'Licence Must Be Cancelled': Supreme Court's Tough Guidelines On Child Trafficking At Hospitals
The Supreme Court directed immediate suspension of hospital licences if newborns are trafficked and mandated that child trafficking trials be completed within six months.
The Supreme Court on Tuesday said the licence of a hospital should be cancelled if a newborn is stolen from there.
A bench of Justices JB Pardiwala and R Mahadevan also directed high courts across the country to issue directions to lower courts to complete trials in child trafficking cases in six months.
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The court’s remark came as it laid down extensive guidelines to be followed by states to prevent child trafficking and to deal with cases involving child trafficking offences.
“If any newborn is trafficked from a hospital, the first step should be to suspend the licence of such hospitals. If any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license," the court ordered.
It also issued the directions while hearing anticipatory bail pleas filed by the accused in a child trafficking case from Uttar Pradesh.
The top court also slammed both the Allahabad High Court and the Uttar Pradesh government for the manner in which they dealt with the matter.
“The High Court dealt with bail applications callously and it led to many accused to abscond. 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 the police station every week. The police lost track of all accused persons," the court opined.
“We are thoroughly disappointed with how the state of Uttar Pradesh handled this and why no appeal was made. No seriousness was showing worth the name," the court stated.
The case involved a stolen baby being delivered to a couple who were desirous of having a son.
“It appears 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 noted, as it cancelled the bail granted to the accused.
“State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest," the court said.
“High courts across the country are directed to call for the status of pending trials in child trafficking cases. The directions shall be issued to complete the trial in six months and also conduct day to day trial," it added.
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