The Supreme Court of India delivered a strong condemnation of the Uttar Pradesh government's handling of a child trafficking case, stating that their approach was "callous and disappointing." The case involved the trafficking of a stolen newborn who was handed over to a desperate couple for a sum of Rs 4 lakh. In the wake of this, the Court issued a series of stringent directives aimed at tackling the growing issue of child trafficking in the country.

Court's Criticism of UP Government and Allahabad High Court

The Supreme Court Bench, consisting of Justices JB Pardiwala and R Mahadevan, expressed grave concern over the handling of the case by both the Uttar Pradesh government and the Allahabad High Court. The Court pointed out that the High Court had granted bail to the accused without imposing adequate conditions, leading to multiple absconders. The Bench specifically criticized the fact that the Allahabad High Court failed to make bail conditions such as requiring the accused to attend a police station weekly, which could have helped prevent further lapses.

The Supreme Court's remarks were sharp: "The bail applications were dealt with in a callous manner," referring to the lack of serious attention from the lower court. The Court also expressed disappointment with the UP government for failing to act with seriousness on this case, as no appeal was filed despite the severity of the situation.

Stringent Measures to Combat Child Trafficking

In an effort to prevent similar incidents, the Supreme Court ordered the immediate suspension of the licenses of hospitals found to be involved in child trafficking. It was stressed that if a newborn is trafficked from a hospital, the first action should be the immediate cancellation of the hospital’s operating license. This measure, the Court believes, will serve as a powerful deterrent for those engaging in child trafficking.

The Court also directed that all accused in the current case should surrender and be taken into judicial custody, with charges to be framed within a week. If any accused have absconded, the trial court was instructed to issue non-bailable warrants. The Court emphasized that the trial of the accused who are present must proceed without delay to ensure swift justice.

The Supreme Court further mandated that trials related to child trafficking across India must be completed within six months, with hearings taking place on a day-to-day basis. To ensure the timely resolution of these cases, the High Courts have been tasked with monitoring the status of these trials and issuing necessary directions to expedite the process.

Protection and Rehabilitation for Trafficked Children

Apart from the legal measures, the Supreme Court took a humanitarian approach by focusing on the rehabilitation of trafficked children. The Court directed that trafficked children be enrolled in schools under the Right to Education Act to ensure that their education continues without disruption. This intervention aims to provide these children with the opportunity for a better future, despite their traumatic experiences.

Additionally, the Court also directed the Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrate (ACJM) in Varanasi to commit the cases to a sessions court within two weeks and to start framing charges within one week. Furthermore, three special public prosecutors were appointed to handle the case, and police protection was ordered for all witnesses to ensure their safety.

Addressing the Larger Issue of Child Trafficking in India

This case is not an isolated incident. According to the National Crime Records Bureau (NCRB), India recorded 2,250 child trafficking cases in 2022, with Telangana, Maharashtra, and Bihar reporting the highest numbers. To address this ongoing issue, the Supreme Court also took suo motu cognisance of a media report on child trafficking gangs and instructed the investigating officer to submit a status report on measures taken to dismantle these networks, especially in and around Delhi.

Court's Determination to Dismantle Trafficking Networks

The Supreme Court's intervention signals a strong stance against child trafficking, with its stringent directives to authorities at all levels to ensure justice is delivered quickly and to hold accountable those responsible for trafficking children. The Court also underscored the emotional trauma caused to parents who lose their children to such crimes, stating, "The pain of losing a child to trafficking is different from the grief of death. When a child dies, they are with the Almighty. But when trafficked, they are at the mercy of criminal gangs."

The Court's order was clear—any delay or laxity in implementing its directives will be treated as contempt of court. This sends a strong message to the authorities that the Supreme Court will not tolerate negligence in such matters.

Conclusion: A Hope for Change

With its bold directives, the Supreme Court of India has paved the way for more stringent laws and faster legal proceedings in cases related to child trafficking. These measures will undoubtedly have a significant impact on both deterring child trafficking and providing justice to the victims. The next hearing is scheduled for April 21, where the Court will further review the progress made by authorities in addressing this grave issue.

As India continues to battle the menace of child trafficking, the Supreme Court’s leadership in ensuring justice for these vulnerable victims offers hope for a safer and more secure future for the children of the nation.

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