Supreme Court Directs Completion Of Child Trafficking Case Trials In 6 Months; Issues Directions To States On Handling Such Cases

Agencies, 15 Apr 2025 : While cancelling the bail of all accused persons allegedly involved in a large human trafficking racket of minor children, the Supreme Court today passed general directions to expedite the trial in such cases. The Court directed all High Courts to call for necessary information on the status of pending trials relating to child trafficking and subsequently issue a circular for the completion...

The Supreme Court of India, in a significant move, cancelled the bail granted to all accused allegedly involved in the child trafficking racket. The court also issued general directions to expedite hearings in cases related to human trafficking, particularly involving minors. This landmark decision aims to address the increasing cases of child trafficking across the country.

The bench, led by Justice J.B. Pardiwala and Justice R. Mahadevan, criticized the Allahabad High Court for granting bail to the accused. This led to a refusal by the accused to participate in the court proceedings and a failure to apply for the cancellation of bail in Uttar Pradesh. The court directed the state authorities to adopt a more stringent stance in such matters.

The Supreme Court further instructed all High Courts to gather necessary information on pending cases related to child trafficking and ensure their completion within six months. The court issued a circular for High Courts to collect data regarding the status of these cases and directed them to complete the trials within six months, starting from the date of the circular. The High Courts are also required to submit a report on the compliance of these directives to the Supreme Court.

The Court emphasized that any laxity or failure to comply with these instructions would be dealt with strictly, with contempt proceedings being initiated against the concerned authorities. A follow-up hearing will be held in October 2025 to review compliance.

Key Directions Issued by the Court:

All state governments were instructed to study and implement the recommendations from the Indian Research and Development Institute's (BIRD) report dated April 12, 2023, particularly those listed in Paragraph 34 of the ruling.

The Court directed all state governments to adopt appropriate procedures to implement these recommendations and commence action immediately.

All High Courts are to collect data on the status of pending human trafficking cases and ensure that the cases are completed within six months.

In a strong message to medical institutions, the Court ordered that any hospital from which a newborn is trafficked should immediately face license suspension.

“If a baby is stolen from a hospital, the first action should be suspension of the hospital’s license,” the Court said, emphasizing institutional responsibility in preventing trafficking at the source.

The case at hand involved a newborn baby who was allegedly stolen and sold to a couple for ₹4 lakh, due to their desire for a male child. The Supreme Court condemned the act, stating that such illegal adoption practices were unacceptable.

“If you desire a son, you cannot resort to buying a trafficked child. The accused knew the baby was stolen,” the Court observed.

The Court stressed the importance of strict monitoring and adherence to these directives. Failure to comply would result in stern actions, including contempt proceedings.

The Court also directed that copies of the decision be sent to various key authorities, including the Ministry of Home Affairs and the Ministry of Women and Child Development.

Critical recommendations on combating human trafficking in India. Some of the key suggestions include:

Law enforcement authorities should treat cases of missing children as abductions or trafficking until proven otherwise, and actively search for the missing individuals.

A significant proportion of parents (31%) reported their children working in hazardous industries, such as metallurgy, coal, mining, and chemical factories. The Court recommended the strict implementation of child labor laws and regular inspections by labor inspectors in these sectors.

Community policing and anti-trafficking units (AHTUs) need enhanced capacity and resources to effectively tackle trafficking.

Victim protection strategies should be implemented, with a focus on improving police trust with victims and ensuring their safety during investigations.

Prosecutors and law enforcement agencies need to be trained in handling trafficking cases, especially considering the lack of witness cooperation and insufficient evidence in many cases.

Establishment of dedicated human trafficking bureaus at both state and district levels to address the complexities of trafficking cases.

The Supreme Court has now ordered the following steps in connection with the ongoing case:

All accused must surrender immediately and be sent to judicial custody.

The Chief Judicial Magistrate and Additional CJM of Varanasi must commit the case to the Sessions Court within two weeks.

Charges must be framed within one week, and trial must begin without delay.

If any accused are found to be absconding, non-bailable warrants must be issued.

Trial should continue against present accused, even if others remain at large.

Three special public prosecutors to be appointed by the State.

Police protection to be provided to all witnesses.

Victim children to be admitted to school under the Right to Education Act.

Courts to decide compensation under the Bharatiya Nyaya Sanhita (BNSS) and relevant UP laws.

The Court also took suo motu cognizance of a Times of India report detailing the operations of child trafficking gangs active in and around Delhi. The police have been directed to file a report on the steps taken to dismantle such networks.

Further Actions and Challenges:

The Supreme Court also highlighted several challenges in addressing human trafficking, such as the insufficient training of law enforcement officials, inadequate victim protection, and the need for more robust legal frameworks. The report emphasized the urgent need for a multi-sectoral approach, combining law enforcement, victim support services, and legal reforms.

In a bid to strengthen enforcement, the Court recommended that all states and regions set up dedicated Anti-Human Trafficking Units (AHTUs) at both state capitals and district levels, alongside women's helplines at police stations to monitor trafficking investigations. Additionally, railway stations should be more closely monitored in collaboration with the Railway Protection Force (RPF) and the Government Railway Police (GRP) to prevent trafficking.

The Court also urged that brothels be shut down immediately, with alternative rehabilitation programs for victims of sexual exploitation. It stressed the importance of following standard rescue protocols, with the inclusion of representatives from various agencies, such as labor departments, child welfare committees (CWC), and non-governmental organizations (NGOs).

Concluding Remarks:

The Supreme Court’s decision comes as a critical step in the fight against child trafficking in India, setting a strong precedent for expedited trials, enhanced law enforcement efforts, and comprehensive victim support mechanisms. The implementation of the BIRD recommendations is seen as a crucial move towards creating a more efficient and responsive system to combat this grave human rights issue. The Court's decision reflects the urgency of addressing human trafficking with a holistic approach that involves all stakeholders, from law enforcement to social services.

The case will be reviewed again in October 2025, and the authorities are expected to report on their compliance with the Supreme Court's directives.