In a landmark order aimed at curbing the menace of child trafficking, the Supreme Court on Tuesday strongly criticised the Uttar Pradesh government and the Allahabad High Court for their lax approach in handling a case involving the trafficking of a newborn. The Court laid down sweeping guidelines for the expeditious trial and prosecution of such offences, directing that all child trafficking cases be concluded within six months.
A Bench comprising Justices J.B. Pardiwala and R. Mahadevan, while cancelling the anticipatory bail granted to the accused by the Allahabad High Court, expressed serious concern over the State and judicial machinery’s failure in effectively handling the case. The Court directed that “all accused shall surrender and be sent to judicial custody”, and mandated that charges be framed within one week of committal to the Sessions Court.
Criticism of High Court and State Authorities
“The High Court dealt with bail applications callously and it led to many accused to abscond. These accused pose serious threat to society,” the Court observed. It added that the High Court should have at least imposed conditions requiring the accused to mark their presence at the local police station. “The police lost track of all accused persons,” the Court noted.
As for the Uttar Pradesh government, the Court stated:
“We are thoroughly disappointed how State of UP handled this and why no appeal was made. No seriousness was showing worth the name.”
Hospital Licence to Be Suspended in Cases of Newborn Trafficking
In a major directive aimed at deterring hospital-level complicity in trafficking, the Court ruled that in cases where newborns are stolen from hospitals, “the first step should be suspension of the license of such hospitals.” The Bench stressed that if a woman delivers a child in a hospital and the baby is stolen, the hospital’s license must be immediately suspended.
Nationwide Guidelines and Monitoring of Trials
The Supreme Court issued a set of binding directions to ensure timely trial in such sensitive cases:
- High Courts across India are to call for the status of all pending child trafficking trials and issue directions to ensure completion within six months.
- Day-to-day trial shall be conducted in all such cases.
- Any failure in implementing these directives would be treated as contempt of court.
- The Chief Judicial Magistrate (CJM) and Additional CJM, Varanasi, have been directed to commit the case to the Sessions Court within two weeks.
- Three Special Public Prosecutors to be appointed by the State for the trial.
- Police protection shall be provided to all witnesses.
- Compensation is to be awarded to the trafficked children under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and relevant UP State law.
- The trafficked children shall be enrolled in school under the Right to Education Act and must continue receiving education.
Child Sold for ₹4 Lakh
The Court took serious note of the facts of the case, observing that the accused procured a trafficked male child for ₹4 lakh. “If you desire a son… you cannot go for a trafficked child. He knew that the baby was stolen,” the Court stated.
TOI Report Leads to Further Action
The Supreme Court also took suo motu cognisance of a news report published in The Times of India concerning child trafficking gangs. It directed the concerned police officer to submit a report on steps taken to address these rackets operating both within and outside Delhi.
The matter is scheduled to be heard again on April 21, 2025.
