The Supreme Court of India came down heavily on the Uttar Pradesh government on Tuesday. The rebuke expressed deep concern over the handling of child trafficking cases in the state. The court further issued a set of stringent guidelines aimed at curbing such crimes across India.
The Supreme Court bench consisting of Justices JB Pardiwala and R Mahadevan emphasised the urgency of fast-tracking such cases. They also directed lower courts to complete trials within six months. “High Courts across the country are directed to call for the status of pending trials in child trafficking cases. Then directions shall be issued to complete the trial in 6 months and also conduct a day-to-day trial,” the top court stated.
Hospitals Face Licence Suspension Over Missing Newborns
Taking a firm stand on hospital accountability, the court stated that any medical institution from which a newborn is trafficked must immediately have its licence suspended.
“If any newborn is trafficked from a hospital, the first step should be to suspend the licence of such hospitals. If any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of the licence,” Justice Pardiwala said.
A petition challenging anticipatory bail
The supreme court bench was hearing a petition challenging anticipatory bail to the accused in a child trafficking case from Uttar Pradesh. The bench came down heavily on the Allahabad High Court. The bench said the bail applications were “callously” dealt with and many accused are missing now. The apex court termed it as a careless approach in granting bail.
Callous Handling of Bail Applications Criticised
“These accused pose a serious threat to society. The least required of the high court while granting bail was to impose a condition to mark attendance at a police station every week. This police lost track of all the accused persons,” it said.
Justice Pardiwala said the bench was “thoroughly disappointed” with how the Uttar Pradesh government handled the matter. “…no appeal was made… no seriousness was shown… It appears the accused was longing for a son and then got a son for 4 lakh rupees. If you desire a son, you cannot go for a trafficked child. He knew the baby was stolen,” he said.
Accused Ordered to Surrender, Trials to Be Expedited
The Supreme court directed all accused in the case to surrender immediately and be sent to judicial custody. Meanwhile the trial courts were ordered to frame charges within a week. The bench also stated that if any accused are found absconding, non-bailable warrants are to be issued against them.
“Charges shall be framed within one week. If it’s informed that some accused have absconded, the trial court will issue non-bailable warrants. Trial of those present shall go on and not be delayed,” the bench ruled.
Strict Warning to States on Implementation
Justice Pardiwala emphasised that the judgment includes detailed recommendations to curb child trafficking. It also expects state governments to implement them at the earliest.
“High Courts across the country are directed to call for the status of pending trials in child trafficking cases… Any laxity shown in implementing the directions would be taken seriously and be treated as contempt,” the court said.
Emotional Appeal to Parents
In a powerful observation, Justice Pardiwala highlighted the emotional trauma the parents of the child go through when a child is lost to trafficking. “The pain and agony a parent faces when a child dies is different from when a child is lost to gangs of trafficking… when the child dies, the child is with the Almighty, but when lost, they are at the mercy of such gangs,” he said.
According to reports, child trafficking and forced child labour thrives in India despite strict laws. Latest data confirms that around 36,000 children still remain untraceable since 2020.
