Couple Approaches Supreme Court Seeking FIR Against Pvt Hospital Over Alleged Baby Swapping

The Supreme Court is set to consider a plea by parents seeking criminal action against a hospita for allegedly swapping their boy child with a girl child soon after delivery. 

The bench of Justice Manoj Kumar and Justice Ujjal Bhuyan was hearing the challenge to the order of the Chhattisgarh High Court, which refused to direct registration of an FIR against the director of a private hospital in Raipur and his wife (who is the gynaecologist at the hospital) for the alleged offence of kidnapping an infant right after delivery. 

The petitioner's case is that she delivered a boy and a girl at the private hospital, but soon discovered that instead of a boy and a girl, there were two girls. She made a complaint and, thereafter, a DNA test was carried out, which revealed that the DNA of one girl matched that of her biological parents. However, the DNA of the other girl did not match that of the parents/ petitioners. 

"It was a clear case of child swapping," the petitioners argued.

According to the petitioners, the investigation ought to have been directed after a thorough inquiry, whereas the High Court summarily dismissed the petition without examining the above aspects.

The Supreme Court observed that the matter required consideration.

The matter will now be heard after 4 weeks. 

The High Court had dismissed the petition relying on the report of an Enquiry Committee consisting of six expert doctors who ruled out any foul play.

Counsel for petitioners : Mr. Ashok Kumar Panigrahi, Adv.; Mr. Jitendra Kumar Sharma, Adv.; Mr. Chand Qureshi, AOR

Case Details : USHA SINGH & ANR. VERSUS THE STATE OF CHHATTISGARH & ORS.| SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 27076/2025

Click here to read the order