The Supreme Court of India has ruled that its directive requiring police to immediately register First Information Reports in missing persons cases applies universally to every individual, regardless of age or gender. Warning against misinterpretations by state authorities, the top court stated that any failure to strictly enforce the ruling would lead to direct contempt action against senior officials.
A bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan issued formal contempt notices to the Chief Secretaries and Directors General of Police of states and Union Territories that failed to implement previous instructions or submit compliance affidavits. The bench ordered these top officials to appear in person on October 5 to show cause why they should not be penalized for deliberate non-compliance.
Rejection Of State Interpretations
The order followed the court’s strong disapproval of arguments raised by certain state governments alleging that earlier directives applied solely to missing children rather than adults. Rejecting these claims, the bench clarified that the legal definition of a person in its orders is clear and covers all individuals. The court characterized attempts to restrict the scope of the directive as an effort to avoid compliance with judicial orders.
Directions For Police And Portal Setup
Under the guidelines, police stations across the country are required to register an FIR immediately upon receiving information about any missing individual, without conducting preliminary inquiries or placing the burden on relatives. The FIRs must mandatorily incorporate relevant kidnapping and human trafficking provisions under the Bharatiya Nyaya Sanhita, 2023. In cases involving missing children, law enforcement must treat the matter as a presumed abduction from the outset to prevent delays in investigation.
To support enforcement, the Ministry of Home Affairs was directed to establish an integrated nationwide digital grid connecting all police stations through a dedicated platform focused on human trafficking and missing women and children. The court also ordered that anti-human trafficking units across all jurisdictions be made fully functional.
Biometric Verification And Rescue Protocols
The apex court established specific guidelines for post-rescue procedures, ordering that recovered individuals undergo Aadhaar biometric verification or card creation to formalize identification. Traced children must be reunited with their families within 24 hours, provided there is no evidence suggesting family involvement in exploitation or trafficking.
Case Background
The recent order reinforces directives issued by the apex court on May 22, when it expressed concern over the involvement of organized inter-state syndicates in human trafficking and noted that 47,000 children remained untraced across India.
The matter originated from a petition filed by G. Ganesh before the Madras High Court following the disappearance of his daughter from Chennai on September 19, 2011.
