Hospitals to Face License Suspension over Newborn Trafficking: Supreme Court

New Delhi: Taking stern cognisance of newborn trafficking from hospitals, the Supreme Court of India has directed that 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 under law.

A bench comprising Justices JB Pardiwala and R Mahadevan also expressed concern over judicial leniency in such cases, cancelling the bail granted by the Allahabad High Court to several accused involved in a child trafficking racket. The court warned that failure to implement its directions would be treated as contempt, underlining the seriousness of the issue and the urgency for systemic reforms.

"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..," said the Supreme Court while issuing a set of guidelines for all the states to prevent child trafficking and offences arising out of it.

The apex court issued a slew of guidelines saying that any laxity in implementing the directions would be taken seriously and be treated as contempt of court.

It further expressed serious concern over the bail granted to a group of accused in child trafficking cases by the Allahabad High Court and cancelled their bail.

The apex court also directed all High Courts to call for necessary information on the status of pending trials relating to child trafficking and subsequently issue a circular to trial courts for the completion of trials within six months and submit a report to the apex court

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"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," the verdict stated.

It further directed, "Each of the High Courts shall thereafter forward a report to this Court as regards the compliance of the directions contained in the circular. Non-compliance of our directions or any laxity of any nature in that regard on the part of any of the authorities shall be viewed very strictly and if need be, they shall be proceeded for contempt."

The top court will hear the matter again in October 2025 for compliance.

The apex court said that it wanted to convey a message to everyone, particularly 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 top court said.

The apex court directed all the state governments across the country to look into the report of Bharatiya Institute of Research and Development (BIRD), New Delhi, on human trafficking.

"All the state governments are directed to study the entire report and start implementing each of the recommendations by working out appropriate modalities in that regard," said the top court.

The Court, in its observation, referring to a report of the Times of India published on April 14, noted that a huge gang appeared to be dangerously operating within and outside Delhi and was selling trafficked infants and children in different States for sums ranging from Rs. 5 lakh to Rs 10 lakh.

The Court further noted that in the present child kidnapping racket, the traffickers are well networked through their smartphones sharing information, photographs, transferring money, sharing locations etc. Their operations, the relative ease with which they are able to operate and procure buyers for selling the children outside their states indicate that they are aware of the technology, they recognise demand, and they recognise the need to operate as a network.

To view the SC order, click on the link below:

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