Paper: GS – I/II, Subject: Society and Social Justice, Topic: Welfare schemes, mechanisms, laws and institutions related to children, Issue: Combating Child Trafficking in India.
Context:
Child trafficking remains a grave human rights challenge in India despite constitutional guarantees and a robust legal framework. The issue recently gained attention after the Supreme Court’s directions in K.P. Kiran vs State of Karnataka, which issued guidelines to prevent trafficking and reaffirmed the State’s duty to protect children’s right to life and dignity under Article 21.
Key Takeaways:
What is Child Trafficking?
Child trafficking is a grave violation of human rights, robbing children of their innocence, freedom, and future.
- The Palermo Protocol: (The United Nations Protocol) India is a signatory to the Palermo Protocol (2000), which defines trafficking as recruitment, transportation, transfer, harbouring, or receipt of persons through coercion, fraud, abuse of power, or inducement for exploitation.
- Bharatiya Nyaya Sanhita (BNS), 2023 defines trafficking under Section 143, expanding the scope to include sexual exploitation, forced labour, slavery, servitude, and organ removal.
Key Points:
- NCRB (2022): Around 3,098 children below 18 years were rescued from trafficking-related crimes.
- Conviction rates for trafficking offences remain low (around 4–5% between 2018–2022).
- Over 400 fast-track courts have been set up across India for POCSO cases to ensure speedy justice.
Constitutional and Legal Framework:
- Articles 23 and 24 prohibit human trafficking, forced labour, and child labour in hazardous occupations.
- Article 39(e) & (f) mandate protection of children from abuse and exploitation.
- POCSO Act, 2012 provides a child-friendly legal mechanism to address sexual offences against children.
- Juvenile Justice (Care and Protection of Children) Act, 2015 focuses on care, protection, rehabilitation, and reintegration.
- Immoral Traffic (Prevention) Act, 1956 addresses trafficking for sexual exploitation.
The Supreme Court of India has also played a crucial role through various landmark judgments:
- Vishal Jeet versus Union of India (1990
- M. C. Mehta versus State of Tamil Nadu (1996
- Bachpan Bachao Andolan versus Union of India (2011
- K. P. Kiran Kumar versus State: Gave strict guidelines to prevent such offences, and held that trafficking grossly violates children’s fundamental right to life as guaranteed by the Constitution.
Issues/Challenges:
- Socio-economic vulnerabilities: Poverty, migration, lack of education, and family disintegration increase susceptibility.
- Weak enforcement: Poor investigation quality, delayed charge sheets, and lack of inter-state coordination.
- Low conviction rates: Due to witness hostility, poor evidence collection, and lack of victim support.
- Digital trafficking: Social media platforms are increasingly used for grooming and false job offers.
- Rehabilitation gaps: Limited focus on long-term psychological care, education, and livelihood support.
By implementing these measures, India can make significant strides in combating child trafficking and ensuring a safe and secure future for its children.
Source: (The Hindu)
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