Supreme Court Directs Completion Of Child Trafficking Case Trials In 6 Months; Issues Directions To States On Handling Such Cases

While cancelling the bail of all accused persons allegedly involved in a large human trafficking racket of minor children, the Supreme Court today passed general directions to expedite the trial in such cases.

The Court directed all High Courts to call for necessary information on the status of pending trials relating to child trafficking and subsequently issue a circular for the completion of trial within 6 months and submit a report to the Court.  

Also, the Court has directed for the implementation of the suggestions made in the study conducted by Bharatiya Institute of Research and Development (BIRD) on human trafficking by all States and High Courts.  As per the BIRD's report, law enforcement officials should treat cases of missing children as abduction or trafficking until proven otherwise, as per the Supreme Court's directions issued in 2013.

A bench of Justices JB Pardiwala and R. Mahadevan, while criticising the Allahabad High Court for granting bail subsequent to which the accused persons refused to attend the court proceedings and the callous attitude of the State of Uttar Pradesh for not applying for the cancellation of their bail, issued following general directions.

BIRD report 

1. All the State Governments across the country are directed to look into the report of BIRD dated 12.04.2023, more particularly the recommendations, as reproduced by us in para 34 of this judgment (extracted at the end of the report).

2. All the State Governments are directed to study the entire report and start implementing each of the recommendations by working out appropriate modalities in that regard.

Directions to all High Courts 

3. We direct all the High Courts across the country to call for the necessary information as regards the status of the pending trials relating to child trafficking.

Once each of the High Courts is able to collect the necessary data as regards the status of the trials, a circular thereafter shall be issued on its administrative side to all the concerned trial courts to complete the trials within a period of six months from the date of the circular and if need be, by conducting the trials on day-to-day basis.

Each of the High Courts shall thereafter forward a report to this Court as regards the compliance of the directions contained in the circular.

4. Non-compliance of our directions or any laxity of any nature in that regard on the part of any of the authorities shall be viewed very strictly and if need be, they shall be proceeded for contempt.

The Court will hear the matter again in October 2025, for compliance.

The copies of the judgment were directed to be sent to all High Courts and State Governments including Principal Secretary, Ministry of Home Affairs and Principal Secretary, Ministry of Women and Child Development, respectively. 

BIRD report, para 34 for implementation by State Governments:

1. Law enforcement officials should treat cases of missing children as abduction or trafficking until proven otherwise as per Direction of The Supreme Court in 2013 and search for these people in every possible location. When children disappear, Law EAs should start the missing person's process, look into what happened, disseminate information, and conduct investigations, collaborating with other agencies as needed.

2. About 31 percent Parent respondents reported that their children were working in hazardous industries- metallurgical industries, coal, fertilizers, mining, chemical & petrochemicals, cement and firecracker workshops.

We recommend that provisions of The Juvenile Justice (Care and Protection) of Children Act, 2000: and The Child Labour (Prohibition and Regulation) Act, 1986: should be implemented in letter and sprits. Violators should be punished. Regular check of hazardous industries/units must be carried out by the Labour Inspectors.

3. The idea of community policing needs to be made more widely known in order for people and non-governmental organisations to get involved in policing to stop and combat the trafficking of women and children.

4. Anti-Human Trafficking units (AHTUs) are currently under resourced as well as undertrained. There is an urgent need for additional Capacity Building of AHTUs and Providing them adequate funds and infrastructure because “the police lack the means to undertake a thorough investigation if the person is trafficked from another state.

5. To address the issue and protect the rights of victims and survivors, comprehensive legislation is required due to the underreporting of human trafficking instances and gaps in other laws. For law enforcement organisations, there is a need for an extensive training and capacity-building programme on the topic of human trafficking. It should be made mandatory for AHTU or the Police to report every case of human trafficking.

6. We advise the police to use the following strategies to win the trust of victims: Assuring victims that they are not the subject of an inquiry Victims deserve to be treated with respect and decency. Employ a translator if the victims speak different languages, ensuring that the victim's identity and privacy are protected by taking all necessary precautions; Keep the accused far enough away from the victims to be safe.

Check to see if Section 228 A of the IPC and Section 21 of the JJ Act are being followed; Inform the victims of the investigation's development; Keep in mind that the victim takes all of their belongings with them. Do not take offence if traumatised victims behave inappropriately or refuse to interact. Avoid, among other things, using derogatory language or making humiliating gestures or body language.

Police officers may be able to overcome these challenges using their knowledge, skilful communication abilities, and information because it is also a question of counselling and persuasion.

7. According to public prosecutors, the primary causes for the low conviction rate include witnesses becoming hostile, inadequate evidence, a long court process, an improper charge sheet, and easy bail for traffickers.

The problem of insufficient evidence and improper charge sheet could be addressed by conducting thorough investigations into human trafficking instances. Because most witnesses and victims become hostile during prosecution, more emphasis should be placed on gathering Material Evidence, Medical Examination of Victims, Suspects, Digital Videography of Investigations & Statements of Victims and Documents Supplemented by Forensic Evidences for filling a charge sheet instead of a statement under section 161 of the Cr.P.C., as this will almost certainly increase the chances of offenders being convicted.

8. A qualified and experienced investigative agency, such as the National Investigation Agency (NIA), which has been mandated to look into interstate and international trafficking crimes, is urgently required for the proper investigation of human trafficking cases. We support the full capacity building of law enforcement and prosecuting organisations, including providing them with state-of-the-art methods and tools for obtaining information and forensic evidence, as well as witness and victim protection, which may lead to a more severe conviction.

9. Recruitment agencies, document forgers, brokers, brothel owners, debt collectors, managers and owners of employment agencies, corrupt immigration officials, consular staff, embassy staff, law enforcement officers, border guards who accept bribes in exchange for passports, visas, and safe transit, and all others who are involved by their acts of omission and commission that result in exploitation should be dealt harshly under law.

10. In order to safeguard some victims of human trafficking, prosecutors should set up child-friendly courts, as is done in Telangana and West Bengal. Most of the time, courts should employ video conferencing to hear testimony from victims who have been reintegrated or repatriated.

Since it is essential for convicting traffickers and criminals, victim and witness protection should be carefully considered. Because of poor witness protection and the drawn-out legal process, many victims were reluctant to take part in trials against their traffickers. As a result, it should be ensured that cases are routinely reviewed by superior authorities. 

11. To combat human trafficking, all states and territories should establish an Anti-Human Trafficking Bureau at the state capital level, as well as independent, non-designated Anti- Human Trafficking Units (AHTUs) at every district level, and use of Women Help Desks to monitor investigations at every police station by a Senior Officer at State Level.

Dedicated AHTUs are urgently needed because some AHTUs lacked defined mandates, were not completely focused on human trafficking, and often received requests for assistance months later, limiting the effectiveness of investigations. In a few cases, police allegedly freed alleged sex traffickers on bond right away, allowing them to focus on other crimes.

Trafficking investigations are lengthy and complex, and we believe that having full-time resources devoted to these investigations are essential for success. These officials also underscore the need to provide and use undercover assets and to establish and nurture informants and witnesses.

12. Ministry of Home Affairs should collaborate with the Ministry of Railways. The Railway Board should be asked to enlist the help of the Railway Protection Force (RPF) and the Government Railway Police (GRP) to combat human trafficking at railway stations. They should instruct GRP and RPF officials to remain watchful and alert when dealing with such instances and mandatorily report each and every case of Human trafficking.

13. Brothels ought to be shut down right away. A thorough action plan needs to be created for this project. Prostitutes and commercial sex workers need to be rehabilitated into other fields in order to improve their livelihoods. The relationship between police and owners of brothels makes things worse. This nexus has to be broken up as soon as feasible.

14. It is advised that rescue teams strictly follow rescue protocols and include a representative from the Department of Labor, representatives from the CWCs, a local non-profit, a doctor, and a female police officer or volunteer. Almost every stakeholder reported that police do not follow standard rescue protocol.

15. Enforcing the law in relation to applicable Acts like CLPRA, BLSA, IPTA, JJA, and IPC involves not only police but also many other authorities involved in the Criminal Justice System, such as executive magistrates, labour officials, CWC members, and in charges of Homes. In order to strengthen the state's investigation and prosecution apparatus in this area, the State government should create a time-bound action plan.

16. The development of all stakeholders' capacities and a regular programme of gender sensitization are absolutely necessary.

17. A First Information Report should be filed in every instance of child labour, the case should be thoroughly investigated, and the offenders should be punished. As a result, there is an urgent need to train and sensitise labour department workers on the aforementioned issue.

18. The lack of an interpreter who is fluent in the relevant local languages makes it difficult to care for children who have been trafficked from different states. As a result, professional interpreters are required in such situations. At the district level, a database of competent language interpreters should be kept and shared with law enforcement agencies, service providers, and the courts.

19. CWCs must be established in each district as soon as possible, according to available guidelines, and multiple appointment practices should be strictly prohibited to eliminate potential conflicts of interest. CWCs should include those who work in the fields of law, medicine, and psychology.

20. It is found that almost all CWCs are working in inadequate sittings, some of which are seriously inadequate. To deal with this, three different sorts of sitting venue styles are utilised by several CWCs across the nation. There are further unique sittings available, including rotating and parallel sittings. Each, however, offers a unique set of benefits and drawbacks. A mixedsitting configuration of CWC is advised as needed. 

21. The Act and the Rules do not currently provide any procedures for case management during hearings. While some CWCs successfully handle proceedings and financial flow, others seem to be struggling and using ineffective/inappropriate approaches. The necessary authorities must create a flawless attendance system, such as Aadhar Enabled Biometric Attendance, to prevent prolonged absenteeism from CWC meetings because it interferes with the evaluation of children's rights.

22. Strong action against human traffickers should be taken, including criminal penalties and the freezing of their bank accounts. The unlawful assets amassed by traffickers and other parties as a result of exploiting trafficked victims should be seized and forfeited. 

Human trafficking, particularly of minors, is a kind of modern day slavery that necessitates a holistic, multi-sectoral strategy to address the problem's complicated dimensions. Law cannot be the exclusive device for dealing with challenging social and economic issues. Given the infancy of services to trafficked people, monitoring and evaluation studies should be a part of any assistance programme, both governmental and private.

Anti trafficking legislation must be enforced properly, which necessitates educating individuals about the laws in place so that these rights are respected and upheld in practice. There are provisions for victim confidentiality, in camera trial (Section 327 CrPC), and compensation (Section 357 CrPC) in the existing laws. These provisions should be applied in relevant circumstances to protect victims' rights. In dealing with instances, the National Human Rights Commission has a larger role to play, and it must make recommendations and adopt remedial actions.