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DNA confirms newborn boy was wrongly handed to another couple; Shimla Court slaps damage tune to Rs 30 lakh on State of HP
Shimla, Sept 2,
DNA analysis has conclusively established that the boy born to Sheetal Thakur at Shimla’s Kamla Nehru Hospital (KNH) in 2016 was wrongly handed over to another couple, while the girl subsequently handed over to Thakur was not her biological child. Taking serious note of the hospital’s negligence in the exchange of the newborns, a Shimla Civil Court has ordered the Himachal Pradesh government to pay Rs 30 lakh compensation to Thakur for the trauma and mental agony suffered by her family.
Civil Judge Sushmita Sharma held the State responsible for the negligence of doctors and hospital staff while performing their official duties at the government hospital. The court found that the DNA evidence not only established that the baby girl handed over to the complainant was unrelated to her, but also subsequently confirmed that the male child born to her at KNH on the same day and allegedly handed over to another couple was her biological progeny.
The case originated on May 26, 2016, when Sheetal Thakur, a resident of Sanjauli, was admitted to KNH for delivery. Her family was initially informed that she had delivered a boy. However, a newborn girl was later handed over to her. The family questioned the hospital authorities, particularly because they had been told that a male child had been born and the baby’s clothes had also been changed.
A DNA test conducted at a private laboratory subsequently confirmed that the girl handed over to Sheetal was not her biological child. The matter reached the High Court, which ordered DNA testing as part of the legal proceedings. The investigation eventually traced the biological parents of both children, establishing the swap.
The two children were thereafter reunited with their respective biological parents. Sheetal then approached the civil court seeking compensation for the prolonged separation from her newborn son and the mental agony caused by the hospital’s negligence.
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The State denied any negligence and relied upon an investigation report and the statement of a female attendant to contend that no complaint had been raised at the time of delivery. The court, however, found the government’s investigation unconvincing.
It noted that the investigation report did not carry a date and failed to properly record witness statements or identify the relevant documents. Witnesses were also unable to clearly state who had conducted the inquiry or when it had been conducted.
The court observed that because of the hospital’s negligence, the parents were deprived of the natural love and affection of their newborn child for a prolonged period, causing Sheetal severe mental agony.
Applying the principle of restitutio in integrum, under which an aggrieved person should, as far as possible, be restored to the position they would have occupied but for the wrongful act, the court allowed the suit and directed the State government to pay ₹30 lakh compensation to Sheetal Thakur.
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