Do not take child trafficking lightly, gangs are active all over the country: Supreme Court

The Supreme Court urged the states and union territories not to take child trafficking lightly. Also stressed that this issue is of serious law and order concern and requires immediate action at the level of state authorities.

Justice JB Pardiwala said, “Please take this issue very seriously. Child trafficking has gone out of control. Gangs are active all over the country. If you all do not pay attention to this, the situation will go out of control. Only the state government and its Home Department can take action with full promptness in this matter.”

As a court, we can monitor, but ultimately the action will have to be taken by the state government, police and other agencies. So this is our humble request.”

The division bench of Justice JB Pardiwala and Justice KV Vishwanathan, while talking to the Home Secretaries who appeared online, said that smuggling networks are active across the country. Emphasized that the state machinery itself will have to take effective action.

Justice Vishwanathan also echoed Justice Pardiwala, saying, “This is a very serious matter. We are seeing an increase in such reports every day. Sometimes we also get reports of children being rescued. This means that this problem can be dealt with. All it takes is a strong will. This work has to be done by all of you, who are the heads of the Home Department. So please do it with all seriousness and dedication. We will continue to monitor and Necessary instructions will also be given, but ultimately you will have to implement those instructions at your level.”

The court gave a last chance to several states and union territories to comply with the directions issued in its judgment dated April 15, 2025, to combat child trafficking. The court warned that if they did not submit a report on compliance with the directions, they would be categorized as “defaulting” states. The court was monitoring compliance with the directions to take certain institutional measures to strictly enforce the law against trafficking.

The court had on April 15, 2025, canceled the bail of accused persons in a case related to child trafficking. Issued instructions applicable to the entire country to ensure time-bound investigation and trial of such crimes. The Court directed all High Courts to collect data of pending trials and issue circulars for their completion, preferably on a daily basis, within six months, and report whether the directions have been followed or not.

The court also directed all states to implement the recommendations of the Indian Institute of Research and Development (BIRD) report dated April 12, 2023. These recommendations include treating cases of missing children as human trafficking unless proven otherwise. Also included are strengthening anti-trafficking units, improving standards of investigation and ensuring the safety of victims.