The Supreme Court on Tuesday issued comprehensive directions to tackle child trafficking across India, mandating swift trials, stronger state accountability, and strict action against hospitals involved in trafficking cases.
The directives were issued by a Bench comprising Justices JB Pardiwala and R Mahadevan during the hearing of a child trafficking case from Uttar Pradesh.
Six-Month Deadline
The Court directed High Courts across the country to issue instructions to subordinate courts to complete all pending trials related to child trafficking within six months. The trials are also to be conducted on a day-to-day basis to ensure timely justice.
“High Courts must call for a status report on all pending trials and direct completion within 6 months. Any laxity will be treated as contempt of court,” the Bench stated.
Hospital License Suspension
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.
Severe Criticism Of Uttar Pradesh Govt, Allahabad HC
While hearing anticipatory bail pleas in the UP case, the Court expressed its dismay at how the matter was handled. The judges criticized the Allahabad High Court for granting bail to accused individuals without proper conditions, allowing many of them to flee.
“The High Court dealt with bail applications callously. At the very least, it should have imposed conditions like weekly police station visits,” the Bench remarked.
The Uttar Pradesh government was also criticized for failing to appeal bail orders or take effective action to trace the absconding accused.
“We are thoroughly disappointed with how the State of UP handled the case. No seriousness was shown,” the Court added.
Case Involved Trafficking
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.
Court Orders Immediate
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.
States Told To Implement
Lastly, the Court directed all State governments to study and implement the recommendations submitted by the Bhartiya Institute on preventing child trafficking. The Bench emphasized that swift action is essential to curb the trafficking of children and safeguard their rights.
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