Tackling Child Trafficking in India – Legal Framework and Institutional Response

Child Trafficking Latest News

• India’s response to child trafficking has come under focus following recent judicial directions and data highlighting low conviction rates despite large-scale child rescues. 

Understanding Child Trafficking in India

• Child trafficking remains a persistent and grave violation of human rights in India. 
• It involves the recruitment, transportation, harbouring or receipt of children for purposes of exploitation, including forced labour, sexual exploitation, slavery, servitude, or organ removal. 
• Despite extensive constitutional and statutory safeguards, trafficking networks continue to operate due to socio-economic vulnerabilities and weak enforcement outcomes.
• Official data indicate that thousands of children are rescued every year, yet convictions remain disproportionately low, exposing gaps between law, enforcement, and justice delivery. 

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International and Domestic Legal Definitions

• At the international level, child trafficking is defined under the Palermo Protocol (2000), which treats any movement or exploitation of a child for exploitative purposes as trafficking, irrespective of consent. 
• This principle has been incorporated into India’s domestic legal framework.
• Under the Bharatiya Nyaya Sanhita (BNS), 2023, trafficking is defined broadly to include recruitment, transportation or harbouring through coercion, deception, abuse of power, or inducement for exploitation. 
• The law recognises multiple forms of exploitation, including physical, sexual, economic, and organ trafficking, ensuring a comprehensive scope. 

Constitutional Protection of Children

• The Constitution of India provides a strong foundation for protecting children against exploitation. 
• Article 23 prohibits human trafficking and forced labour, while Article 24 bans employment of children in hazardous industries. 
• Additionally, Article 39(e) and (f) directs the State to ensure that children are protected from abuse and are provided conditions of freedom, dignity, and healthy development.
• These constitutional principles impose a positive obligation on the State to prevent exploitation and address the structural conditions that enable trafficking. 

Key Legislations Addressing Child Trafficking

• India has enacted multiple sector-specific laws to address different dimensions of child trafficking:
  • Bharatiya Nyaya Sanhita, 2023: Criminalises trafficking and the buying and selling of minors.
  • Immoral Traffic (Prevention) Act, 1956: Targets trafficking for sexual exploitation.
  • Juvenile Justice (Care and Protection of Children) Act, 2015: Focuses on care, rehabilitation, and reintegration of trafficked children.
  • Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides stringent punishments for sexual offences against children, including life imprisonment and death penalty in extreme cases.
• The POCSO Act is notable for being gender-neutral and for enabling fast-track courts to ensure speedy trials. 

Judicial Interventions and Supreme Court Guidelines

• The judiciary has played a critical role in shaping India’s anti-trafficking response. In landmark judgments, the Supreme Court has recognised trafficking as a violation of the fundamental right to life and dignity.
• Cases such as Vishal Jeet v. Union of India, M.C. Mehta v. State of Tamil Nadu, and Bachpan Bachao Andolan v. Union of India established preventive, rehabilitative, and regulatory principles. 
• More recently, the Court has issued strict guidelines emphasising victim-centric approaches, accountability of authorities, and coordinated enforcement. 

Structural Challenges in Tackling Child Trafficking

• Despite a robust legal framework, several challenges persist:
  • Low conviction rates, which weaken deterrence
  • Socio-economic vulnerabilities such as poverty, migration, disasters, and family breakdown
  • Misuse of digital platforms for recruitment under the guise of jobs or opportunities
  • Fragmented enforcement, due to trafficking networks operating across State boundaries
• Law and order, being a State subject, further complicates coordinated action, making Centre-State cooperation essential. 

Way Forward: Strengthening India’s Anti-Trafficking Response

• A multi-dimensional strategy is required to tackle child trafficking effectively. 
• This includes improving investigation quality, strengthening rehabilitation mechanisms, enhancing digital surveillance, and ensuring faster trials. 
• Most importantly, conviction rates must improve to establish credible deterrence.
• Equally critical is addressing root causes through social protection, education, livelihood support, and awareness programmes. 
• A strong institutional partnership between the Union and States is indispensable for disrupting trafficking networks operating across jurisdictions.

Source: TH