Prelims: Current events of national and international importance | Polity & Governance
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
- The Hindu | SC: Child trafficking and commercial sexual exploitation
- Ministry of External Affairs | Human Trafficking
