Child Trafficking in India: Supreme Court's Observations

The Supreme Court of India has highlighted the grave issue of child trafficking, describing it as a "deeply disturbing reality" that persists despite existing protective laws. In a judgment on December 19, it addressed a case involving a minor's sexual exploitation by traffickers in Bengaluru, emphasizing the need for systemic changes and better enforcement of laws.

Key Observations and Guidelines

• The Court upheld the conviction of traffickers under the Immoral Traffic (Prevention) Act.
• Trafficking strikes at the core of a child's dignity and the constitutional promise to protect children from exploitation.
• The judgment called attention to the complex networks involved in trafficking, which include recruiting, transporting, harboring, and exploiting minors.
• The Court emphasized the importance of treating the testimony of trafficked minors with sensitivity and latitude.
• It warned against dismissing a child's testimony due to minor inconsistencies and stressed that a victim's account should be regarded as that of an injured witness.

Challenges and Recommendations

• The Court's observations stress the responsibility of both the government and civil society to protect children.
• There is a need for more effective enforcement on the ground, such as strengthening anti-trafficking units and passing an anti-trafficking Bill.
• Data from the Ministry of Home Affairs shows 10,659 cases of human trafficking recorded between 2018 and 2022, with a low conviction rate of 4.8%.
• The focus must shift to prevention and protection, ensuring children stay in school until age 14 as per the Right to Education Act.
• The digital space has complicated trafficking, requiring preparedness to tackle its evolving forms.