Today, On 11th August, Supreme Court directed the Delhi government to “submit a detailed report explaining how bail was granted and how the state opposed it” in cases linked to a large-scale interstate child trafficking racket involving kidnapped children sold across several states.
New Delhi: The Supreme Court heard a petition which claimed that there is a large-scale interstate child trafficking racket operating across the country.
The bench comprised Justices J.B. Pardiwala and R. Mahadevan.
According to the petition, several accused persons have kidnapped children and sold them to childless couples in different states, including Uttar Pradesh, Rajasthan, Bihar, and Jharkhand.
During the hearing, Senior Advocate Aparna Bhat informed the Court that in a number of earlier disposed of child trafficking cases, the Court had already taken note of the seriousness of such crimes in Delhi and had even issued notice to the state government.
Justice J.B. Pardiwala, while hearing the matter, directed the Delhi government to “submit a detailed report explaining how bail was granted in such cases and also how the state opposed it.”
The judge further warned that the Court may take “possible suo motu action” against such bail orders if necessary.
The Court observed that in some cases of child trafficking, the accused persons were released by lower courts. It asked for copies of those bail orders to be placed before it. The bench also sought a report from the Union government on the measures it has taken to control the problem of rampant child trafficking in Delhi.
It was directed that the Union’s report must also be provided to the Amicus Curiae in the case, Senior Advocate Aparna Bhat.
The Court has fixed the next hearing for August 18, 2025, stating that,
“The matter will be taken up at the top of the board.”
Child trafficking is the illegal act of buying, selling, or transporting children, often for exploitation, forced labour, illegal adoption, or other criminal purposes. It is considered one of the most serious crimes under Indian law and international human rights standards.
In India, child trafficking is prohibited under several laws, with strong criminal penalties. The key legal provisions are:
- Section 370 & 370A of the Indian Penal Code (IPC) – Define and punish trafficking of persons, including children, with imprisonment of up to life depending on the gravity of the offence.
- Section 372 & 373 IPC – Punish selling or buying of minors for prostitution or any illegal purpose.
- Immoral Traffic (Prevention) Act, 1956 (ITPA) – Specifically targets trafficking for commercial sexual exploitation.
- Protection of Children from Sexual Offences Act, 2012 (POCSO) – Provides special provisions for sexual offences against children, including trafficking for sexual purposes.
- Bonded Labour System (Abolition) Act, 1976 – Covers cases where children are trafficked for forced or bonded labour.
- Juvenile Justice (Care and Protection of Children) Act, 2015 – Penalises illegal adoption and trafficking of children.
- Prohibition of Child Marriage Act, 2006 – Addresses trafficking linked to child marriage.
- The Children (Pledging of Labour) Act, 1933 – Prohibits making agreements to employ children in certain labour situations.
Case Title: Pinky Vs State of UP
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