By Dr Swati Jindal Garg
“I can’t think of a fight more worthy of fighting; this is a fight worth taking as many hits as it takes to win. Each of these kids is worth it.”
—Tony Kirwan, Destiny Rescue Founder
So grave is the menace of child trafficking that even the Supreme Court has now stepped in. In an unprecedented move, it has directed all High Courts across the country to collect data on pending child trafficking trials and ensure their completion within six months.
The directive came after a bench comprising Justices JB Pardiwala and R Mahadevan cancelled the bail granted to accused individuals in three inter-state child trafficking cases. The bench was categorical in its view: justice delayed in such matters is not just denied—it is devastating. The Court held that, if necessary, trials must be conducted on a day-to-day basis. “We are sorry to say, but the High Court dealt with all the bail applications in a very callous manner,” the bench observed.
Slamming the Allahabad High Court for what it termed a “callous” approach, the bench said that the outcome of such leniency had been catastrophic—several accused had absconded, putting the trials in jeopardy. In its stern rebuke, the Court noted that these individuals represented a clear and continuing threat to society, showing a consistent pattern of criminal behaviour involving the trafficking of children.
The Court further emphasized that, at the very least, the High Court should have imposed conditions such as weekly check-ins at police stations. By failing to do so, it left the police unable to track the accused—and the accused disappeared. “These accused persons are a big threat to society wherever they are in the country,” it said.
What made this rebuke even more pointed was the apex court’s simultaneous direction to state governments to study and implement the findings of a 2023 NHRC-commissioned report by the Bharatiya Institute of Research and Development. That report sheds light on the scale and complexity of human trafficking in India. One chilling statistic from the NCRB: of the nearly 3.8 lakh missing persons traced, two-thirds are women and girls.
The Supreme Court also introduced a bold provision in cases of newborn trafficking: hospitals from which newborns are abducted should have their licences suspended immediately, along with further legal consequences. “If any newborn infant is trafficked from any hospital, the immediate action should be suspension of its licence.”
The Mechanics Of Exploitation
Child trafficking is defined in law as the “recruitment, transportation, transfer, harbouring or receipt” of a child for the purpose of exploitation. In low-income countries, children make up half of all detected trafficking victims, with most trafficked for forced labour or sexual exploitation.
In India, disadvantaged communities are the most vulnerable. Parents are often tricked, misled, or desperate enough to hand over their children in the hope of a better life. Children are trafficked for domestic servitude, factory and agricultural work, sexual exploitation, begging rackets, and even armed conflict. “Girls are disproportionately targeted—and suffer lifelong consequences of gender-based violence.”
Natural disasters, poverty, illiteracy, and lack of birth registration all amplify vulnerability. Sometimes early marriages serve as a front for trafficking. Others are lured by the promise of life in big cities—only to be trapped in cycles of abuse.
A System Under Strain
The National Crime Records Bureau reported 2,200 cases of child trafficking in 2019 alone, with 95 percent being internal. While 6,616 victims were identified, activists claim the actual number is far higher due to underreporting.
Another NHRC report found 40,000 children abducted annually, with 11,000 remaining untraced. NGOs estimate that between 12,000 and 50,000 women and children are trafficked into India each year from neighbouring countries for the ex trade.
Despite a raft of laws—including the Juvenile Justice Act, POCSO Act, and the Immoral Traffic (Prevention) Act—India still lacks a comprehensive legal framework.
The long-pending Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021, is yet to be passed. “India still lacks a comprehensive anti-trafficking law despite the scale of the crisis,” the Court said.
The Bail Vs Justice Debate
While courts have long upheld the principle of “bail, not jail”, the Supreme Court remi-ded the nation that liberty is not absolute. It must be balanced against the collective security of society. In crimes as egregious as child trafficking, the weight of social interest often tips the scale.
The Court’s intervention comes not a moment too soon. Justice for these children must not remain mired in judicial delays or administrative inertia. Beyond legal reforms, what’s needed is a coordinated, community-based push—one that includes awareness, education, rehabilitation, and a strong support structure for survivors. “Laws are made for their obedience so that every member of society lives peacefully to achieve both individual and social interests,” the Court said.
Conclusion: Turning The Tide
Child trafficking in India is not just a legal issue—it’s a moral emergency. The Supreme Court’s directive is a vital step, but the path forward requires much more: legal reform, social awareness, economic upliftment, and cross-border cooperation.
If the nation heeds this wake-up call, perhaps the cry of thousands of stolen childhoods may finally be answered.
—The author is an Advocate-on-Record practising in the Supreme Court, Delhi High Court and all district courts and tribunals in Delhi