Child Trafficking in India: Legal Framework and Challenges
Child trafficking remains a significant issue in India. Recent Supreme Court decisions have emphasized the violation of children's fundamental rights due to trafficking and provided guidelines for its prevention.
Statistics and Conviction Rates
- In 2022, approximately 3,098 children below 18 were rescued.
- Between April 2024 and March 2025, over 53,000 children were rescued from trafficking, child labor, and kidnapping.
- The conviction rate for related offenses between 2018 and 2022 was only 4.8%.
International and National Definitions
- Palermo Protocol: Defines child trafficking as recruitment, transportation, harboring, or receipt of a child for exploitation.
- Bhartiya Nyaya Sanhita (BNS) 2023: Similar definition but includes threats, coercion, fraud, and abuse of power.
Constitutional and Legal Protections
- Constitutional Articles: Articles 23 and 24 protect against trafficking, forced labor, and hazardous industry employment.
- Other Legal Provisions:
- Immoral Traffic (Prevention) Act, 1956
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- Juvenile Justice (Care and Protection of Children) Act, 2015
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- Criminal Law Amendment Act, 2013
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- Protection of Children from Sexual Offences (POCSO) Act, 2012
- POCSO Act is gender-neutral and ensures fast trials with around 400 exclusive fast track courts.
Judicial Precedents
- Vishal Jeet vs Union of India, 1990: Emphasized the need for a preventive and humanistic approach.
- M.C. Mehta vs State of Tamil Nadu, 1996: Guidelines against child employment in hazardous industries.
- Bachpan Bachao Andolan vs Union of India, 2011: Directions to address child exploitation and trafficking.
Socio-Economic Challenges and Recommendations
- Factors like poverty, unemployment, migration, disasters, and family breakdowns contribute to vulnerability.
- The spread of social media aids recruitment for trafficking under false pretenses.
- The government must enhance protection of children's rights and improve conviction rates to deter traffickers.
- A strong Union-State relationship is vital due to policing being a State subject.
