End The Exploitation: On the Supreme Court Judgment, Child Trafficking

In a recent judgment, the Supreme Court of India addressed the “deeply disturbing reality” of child trafficking. The ruling emphasizes that despite existing laws, organized cartels continue to exploit children, requiring a more robust and sensitive legal response.

The Judicial Stance

• Constitutional Violation: The Court declared that trafficking strikes at the foundations of dignity and bodily integrity, violating the state’s promise to protect children from exploitation.
• Organized Networks: Justices highlighted the complex, layered structure of crime syndicates involved in the recruitment, transport, and harboring of minors.
• Legal Precedent: The Bench upheld the conviction of traffickers under the Immoral Traffic (Prevention) Act, reaffirming that sexual exploitation is a grave criminal offense.

The Constitutional Basics

• Article 23: Prohibits traffic in human beings and forced labour.
• Article 24: Prohibits employment of children in hazardous factories.

Guidelines for Child Testimony

• Sensitivity and Latitude: Courts must approach a child’s testimony with empathy, acknowledging that victims may lack precision or clarity due to trauma.
• Credence over Inconsistency: Minor inconsistencies should not be used to disbelieve a victim. The Court ruled that a child’s deposition carries the weight of an “injured witness” rather than an accomplice.
• Trauma-Informed Justice: The ruling mandates a shift in how evidence is weighed to ensure children are not further victimized by the legal process.

The Enforcement Gap

• Low Conviction Rates: Despite over 10,000 recorded cases between 2018 and 2022, the conviction rate remains a dismal 4.8%.
• Legislative Needs: There is an urgent call to pass a comprehensive Anti-Trafficking Bill and provide more “teeth” to specialized anti-trafficking units.
• Digital Evolution: The Court warned that trafficking is now a “shape-shifting evil” flourishing in digital spaces, requiring modernized intervention strategies.

Prevention and Rehabilitation

• Beyond Compensation: Effective recovery requires a focus on long-term rehabilitation rather than just one-time financial payouts.
• Education as a Shield: Ensuring children stay in school until age 14, as mandated by the Right to Education (RTE) Act, is cited as a primary preventive measure.
• Collective Responsibility: The onus for protection lies equally on the government and civil society to dismantle forced labor and sex trafficking networks.

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Way Forward

• Holistic Rehabilitation Beyond Compensation: Effective rehabilitation of trafficking survivors must go beyond financial relief to include sustained psychological counselling, trauma-informed care, and social reintegration, ensuring dignity and long-term recovery.
• Need for Digital Vigilance and Cyber Policing: With trafficking increasingly shifting to online platforms, robust digital surveillance, action against online grooming, and strengthened cybercrime enforcement are critical to counter evolving trafficking networks.
• Legislative Gaps and Urgent Legal Reform: The absence of a comprehensive law necessitates the urgent passage of the Anti-Trafficking Bill, empowering enforcement agencies with clear mandates, inter-agency coordination, and victim-centric procedures.

Conclusion

The Supreme Court’s ruling serves as a vital mandate to prioritize victim-centric justice and systemic reform. To effectively eradicate trafficking, India must bridge the gap between stringent laws and ground-level implementation through better convictions, digital vigilance, and education.

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