The Supreme Court of India has issued a series of directives aimed at enhancing the mechanisms for locating missing children and addressing the issue of child trafficking nationwide. The decision follows the case of G Ganesh v. State of Tamil Nadu, where a Bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan emphasized the urgency of immediate action when a child is reported missing.
The Bench ordered that law enforcement must register first information reports (FIRs) without delay or preliminary inquiry upon receiving any information about a missing child. Furthermore, the FIRs should invoke relevant sections of the Bharatiya Nyaya Sanhita concerning the kidnapping and abduction of minors.
Justice Amanullah stated, “When there is sufficient reason to believe a case involves trafficking, it should be transferred without waiting for four months to a specialized unit that handles human trafficking, kidnapping, and abduction cases.”
The Court instructed the Ministry of Home Affairs to establish a nationwide police grid with a dedicated portal for handling human trafficking, missing children, and women cases. This directive underscores the Court’s concern about the increasing gap between reported missing children and those who are located.
The case began with a plea from G Ganesh, whose daughter disappeared from Chennai in 2011. Despite extensive investigations, the child remains missing, and the case was eventually closed as undetectable. After the Madras High Court refused to intervene, the matter was escalated to the Supreme Court, which opted to examine the broader issue of missing children and trafficking.
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Key Directions Issued by the Supreme Court
Firstly, the Court mandated that Anti-Human Trafficking Units (AHTUs) in all States must be fully operational and effective. The Bench noted with concern that many AHTUs exist only nominally and lack the authority or resources to enforce laws effectively.
Secondly, the Court emphasized the immediate restoration of recovered children to their families unless the guardians are implicated in the trafficking. It also directed that Aadhaar verification should be completed for each rescued child to aid in their identification and return.
The Court called for the integration of the proposed trafficking portal with the Crime and Criminal Tracking Network and Systems (CCTNS) and Mission Vatsalya to enhance data sharing and coordination.
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Furthermore, the appointment of competent and committed nodal officers in every State was highlighted as essential. These officers are expected to engage actively and not delegate their responsibilities frivolously.
The Bench underscored the necessity for all relevant agencies, including District Legal Services Authorities, to cooperate fully in resolving cases of missing children and trafficking.
The Supreme Court has scheduled further hearings on the matter for August, demonstrating its continued commitment to addressing this critical issue. The directives aim to bridge systemic gaps and ensure that cases of missing children and trafficking receive swift and efficient attention.
