Hospital's Licence Should Be Immediately Suspended If Any Newborn Is Trafficked From There : Supreme Court

In a stern directive aimed at curbing the trafficking of newborns, the Supreme Court on Tuesday (April 15) ruled that hospitals must face immediate licence suspension if found complicit in such heinous acts. The Court emphasized that any instance of newborn trafficking from a hospital must trigger not only penal consequences but also regulatory action, including the suspension of the hospital's operational licence.

"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," the bench comprising Justice JB Pardiwala and Justice R Mahadevan stated in its order.

The Court further underscored the duty of care owed by healthcare institutions, observing that "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."

The Court also appealed to the parents to be vigilant about their children.

"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 bench made this observation while cancelling the bail granted to thirteen persons accused of child trafficking across the State of Uttar Pradesh. Criticising the State of Uttar Pradesh for not challenging the bail orders, the Court said that the State did not treat the case with seriousness. The Court also called out the Allahabad High Court for granting bail to the accused in a "very callous manner".

The Court, referring to a report of the Times of India published on April 14, observed that a huge gang appeared to be dangerously operating within & outside Delhi and was selling trafficked infants and children in different States for sums ranging from Rs. 5,00,000/- to 10,00,000/-

The Court 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.

Also from the judgment - Supreme Court Questions UP Govt For Not Challenging Bail Granted In Child Trafficking Cases, Criticises Allahabad HC's Casual Approach

Supreme Court Directs Completion Of Child Trafficking Case Trials In 6 Months; Issues Directions To States On Handling Such Cases

Case Details: PINKI v. STATE OF UTTAR PRADESH AND ANR|CRIMINAL APPEAL NO. 1927 OF 2025