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Supreme Court Cracks Down on Child Trafficking: Orders Swift Action & Accountability

In a landmark ruling, the Supreme Court of India has issued strict guidelines to combat child trafficking, emphasizing swift legal action and institutional accountability. The directive comes amid growing concerns over organized trafficking networks and lax enforcement.

Key Directives from the Supreme Court

A Bench of Justices JB Pardiwala and R Mahadevan has mandated that High Courts across India ensure child trafficking trials are completed within six months. Lower courts must conduct day-to-day hearings to expedite justice.

"State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest. High Courts across the country are directed to call for status of pending trial in child trafficking cases. Then directions shall be issued to complete trial in 6 months and also conduct day to day trial," the Court ordered.

Hospitals Face License Suspension for Negligence

The Court has taken a firm stance on cases where newborns are stolen from hospitals, stating that the first step should be to suspend the hospital’s license.

"If any new born is trafficked from a hospital, the first step should be suspend the license of such hospitals. If any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license," the Court ordered.

Allahabad High Court & UP Government Criticized

The Supreme Court reprimanded the Allahabad High Court and the Uttar Pradesh government for their negligent handling of child trafficking cases. The Court noted that bail was granted carelessly, allowing accused individuals to abscond, posing a serious threat to society.

"The High Court dealt with bail applications callously and it led to many accused to abscond. These accused pose serious threat to society. Least which was required from High Court while granting bail was to impose a condition to mark presence in police station every week. The police lost track of all accused persons," the Court opined.

Expressing disappointment with the State of Uttar Pradesh, the Court questioned why no appeal was filed against the bail orders.

"We are thoroughly disappointed how State of UP handled this and why no appeal was made. No seriousness was showing worth the name," the Court stated.

Case Details: Baby Sold for ₹4 Lakh

The case that triggered this ruling involved a stolen newborn, allegedly sold for ₹4 lakh to a couple desiring a son.

"It appears the accused was longing for a son and then got a son got for ₹4 lakh. If you desire a son.. you cannot go for a trafficked child. He knew that the baby was stolen," the Court noted.

Immediate Legal Actions Ordered

The Supreme Court canceled bail for all accused and directed them to surrender immediately. The Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrate (ACJM) of Varanasi must commit the cases to the sessions court within two weeks, with charges framed within one week.

"All accused directed to surrender and they shall be sent to judicial custody. We direct CJM Varanasi and ACJM Varanasi to commit the cases to court of sessions within two weeks. Charges shall be framed within one week. If it's informed that some accused have absconded, the trial court to issue non-bailable warrants. Trial of those present shall go on and not be delayed," the Court ordered.

Additionally, three special public prosecutors will be appointed, and police protection will be provided to witnesses. The Court also directed that trafficked children be admitted to schools under the Right to Education Act.

Police Ordered to Crack Down on Trafficking Gangs

Taking cognizance of a Times of India report, the Supreme Court has ordered police authorities to submit a detailed report on steps taken to dismantle trafficking networks.

"We have also taken cognizance of the Times of India report and we have directed the police officer looking into this to report status of the case and what steps are being taken to tackle such gangs working outside and inside Delhi," the judgment stated.

The matter will be heard again on April 21, ensuring continued judicial oversight.



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