SC’s view on Child Trafficking

Why in news?

The Supreme Court of India declared that child trafficking and commercial sexual exploitation remain a “deeply disturbing reality” in India, despite protective laws.

Key Judicial Guidelines Issued

• Victim Status – A minor victim of trafficking should be treated as an "injured witness" rather than an accomplice.
• Victim credibility – Testimonies of trafficked children should not be disbelieved for minor contradictions; they must be seen as credible evidence.
• Judicial sensitivity – Lower courts were told not to reject victim testimonies just because of small mistakes, late reporting, or hesitation, since trauma and stigma often affect how victims speak.
• Socio-Economic Awareness – The Courts must consider victims’ social and economic vulnerability, as traffickers exploit marginalised groups.
• Organised Crime Recognition – Trafficking networks use complex, layered structures to recruit, transport, harbour, and exploit minors - making it hard for victims to give a clear, step-by-step account.
• Constitutional rights – The exploitation of children strikes at the foundations of dignity, bodily integrity, and constitutional guarantees.

Child Protection Laws: Trafficking & Exploitation

Constitutional Safeguards

• Article 23 – Prohibits trafficking in human beings and forced labour.
• Article 24 – Bans child labour in hazardous industries.
• Article 39(e) & (f) – Directs the State to protect children from abuse and exploitation.
• Article 21 – Guarantees the right to life and dignity, interpreted to include protection from trafficking and sexual exploitation.

Statutory Provisions

• Indian Penal Code (IPC), 1860
• Immoral Traffic (Prevention) Act, 1956
• Bonded Labour System (Abolition) Act, 1976
• The Child Labour (Prohibition and Regulation) Act, 1986
• Protection of Children from Sexual Offences (POCSO) Act, 2012
• The Juvenile Justice (Care and Protection of Children) Act, 2015

National Crime Records Bureau (NCRB), 2022 - 2,878 children were victims of human trafficking, and 83,350 children were reported missing in 2022.

International Commitments

• UN Convention on the Rights of the Child (CRC) – ratified by India.
• Palermo Protocol (2000) – obliges states to combat trafficking.
• ILO Conventions – on the worst forms of child labour and forced labour.

References

1. The Hindu | SC: Child trafficking and commercial sexual exploitation
2. Ministry of External Affairs | Human Trafficking