Supreme Court’s Directives on Child Trafficking 

In a landmark development, the Supreme Court of India has taken strong exception to the rising number of child trafficking cases in hospitals, particularly in Uttar Pradesh. While hearing a petition regarding a child trafficking case where multiple accused had gone missing, the court issued stern directions and emphasised accountability, judicial vigilance, and state action.

Justice JB Pardiwala, who was on the Bench, strongly condemned the inefficiencies in hospital protocols and judicial practices that allow such heinous crimes to go unchecked. The Court has not only criticised the authorities but also laid down a clear framework to address this grave concern.

Key Points and Guidelines Laid Down by the Supreme Court

Strict Action Against Hospitals

• The Court directed that hospitals must lose their license if any newborn goes missing from their premises.
• Justice Pardiwala remarked: “The first step should be to suspend the license” in such cases to ensure accountability and deter negligence.
• This move aims to instil fear among hospitals that fail to maintain proper safety protocols for infants.

Judicial Criticism of Bail Granting

• The Allahabad High Court came under sharp criticism for its “callous” approach in granting bail to the accused in a child trafficking case.
• Many accused went missing after securing bail due to the absence of conditions such as weekly police reporting.
• The Supreme Court underlined the need for strict bail conditions, especially in sensitive cases like trafficking, where the risk of absconding is high.

Directions to CBI and Trial Courts

• The Supreme Court ordered that all accused in trafficking cases must surrender immediately.
• The Bench emphasised that charges must be framed within a week, failing which non-bailable warrants should be issued.
• This is to ensure that the criminal justice process does not face delays that could help the accused escape justice.

Broader Guidelines to Combat Child Trafficking

• The Court laid down detailed recommendations to curb child trafficking effectively.
• It directed state governments and High Courts to implement these guidelines strictly and ensure close monitoring of pending trials.
• The judgement signals the Court’s intent to make state-level authorities more responsible and proactive in tackling such crimes.

Emotional Appeal and National Crime Data

• Justice Pardiwala highlighted the emotional trauma that families undergo when children are trafficked.
• As per NCRB 2022 data, there were 2,250 reported child trafficking cases, with Telangana, Maharashtra, and Bihar recording the highest numbers.
• The data reinforces the urgent need for stronger prevention, surveillance, and faster judicial response.