Supreme Court Slams UP Authorities, Issues Strong Guidelines to Combat Child Trafficking
In a powerful ruling to clamp down on child trafficking, the Supreme Court on Tuesday came down heavily on the Uttar Pradesh government and the Allahabad High Court for their careless handling of a case involving the trafficking of a newborn. The Court not only cancelled the anticipatory bail granted to the accused but also laid down sweeping directions to ensure swift investigation and prosecution of child trafficking cases — mandating their conclusion within six months.
A Bench comprising Justices J.B. Pardiwala and R. Mahadevan expressed deep anguish over the way the case was dealt with, ordering that all accused must surrender immediately and be sent to judicial custody. Further, the Sessions Court was directed to frame charges within a week of receiving the case.
"Casual approach led to absconding accused"
Blasting the Allahabad High Court, the Supreme Court observed that the bail hearings were handled "callously", which resulted in the accused going underground. The judges pointed out that no safeguards, such as reporting to local police, were put in place. "These accused pose a grave threat to society," the Court warned.
The Uttar Pradesh government's inaction also drew severe criticism. "We are thoroughly disappointed with how the State of UP handled the matter. No appeal was filed, no seriousness was shown," the Bench remarked.
Hospitals under the scanner
In a significant move, the Court ruled that if a newborn is trafficked from a hospital, the hospital’s license must be immediately suspended. "If a woman delivers in a hospital and the baby is stolen, the institution must face consequences," the Court said, aiming to deter complicity at the institutional level.
Nationwide reforms and strict monitoring
To tackle the menace across the country, the Court issued binding guidelines:
All High Courts must seek updates on pending child trafficking trials and ensure their completion within six months.
Day-to-day hearings must be conducted in such cases.
Any delay or failure to follow these directions will amount to contempt of court.
The CJM and Additional CJM, Varanasi, must commit the present case to the Sessions Court within two weeks.
The UP government must appoint three Special Public Prosecutors for the case.
Police protection must be provided to all witnesses.
Victims must receive compensation under the BNSS and UP law, and be enrolled in schools under the Right to Education Act.
“A child is not a commodity”
The Court took serious note of the facts, observing that the accused knowingly bought a trafficked baby boy for Rs. 4 lakh. "If you desire a son, that does not justify buying a stolen child," the Bench said sternly.
TOI report prompts suo motu action
Taking suo motu cognisance of a Times of India report on trafficking gangs, the Court has asked police to file a report on actions taken to curb such rackets, especially those operating in and around Delhi.
The case will be heard again on April 21, 2025.
This ruling sends a strong message: child trafficking will not be tolerated, and both state authorities and the judiciary must act with urgency and accountability.
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