Why in the News?
Recently, the Supreme Court said that hospitals will lose their licences if newborn babies go missing. It also directed High Courts to make sure all pending child trafficking case trials are finished within six months.
What did the Supreme Court warn parents about regarding child trafficking?
- Vigilance Against Child Trafficking: The Supreme Court warned parents to be “extremely vigilant” to protect their children from trafficking for purposes such as sexual exploitation, forced labour, and begging. A slight negligence or carelessness could lead to severe consequences.
- Consequences of Negligence: The court highlighted that the pain parents experience when losing a child to trafficking is different and more agonising than the loss of a child due to death. The court emphasised that negligence could lead to the lifetime agony of not knowing the whereabouts or fate of the child.
- Exploitation of Poor and Vulnerable Families: The court pointed out that traffickers often prey on families from poor sections of society, exploiting their helplessness. This issue is compounded by well-organized trafficking networks that use technology to track victims.
Why does the court believe child trafficking for forced crime is on the rise?
- Exploitation of Juvenile Justice Laws: Criminal gangs exploit the legal protection offered to minors under the Juvenile Justice (JJ) Act, using trafficked children for illegal activities like theft, drug peddling, and begging, knowing the penalties are lenient. Eg: According to NCRB 2022, over 5,000 children were apprehended for petty crimes, many suspected to be victims of trafficking and coercion by organized gangs who remain untouched by law.
- Demand-Supply Gap in Adoption System: Long waiting periods and a complex legal framework for adoption in India create a black market for child adoption, encouraging trafficking. Eg: As per Central Adoption Resource Authority (CARA), while more than 29,000 parents were registered for adoption in 2023, only 3,596 adoptions took place—leading to illegal demand and fueling child trafficking networks.
- Weak State Response and Enforcement: The court criticized state governments like Uttar Pradesh for lack of seriousness in tracking trafficking cases and failing to appeal against bail orders granted to traffickers. Eg: In the case heard, 13 accused granted bail by the Allahabad High Court absconded, and their whereabouts remained unknown for months, showing systemic gaps in enforcement.
How did the Supreme Court respond to the bail granted by the Allahabad High Court in the child trafficking case?
- Criticized the High Court’s Decision as Callous: The Supreme Court strongly condemned the Allahabad High Court’s decision to grant bail, calling it “very callous” and insensitive given the gravity of the crime. Eg: The bail allowed 13 accused in an inter-State child trafficking racket to go free, most of whom later absconded, frustrating the investigation.
- Cancelled the Bail of the Accused: The apex court revoked the bail orders and directed that the accused be taken into custody without delay. Eg: The accused included a nurse at a primary health centre in Chhattisgarh who played a key role in illegal infant sales under the guise of adoption.
- Ordered Speedy Trial: The court directed that the trial be completed within six months to ensure justice is not delayed. Eg: This was aimed at avoiding procedural delays and ensuring accountability in crimes involving vulnerable children.
What actions did the Supreme Court direct hospitals to take in cases of missing newborns?
- Ensure Complete Protection of Newborns: Hospitals must take full responsibility to safeguard infants immediately after birth, ensuring no unauthorized person can access them. Eg: If a newborn goes missing from a maternity ward, the hospital administration will be held accountable for negligence.
- Strict Monitoring and Accountability Measures: Hospitals were warned that if newborns are found trafficked, they could face suspension of license and legal action. Eg: A nurse involved in an infant trafficking racket from a Primary Health Centre in Chhattisgarh was among the accused in the case.
- Implement Protocols for Birth and Discharge: The court emphasized the need for strict procedures during childbirth and discharge, including documentation and identity verification. Eg: Hospitals must verify the identity of guardians or parents before handing over the baby, to prevent impersonation or baby-swapping.
Way forward:
- Strengthen Surveillance and Inter-agency Coordination: Establish a centralized digital monitoring system linking hospitals, child welfare committees, and law enforcement to track births, adoptions, and missing children in real time.
- Community Awareness and Legal Safeguards: Launch nationwide awareness campaigns on child trafficking risks and ensure strict enforcement of child protection laws with fast-track courts for trafficking cases.
Mains PYQ:
[UPSC 2023] Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach.” Do you agree? Give reasons for your answer.
Linkage: Child victims of trafficking are undoubtedly among the most vulnerable. This PYQ examines the nature of welfare schemes for vulnerable populations, which is relevant to the effectiveness of state interventions aimed at preventing child trafficking and rescuing victims.
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