Supreme Court on Child Trafficking 

Syllabus: GS2/Vulnerable Section of Society; Human Rights Concerns

Context

• Recently, the Supreme Court of India has issued a warning to parents across the country, urging them to remain vigilant against the growing menace of child trafficking.
  • It highlighted that traffickers exploit juvenile protection laws to force children into crime.

About  the Child Trafficking

• It is defined as the recruitment, transportation, transfer, harboring, or receipt of a child for the purpose of exploitation.
• Forms of Child Trafficking:
  • Forced Labor: Children are trafficked into industries such as domestic work, agriculture, and construction.
  • Sexual Exploitation: Many victims are forced into prostitution or online exploitation.
  • Illegal Adoption: Criminal networks abduct children to sell them for adoption.

Current Scenario and Statistics

• Over 10,000 cases of trafficking were reported, yet only 1,031 convictions were secured (Between 2018 and 2022).
  • Uttar Pradesh, Bihar, and Andhra Pradesh are among the top states with the highest number of trafficked children.
• According to National Crime Records Bureau (NCRB) data of 2022, 3098 victims (below 18 years) are rescued.

Challenges in Addressing Child Trafficking  

• Low Conviction Rates: Despite thousands of arrests, the conviction rate remains below 5%, highlighting gaps in investigation and prosecution.
• Lack of Awareness and Reporting: Many cases go unreported due to fear, lack of legal knowledge, and social stigma.
• Inter-State Trafficking Networks: Traffickers operate across state borders, making it difficult for law enforcement agencies to track and dismantle these networks.

Legal and Institutional Framework in India

• Article 23 of the Constitution: It prohibits trafficking in human beings and forced labor.
• The Immoral Traffic (Prevention) Act, 1956 (ITPA): It criminalizes human trafficking and provides penalties for offenses involving children, especially those trafficked for sexual purposes.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: It is designed to protect children from sexual assault, sexual harassment, and pornography.
  • It was passed to address child sexual abuse comprehensively and includes provisions for special courts to try these offenses.
  • It defines a child as anyone under 18 years of age.
• The Juvenile Justice (Care and Protection of Children) Act, 2015: It defines a child in need of care and protection, including those at risk of trafficking.
  • It mandates rehabilitation through child welfare committees.
• Bharatiya Nyaya Sanhita (BNS), 2023:Sections 143 and 144 are related to provisions for the offences of human trafficking.
  • Also, Section 111 in BNS is related to Organized Crimes, covers the crime of trafficking of persons for prostitution.
• Bhartiya Nagarik Suraksha Sanhita (BNSS): It recognizes trafficking as a cognizable and non-bailable offence.
• Anti Human Trafficking Units (AHTUs): Central Government has provided financial assistance to States/ UTs for setting up/ strengthening of AHTUs.
  • Currently, 827 AHTUs are functional including 807 in States/ UTs, 15 in Border Security Forces (BSF) and 5 in Sashastra Seema Bal (SSB).
• Crime Multi Agency Centre (Cri-MAC): It was launched by the Ministry of Home Affairs (MHA) for online sharing of information on crime & criminals on 24×7 basis among various Law Enforcement Agencies and ensure seamless flow of information between them.
• Ujjawala Scheme (by Ministry of Women and Child Development): A comprehensive scheme for the prevention of trafficking and rehabilitation of victims through rescue, reintegration, and repatriation.

Global Initiatives Related To Child Trafficking

• United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons: It is known as the Palermo Protocol (adopted by UNGA in 2000), that provides a framework for countries to combat trafficking through prevention, protection, and prosecution.
• Global Report on Trafficking in Persons: It is published by the United Nations Office on Drugs and Crime (UNODC), highlighting the trends, patterns, and regional analyses of trafficking.
  • 2024 Edition: It revealed a 25% increase in detected trafficking victims, with children accounting for 38% of all victims detected worldwide.
• International Labour Organization (ILO): It works to eliminate child labor, a form of trafficking, through initiatives like the International Programme on the Elimination of Child Labour (IPEC).

Conclusion

• The Supreme Court’s judgment serves as a wake-up call for parents, authorities, and society at large to address the growing threat of child trafficking.
• By emphasizing vigilance, accountability, and swift legal action, the court has laid the groundwork for combating this heinous crime.

Source: TH