Child Trafficking

Child Trafficking

Context

In late 2024 and throughout 2025, the Supreme Court of India issued landmark observations and guidelines to address the "deeply disturbing reality" of child trafficking. The Court emphasized that trafficking is not just a statutory crime but a direct violation of Article 21 (Right to Life and Personal Liberty) and Article 23 (Prohibition of traffic in human beings and forced labor), striking at the core of constitutional dignity and bodily integrity.

About the News

• Judicial Observation: In K.P. Kiran Kumar v. State (2025), the Supreme Court declared that trafficked children should be treated as "injured witnesses" rather than accomplices.
• Guidelines for Testimony: The Court directed lower judiciaries to assess victim testimonies with sensitivity, noting that minor inconsistencies or delays in reporting are common results of trauma and should not be grounds for dismissing a case.
• Organized Crime Link: The judiciary recognized trafficking as a layered organized crime, making it difficult for victims to provide a linear narrative of their exploitation.

The Prosecution Gap

Despite increased vigilance, there remains a significant "conviction deficit" in India's anti-trafficking efforts.

• Rising Rescues: Between April 2024 and March 2025, more than 53,000 children were rescued nationwide through operations like Operation AAHT (by Railway Protection Force) and Operation Nanhe Farishtey.
• Conviction Rate: The conviction rate for trafficking offenses remains alarmingly low at approximately 4.8% (based on data from 2018–2022).
• Factors for Low Conviction:
  • High rates of witnesses turning hostile due to threats.
  • Lack of inter-state coordination (as trafficking often involves transporting victims across state borders).
  • Socio-economic vulnerabilities that discourage marginalized families from pursuing lengthy legal battles.

International Standard: The Palermo Protocol

India is a signatory to the Palermo Protocol (ratified in 2011), which provides the global benchmark for defining and combating human trafficking.

• Definition: Trafficking is defined by three elements: the Act (recruitment/transport), the Means (threat/force/fraud), and the Purpose (exploitation).
• The Consent Rule: A pivotal clause of the protocol states that a child's consent is irrelevant in determining the offense of trafficking. Even if a minor "agrees" to work or move, if the purpose is exploitation, it is legally classified as trafficking.
• The 3P Framework: The protocol mandates a strategy based on Prevention, Protection of victims, and Prosecution of traffickers.

Way Forward

• Fast-Track Justice: Strengthening the 400+ Fast Track Special Courts (FTSCs) to handle POCSO and trafficking cases within strictly defined timelines.
• Victim-Centric Investigation: Training Anti-Human Trafficking Units (AHTUs) to use trauma-informed questioning to avoid re-victimizing children during the investigation.
• Empowering DMs: Ensuring District Magistrates exercise their power to order immediate rescue and provide interim medical and financial aid without waiting for a trial's conclusion.
• Standard Operating Procedures (SOPs): Uniform implementation of transit-point monitoring at railway stations and bus terminals to intercept traffickers in real-time.

Conclusion

Child trafficking is a constitutional failure that demands a multi-sectoral response. While the Supreme Court's "injured witness" doctrine provides a stronger legal footing for victims, bridging the gap between high rescue numbers and low conviction rates remains the primary challenge for India's criminal justice system.