Supreme Court Directives on Child Trafficking

GS2 – Vulnerable Groups

Context:

In the landmark Pinki vs. State of Uttar Pradesh case, the Supreme Court delivered extensive instructions aimed at curbing the issue of child trafficking in India.

Understanding Child Trafficking:

According to the United Nations, child trafficking involves the recruitment, transfer, or sheltering of minors for exploitative purposes such as forced labour, begging, or sexual abuse. India constitutes nearly one-third of the world’s trafficked children, predominantly driven by forced work, domestic servitude, and sexual exploitation.

Key Supreme Court Directives

• Establishment of AHTUs:
  Every state and Union Territory must set up fully-equipped Anti-Human Trafficking Units (AHTUs) at the district level, with sufficient personnel, infrastructure, and budgetary support.
• Presumption in Missing Child Cases:
  All missing child reports should be initially treated as possible trafficking or abduction incidents until proven otherwise. Law enforcement and AHTUs must mandatorily register such cases.
• Operationalisation of Rehabilitation Funds:
  States are required to activate rehabilitation funds in line with Section 13(1) of the draft Trafficking in Persons (Prevention, Care, and Rehabilitation) Bill.
• Interim Relief for Victims:
  Courts should ensure immediate compensation to child victims as per Section 357A of the CrPC, even if the offender is not yet identified or prosecuted.
• Standard Operating Procedures (SOPs):
  States must formulate SOPs to guarantee the provision of safe shelter, nutrition, clothing, counselling, medical support, and education for rescued children.
• DCPU Responsibilities:
  District Child Protection Units must work in tandem with the police and Child Welfare Committees to offer ongoing support, including efforts to trace families.
• Additional Measures:
  • Create state-level Anti-Human Trafficking Bureaus.
  • Improve the efficiency of Child Welfare Committees.
  • Conduct regular inspections in industries known for child labour.
  • Establish child-friendly courts for sensitive handling of cases.
• Oversight Mechanism:
  State Legal Services Authorities are to oversee the enforcement of these guidelines and regularly submit reports to the Supreme Court.
• Central Government Role:
  The Ministries of Home Affairs and Women & Child Development must issue detailed instructions and ensure coordination between states for effective rescue and rehabilitation.

Legal and Policy Framework for Prevention

• Constitutional Safeguards:
  Articles 23 and 24 of the Constitution prohibit trafficking and forced labour, particularly involving children.
• Indian Penal Code:
  Sections 370 and 370A criminalise human trafficking and exploitation of minors.
• Juvenile Justice Act, 2015:
  Focuses on the protection, rehabilitation, and social reintegration of trafficked children.
• POCSO Act, 2012:
  Offers legal protection against sexual offences that are often linked to trafficking.
• CrPC Section 357A:
  Provides for state-level victim compensation mechanisms.
• Immoral Traffic (Prevention) Act, 1956:
  Targets trafficking for commercial sexual purposes.
• Child and Adolescent Labour Act, 1986:
  Prohibits employment of children below 14 years and bans hazardous work for those aged 14 to 18.
• Government Schemes and Portals:
  • National Child Labour Project (NCLP): District-level programs for rehabilitating child labourers.
  • PENCIL Portal: Ensures monitoring of CALPR Act and NCLP implementation.
  • TrackChild Portal: Digital tracking system by MWCD for missing and trafficked children.
  • UJJAWALA Scheme: Central scheme for prevention, rescue, rehabilitation, and reintegration of trafficked women and children.
• Anti-Human Trafficking Units:
  While operational in many areas, AHTUs require standardisation and strengthening.
• Draft Trafficking in Persons Bill, 2021:
  Aims to bring all anti-trafficking efforts under a unified legal and institutional framework across national, state, and district levels.
• International Commitments:
  India is a signatory to the UN Convention on the Rights of the Child and the Hague Convention (1993) concerning intercountry adoption and child protection.