In K. P. Kiran Kumar versus State, the Supreme Court recently issued strict guidelines, holding that trafficking grossly violates children’s fundamental right to life under the Constitution.
Scale and Gravity of the Problem
- Rescue Data: According to the National Crime Records Bureau, around 3,098 children below 18 years were rescued in 2022.
- Recent Trends: Between April 2024 and March 2025, over 53,000 children were rescued from child labour, trafficking and kidnapping across India.
- Low Conviction Rate: According to the Ministry of Home Affairs (MHA), nearly 10,659 cases of human trafficking were registered in India between 2018 and 2022
- Despite this, the conviction rate stood at only 4.8%, reflecting weak deterrence.
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Definition of Child Trafficking
- International Definition (Palermo Protocol, 2000): Defines child trafficking as the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation.
- Indian Laws (Sec. 143 of the Bharatiya Nyaya Sanhita, BNS), 2023: It criminalises trafficking for exploitation using force, coercion, fraud, deception, abuse of power, or inducement.
- Scope of Exploitation: Exploitation includes physical and sexual exploitation, slavery, servitude, forced labour, and forced removal of organs
Dimensions of Child Trafficking
- Sexual Exploitation: Brothels, online/digital trafficking networks.
- Domestic Servitude: Urban households; isolation, abuse, denial of education.
- Begging Rackets: Children drugged, injured, or maimed to increase earnings.
- Forced Labour: Factories, agriculture, construction, mining → unsafe conditions.
- Criminal Activities: Theft, drug peddling, pickpocketing.
- Child Marriage & Illegal Adoption: Sale of children, fraudulent adoptions.
Constitutional Provisions for Protection of Children
- Fundamental Rights:
- Art. 23: Prohibits trafficking & forced labour.
- Art. 24: Prohibits child labour in hazardous industries.
- Directive Principles:
- Art. 39(e): Protect children against exploitation.
- Art. 39(f): Ensure childhood development in dignity & freedom.
Legal Framework Against Trafficking
- Bharatiya Nyaya Sanhita: Sections 98 and 99 address the selling and buying of minors.
- Immoral Traffic (Prevention) Act, 1956: Focuses on trafficking for sexual exploitation.
- Juvenile Justice Act, 2015: Provides for care, protection and rehabilitation of trafficked children.
- Criminal Law Amendment Act, 2013: Expanded the definition of trafficking to include sexual exploitation, slavery, servitude, forced labour and organ removal, irrespective of consent
- Protection of Children from Sexual offences (POCSO) Act, 2012
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- Defines offences relating to sexual assault, harassment and child pornography.
- Stringent Punishments: Provides penalties including life imprisonment and death penalty in extreme cases.
- Gender-Neutral Law: Applies equally to all children, regardless of gender.
- Fast Track Justice: Around 400 fast track courts operate exclusively for POCSO cases, each targeting disposal of about 165 cases per year.
Judicial Approach to Child Trafficking
- Vishal Jeet vs Union of India (1990): Held trafficking and child prostitution to be serious socio-economic problems requiring a preventive and humanistic approach.
- M. C. Mehta vs State of Tamil Nadu (1996): Issued guidelines prohibiting employment of children in hazardous industries.
- Bachpan Bachao Andolan vs Union of India (2011): Issued directions to address widespread trafficking and exploitation of children.
- K. P. Kiran Kumar vs State: Reaffirmed that trafficking violates the right to life and laid down strict preventive guideline
19 Jan 2026
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