COUPLE MOVES SUPREME COURT SEEKING FIR AGAINST PRIVATE HOSPITAL FOR ALLEGED INFANT SWAPPING:

The Supreme Court has agreed to consider a plea filed by a couple seeking criminal action against a private hospital in Raipur for allegedly swapping their newborn boy with a girl child soon after delivery. The case came before a bench of Justice Manoj Kumar and Justice Ujjal Bhuyan, which was hearing a challenge to a Chhattisgarh High Court order that had refused to direct registration of an FIR against the hospital’s director and his wife, a gynaecologist at the same institution.

According to the petitioners, the mother gave birth to twins, a boy and a girl at the hospital. However, when the infants were handed over, the parents were told that both children were girls. Suspecting foul play, the couple raised a complaint with the authorities. Following this, a DNA test was carried out. The results showed that while the DNA of one of the girls matched that of the biological parents, the DNA of the second girl did not correspond to theirs. Based on this, the petitioners asserted that the incident was a clear case of infant swapping and possibly kidnapping.

The couple argued that their grievance was never adequately addressed. In their view, the matter warranted a detailed investigation, particularly in light of the DNA test results. Instead, the High Court dismissed their plea outright, relying primarily on the findings of an Enquiry Committee comprising six expert doctors. This Committee had concluded that there was no evidence of foul play on the part of the hospital or its staff. The petitioners contended that the High Court erred in summarily rejecting their request for FIR registration without engaging with the material facts, including the genetic test results.

Before the Supreme Court, the petitioners reiterated that an FIR should have been registered and a proper investigation undertaken to determine whether the hospital administration was involved in the alleged offence. They emphasized that the refusal to direct an investigation had left them without recourse in a matter involving serious allegations of kidnapping and child rights violations.

The Supreme Court, after briefly hearing the parties, noted that the case merited consideration. While it did not issue any immediate directions, the bench acknowledged that the circumstances, particularly the conflicting DNA evidence, could not be brushed aside at the threshold. The Court accordingly decided to list the matter for further hearing after four weeks.

The controversy has sparked wider debate about hospital accountability and procedures followed in maternity wards. Although the Enquiry Committee report dismissed suspicions of malpractice, the presence of a child whose DNA does not match that of the biological parents continues to raise unresolved questions. The Supreme Court’s intervention will determine whether the matter proceeds to a full-fledged investigation or remains closed on the basis of the expert committee’s findings.

The outcome will not only impact the petitioners’ pursuit of justice but may also set a precedent on how allegations of baby swapping and medical negligence are addressed in India’s healthcare system.