Child Trafficking and the Supreme Court Stance

A recent Supreme Court judgment in K. P. Kiran Kumar vs State of Kerala reaffirmed that trafficking is a direct violation of Article 21.

Key Observations of the Supreme Court

• Quote: “Freedom is not just the absence of chains, but the ability to develop one’s personality.”
• Guidelines: The court issued strict guidelines to curb physical and sexual exploitation.
• Significance of Article 21: Without liberty and dignity, life becomes mere animal existence.

NCRB (National Crime Records Bureau) Data

• 2022: ~3,098 children rescued (below 18 years).
• 2024–25: ~53,000 children rescued (April–March).
• Major categories: Child labour, sexual exploitation, and kidnapping.
• Reality
  • Conviction rate only 4.8% (2018–2022).
  • Inference: Low deterrence for traffickers.

About “Trafficking” (Global)

• Definition: Human trafficking is defined by the UN Palermo Protocol (2000) as involving three linked components:
  • Act: Recruitment, transportation, transfer, harbouring or receipt of persons.
  • Means: Threat, use of force, abduction, fraud, deception, or abuse of power.
  • Purpose: Exploitation — including sexual exploitation, forced labour, slavery-like practices, or organ removal.
• Key Principle:  If any prohibited means are used, the victim’s consent is legally irrelevant.

About “Trafficking” in India

• Legal Position:
  • Earlier: Indian Penal Code (IPC), Section 370
  • Now: Bharatiya Nyaya Sanhita (BNS), 2023 — Section 143
• Comprehensive Scope under BNS:
  • Acts Covered: Recruiting, transporting, transferring, harbouring or receiving persons.
  • Means Used: Force, fraud, deception, coercion or abuse of power.
  • Purpose: Exploitation — including physical and sexual exploitation, slavery-like practices, and forced organ removal.
  • Consent is no defence — even if money is paid or apparent consent is given, it still amounts to trafficking under BNS.

Constitutional Shield (Fundamental Rights)

• Constitutional Role: The Constitution is the ultimate guardian of children.
• Article 23: Right against Exploitation
  • Prohibits traffic in human beings and begar (forced labour).
  • Humans are not commodities to be bought or sold.
• Article 24: Prohibition of Child Labour: No child below 14 years in factories, mines or hazardous employment.
• Article 39(e) & (f) of the Directive Principles of State Policy (DPSP): Direct the state to ensure children are not abused and have a healthy environment.

Legal Arsenal Against Trafficking in India

• Bharatiya Nyaya Sanhita (BNS), 2023: Sections 98 & 99 of the BNS penalise buying and selling of children for prostitution or other illegal activities.
• Immoral Traffic (Prevention) Act (ITPA), 1956: It is the core law against commercial sexual exploitation, and it targets brothel keepers, pimps and traffickers rather than victims.
• Juvenile Justice (JJ) Act, 2015
  • Victim-centric approach focused on rehabilitation, not punishment.
  • Treats trafficked children as Children in Need of Care and Protection (CNCP).
  • Children are sent to care homes, not jails.
• POCSO Act, 2012 (Protection of Children from Sexual Offences)
  • Gender-neutral law for sexual crimes against children.
  • Provides stringent punishments, including life imprisonment and the death penalty in extreme cases.
  • Implemented through ~400 special fast-track courts for speedy trials.

Judicial Activism: Filling Executive Gaps in Child Protection

• Vishal Jeet v. Union of India (1990): Held that trafficking is a socio-economic problem, not just a law-and-order issue.
  • Directed emphasis on prevention, rescue and rehabilitation, not only criminal prosecution.
• M.C. Mehta v. State of Tamil Nadu (1996): Triggered by child labour in Sivakasi firecracker factories.
  • Banned child labour in hazardous industries.
  • Ordered the creation of the Child Labour Rehabilitation Welfare Fund.
• Bachpan Bachao Andolan v. Union of India (2011): Filed by Kailash Satyarthi’s organisation on missing children not being investigated.
  • Directed that every missing child complaint must be registered as an FIR.
  • If not traced within 4 months, the case must be transferred to the Anti-Human Trafficking Unit (AHTU).
  • Impact: Forced police to treat missing children cases as potential trafficking, not routine complaints.

Root Causes of Human Trafficking

• Socio-Economic Vulnerability: Poverty pushes families to send children to work; rural unemployment limits safe income options.
• Migration and Displacement: Migrant families lose community safety nets; disasters and conflicts heighten exposure to traffickers.
• Family Breakdown: Orphanhood, domestic violence and abandonment increase susceptibility to exploitation.
• Cyber Trafficking: It is a modern threat where children are lured via social media platforms like Instagram and Facebook

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Way Forward

• Adopt the “3 Ps” Strategy (Prevention, Protection, Prosecution):  There is a need to address the root causes, ensure prompt rescue and rehabilitation of victims, and strengthen prosecution to dismantle trafficking networks and improve deterrence.
• Improve Conviction Rates: Upgrade investigation and evidence collection to raise conviction rates beyond the current ~4.8%.
• Strengthen Federal Cooperation: As trafficking is inter-State and organised, enhance coordination between State Police and National Investigation Agency (NIA).
• Leverage Technology: Integrate AI and facial recognition across inter-State databases to quickly trace missing children and disrupt trafficking routes.
• Focus on Rehabilitation, Not Just Rescue: Ensure long-term recovery through education, skill training and psychological counselling, not merely shelter and food.

Conclusion

Effective prevention, rehabilitation and prosecution must work together to protect children’s constitutional rights.

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