“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”. ...
Supreme Court: In a significant ruling, while considering the instant appeals filed by the kith and kin of the children who came to be trafficked, praying for cancellation of bail granted by Allahabad High Court to the accused persons; the Division Bench of J.B. Pardiwala* and R. Mahadevan, JJ., set aside the bail orders passed by the High Court and the accused persons were directed to surrender before the committal court and the committal court in turn shall remand them to the judicial custody. Additionally, the Court directed that once charge is framed by the Trial Court in individual cases, the concerned Trial Court shall proceed with the recording of the evidence preferably on day-to-day basis and complete the proceedings of the trial within 6 months. The Court also directed the State Governments to implement recommendations made by Bharatiya Institute of Research and Development (BIRD) to combat child trafficking cases.
The Court strictly remarked that the High Court dealt with the bail applications in a callous manner which eventually led to the abscondment of many accused persons. The Court said that these accused persons are a threat to the society wherever they are in the country. The Court further expressed its disappointment with the State in not challenging the bail orders granted by the High Court.
Subsequently, the Court conveyed a message of caution to the nation, particularly the parents, the Court said 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 child trafficking gangs. The Court strictly said 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 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”.
Background and Contentions:
