The Supreme Court has agreed to examine a couple’s plea challenging a Chhattisgarh High Court order that had refused to direct any criminal action against a hospital in the state where the couple’s baby boy was allegedly swapped with a girl, and a DNA test had proved the alleged misdeed.
A bench of Justices Manoj Misra and Ujjal Bhuyan issued notice to the state government on the appeal filed by the aggrieved mother, Usha Singh, challenging the high court order dated January 22.
According to the petitioners’ counsel, Usha had delivered twins — a boy and a girl — but was handed over two girls. She filed a complaint, and a DNA test revealed that only one girl belonged to the couple.
“The contention of the learned counsel for the petitioners is that while passing the impugned order, the high court has 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 No. 1 (Usha Singh) at the hospital concerned; and (b) Whether the DNA report in respect of paternity of the two girls confirmed that they were born of same parents, the bench said.
The apex court said it was a clear case of child swapping and “in such circumstances, according to the petitioners, investigation ought to have been directed after a thorough inquiry”.