New Delhi: While criticising the Uttar Pradesh government’s handling of child trafficking cases, the Supreme Court on Tuesday laid down stringent guidelines for the prevention and expedited trial of such offences across the country.
A bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan directed that all High Courts call for the status of pending child trafficking cases from trial courts and issue directions to ensure that trials are concluded within six months.
The top court also mandated that such cases be heard on a day-to-day basis to prevent delays in justice.
The court’s strong observations came while hearing a case involving a trafficked newborn who was allegedly sold to a couple in Uttar Pradesh for Rs 4 lakh. The couple reportedly desired a male child and knowingly accepted the stolen baby.
While cancelling the anticipatory bail granted to the accused, the Supreme Court criticized the Allahabad High Court and the Uttar Pradesh police for their lax approach.
“This is a case of cancellation of anticipatory bail, but we delved into the larger issue of child trafficking,” Justice Pardiwala remarked. Referring to a 2023 study entrusted by the NHRC to the Bhartiya Institute of Development, he added, “A detailed report was submitted with several recommendations, which we have incorporated into our judgment.”
He further noted, “We were about to conclude the judgment when a Newspaper (The Times of India) published a report titled ‘Stolen at birth and sold for lakhs’. We have reproduced the entire article in our verdict.”
The bench was particularly critical of how the High Court dealt with the bail applications. “The High Court dealt with the matter callously, leading to many accused absconding.
These individuals pose a serious threat to society,” said Justice Pardiwala, adding that at the very least, the High Court should have imposed a condition requiring the accused to report to the police weekly.
Expressing his disappointment with the state’s inaction, Justice Pardiwala remarked, “We are thoroughly disappointed with how the State of Uttar Pradesh handled this. There was no appeal, and the seriousness of the issue was not reflected in the actions of the authorities. The accused clearly knew the baby was stolen and still paid Rs 4 lakh to obtain him.”
The court’s directions and remarks are expected to trigger a nationwide overhaul of how child trafficking cases are handled, both in terms of investigation and judicial proceedings.
