The Supreme Court said that hospitals should lose their operating licences if a newborn goes missing from their premises, highlighting its deep concern over rising child trafficking incidents. The recommendation came as a bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan heard a petition challenging the grant of bail in a child trafficking case.
Criticizing the Allahabad High Court for its handling of bail applications, the Supreme Court said they were treated with alarming carelessness. It pointed out that several of the accused in the case have gone missing. “These individuals pose a significant threat to society. At the very least, the High Court should have imposed a weekly police station attendance condition on the accused,” the bench remarked, adding that the police have now lost track of them.
Justice Pardiwala expressed disappointment with the Uttar Pradesh government’s handling of the case, noting the seriousness of the offense. He recounted a case where someone, desperate for a son, paid ₹4 lakh for a trafficked child. “If you want a child, that doesn’t give you the right to buy a stolen one,” he said.
The court ordered all accused in the case to surrender immediately and directed that they be placed in judicial custody. It instructed that charges be framed within a week and, if any accused were found to be absconding, the trial court should issue non-bailable warrants. Trials of those present must proceed without delay.
Justice Pardiwala noted that the judgment includes detailed measures to combat child trafficking and directed all state governments to adopt these urgently. He also instructed High Courts nationwide to review pending trials related to child trafficking. Any negligence in following these orders, he warned, would be considered contempt of court.
The judge emphasized the emotional devastation families face in trafficking cases. “Losing a child to death is a tragedy, but losing a child to trafficking gangs is a horror beyond compare. A deceased child is with the Almighty, but a trafficked child is in the hands of criminals,” he said.
As per data from the National Crime Records Bureau, there were 2,250 reported cases of child trafficking in 2022, with the highest numbers coming from Telangana, Maharashtra, and Bihar.
