trafficking. The BIRD report suggested that cases involving missing children should be treated as human trafficking until the children are found.

The Supreme Court has also provided additional instructions to states and high courts, urging them to review the status of trials related to child abduction. The court mandated that such cases should be heard on a daily basis, with the trial to be concluded within six months.

Addressing the nation, Justices Pardiwala and Mahadevan issued a strong message to parents, urging them to remain extremely vigilant and cautious when it comes to the safety of their children. The bench noted the significant difference in the emotional toll between losing a child to death and having a child abducted by trafficking gangs.

"We want to convey a message to one & all more particularly the parents across the country that they should remain extremely vigilant and careful with their children. A slight carelessness or negligence or laxity on their part may prove to be extremely costly. The pain and agony which any parents may have to face when the child dies is different from the pain and agony that the parents may have to face when they lose their children to such gangs engaged in trafficking. When the child dies, the parents may with passage of time resign to the will of the Almighty but when the child is lost and not found they have to suffer the pain and agony for the rest of their life. It is worst than death. Therefore, we humbly urge to one and all to remain very cautious and vigilant."

The court also pointed out the growing threat posed by traffickers, noting their use of technology to network and share information. The court stated that the traffickers' operations are well-coordinated, with the use of smartphones to share photographs, locations, and transfer money. Their ability to easily find buyers for children outside the state further highlights their knowledge of the technology and the demand for such crimes.