GUWAHATI: The Supreme Court came down heavily on the Uttar Pradesh government and the Allahabad High Court on Tuesday for their mishandling of a disturbing child trafficking case, describing their approach as “callous and disappointing.” The apex court also issued a series of strict directions aimed at curbing the growing menace of child trafficking in the country.
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A bench comprising Justices JB Pardiwala and R Mahadevan, while hearing anticipatory bail applications in a case involving the trafficking of a newborn, criticized the Allahabad High Court for granting bail without imposing adequate safeguards. The bench noted that several accused had absconded, raising serious concerns about public safety.
“The High Court dealt with the bail pleas in a negligent manner. At the very least, it should have required the accused to report weekly to the police. Because of this oversight, authorities have lost track of them,” the bench observed.
The court emphasised that if a newborn is abducted from a hospital, the immediate response must be to suspend the hospital’s licence. “If a baby goes missing after birth, the facility must face immediate closure,” the bench stated.
Criticism was also directed at the UP government for its lackadaisical response. “We are deeply disappointed by the State’s handling of the matter. No appeal was filed, and there has been a complete lack of seriousness,” Justice Pardiwala remarked.
The court ordered all accused in the current case to surrender immediately and be placed in judicial custody. It instructed that charges be framed within one week and non-bailable warrants be issued for those who remain absconding. “The trial must proceed expeditiously for those present,” the order said.
The case involves a newborn allegedly trafficked and sold to a couple desperate for a male child for a reported sum of ₹4 lakh. The bench strongly condemned the act, stating, “Wanting a son does not justify buying a stolen child. The accused were fully aware the baby was trafficked.”
Justice Pardiwala added poignantly, “The sorrow of losing a child to trafficking is unlike any other. When a child dies, they rest with the Almighty. When trafficked, they fall into the hands of criminals.”
The Supreme Court has now mandated all trial courts across India to conclude child trafficking cases within six months, with hearings to be held on a day-to-day basis. High Courts have also been directed to monitor these trials and issue relevant instructions where necessary.
Additionally, the apex court directed state governments to immediately act upon the recommendations of a comprehensive anti-trafficking report prepared by the Bhartiya Institute. Non-compliance with the court’s orders, it warned, would be treated as contempt.
In a move to ensure swift justice, the court ordered the Chief Judicial Magistrate (CJM) and Additional CJM of Varanasi to transfer the case to a sessions court within two weeks and begin framing charges within one week. Three special public prosecutors are to be appointed for the trial, and witness protection measures will be implemented.
The trial court has also been tasked with deciding compensation under the Bharatiya Nyaya Sanhita and state laws, while trafficked children are to be enrolled in schools under the Right to Education Act, ensuring continued access to education.
Taking suo motu cognisance of a media report on child trafficking gangs, the Supreme Court directed the investigating officer to submit a detailed status report on efforts to dismantle trafficking networks, especially in and around Delhi. The matter is scheduled for further hearing on April 21.
According to the National Crime Records Bureau, India registered 2,250 child trafficking cases in 2022, with the highest numbers reported in Telangana, Maharashtra, and Bihar.
