Supreme Court Issues Notice On Plea Seeking Enquiry Into Allegation Of Child Swapping At Hospital
The Court issued notice based on the submission that DNA test revealed that a boy had been swapped with a girl child.
The Supreme Court has issued notice in an SLP seeking an enquiry into the allegation of child swapping at the Hospital, as the DNA test revealed that out of the two children born to the Petitioners, one girl was of the Petitioners, whereas the DNA of the other girl child did not match with the Petitioners.
The Petitioners' case was that the Petitioner mother delivered a boy and a girl; however, she was informed by the private Hospital that she gave birth to two girls.
The Bench of Justice Manoj Misra and Justice Ujjal Bhuyan remarked, “Therefore, it was a clear case of child swapping. In such circumstances, according to the petitioners, investigation ought to have been directed after a thorough inquiry whereas the High Court summarily dismissed the petition without examining the above aspects.”
The SLP was filed through AOR Chand Quereshi, and Advocate Ashok Kumar Panigrahi represented the Petitioners.
Case Brief
The Petitioners filed a Writ Petition before the High Court of Chhattisgarh seeking to conduct a preliminary enquiry on the complaint and register an FIR against the Doctor and the private Hospital.
The Petitioner's case was that she delivered two children, a boy and a girl. However, the Hospital told her that the Petitioner gave birth to two girls. The Petitioners made a complaint and, thereafter, a DNA test was carried out, which revealed that DNA of one girl matched with the Petitioners', whereas the DNA of the other girl child did not match.
In the Writ Petition, the Petitioners also sought a direction to the Respondents to recover the kidnapped child of the Petitioners and to hand over the custody of the child to the Petitioners.
Pertinently, the High Court noted that the Enquiry Committee consisting of six expert Doctors showed that all the documents of the hospital in question were found correct and no proof or evidence of any kind was submitted by the complainant regarding child theft.
Accordingly, the Petitioners' Writ Petition was summarily dismissed by the High Court of Chhattisgarh, stating, “After having heard learned counsel for the parties, and the pleadings exchanged therein the case, we do not find any good ground to interfere with the case.”
Being aggrieved by the order of the High Court, the Petitioner filed an SLP.
Court’s Observation
The Supreme Court took into account the contentions of the Petitioner that the High Court had failed to consider whether the complaint made by the Petitioners was properly investigated to find out :
(a) whether a boy and a girl were delivered by Petitioner at the hospital concerned; and
(b) whether the DNA report in respect of the paternity of the two girls confirmed that they were born of the same parents.
Keeping in view of the DNA report and the submission of the Petitioners that it was a clear case of child swapping, the Supreme Court issued notice.
Cause Title: Usha Singh V. The State of Chhattisgarh (Diary No. - 27076/2025)
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