‘Cancel hospital licence if baby is stolen’: SC hauls up UP govt, HC on child trafficking

A bench of Justices JB Pardiwala and R Mahadevan was hearing a plea challenging bail to the accused in a child trafficking case. The trafficked baby was sold to a couple in Uttar Pradesh who wanted a son and the accused were granted bail by the Allahabad High Court.

Also read: 4 held as UP police bust inter-state child-trafficking ring; 2 girls rescued

Rap to Allahabad HC

While cancelling the accused's bail, the Supreme Court lashed out at the Allahabad High Court for handling bail applications “callously” and said this is why many accused are missing now.

“The accused was longing for a son and then got a son for Rs 4 lakh. If you desire a son, you cannot go for a trafficked child. He knew that the baby was stolen,” the court said.

Accused asked to surrender

“The accused pose a serious threat to society. The least required of the high court while granting bail was to impose a condition to mark attendance at a police station every week. This police lost track of all the accused persons,” the bench said.

Also read: Kerala doctors demand strict law against 'criminal' home births

Asking the accused to surrender, the court instructed authorities that the former should be remanded to judicial custody.

“Charges shall be framed within one week. If it’s informed that some accused have absconded, the trial court to issue non-bailable warrants Trial of those present shall go on and not be delayed,” the court said.

'Finish trial within 6 months'

The apex court also ordered lower courts to wrap up trials in such cases within six months and directed authorities to suspend licences of hospitals if any newborn is trafficked.

"High Courts across the country are directed to call for the status of pending trials in child trafficking cases. Then directions shall be issued to complete the trial in six months and also conduct a day-to-day trial," the bench ruled.

Also read: 10 facts to know about Poshan Abhiyan and India’s nutrition mission

Expressing disappointment over the handling of the case by the Uttar Pradesh government, Justice Pardiwala asked why no appeal was made and “no seriousness shown.”

‘Hospital’s licence must be cancelled’

Laying down strict guidelines for child trafficking cases, the top court said the first step should be to cancel the licence of a hospital from whose premises a newborn is stolen.

“If any newborn is trafficked from a hospital, the first step should be to suspend the licence of such hospitals. If any woman comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of licence,” the court said adding that any deviation from rules will be treated as contempt of court.

Also read: Children shouldn’t have to wear masks to play outside: SC Judge Vikram Nath

On pain of parents

In a word of caution for parents, Justice Pardiwala said they must stay vigilant as losing a baby to traffickers is painful than a child’s death.

"The pain and agony a parent faces when a child dies is different from when a child is lost to gangs of trafficking... when the child dies, the child is with the Almighty, but when lost, they are at the mercy of such gangs," he said.