The Supreme Court Today (April 15) harshly criticized Uttar Pradesh for its careless handling of a major child trafficking case. Justice Pardiwala exposed shocking details, including newborns stolen from hospitals and sold for money.
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NEW DELHI: The Supreme Court of India today strongly criticized the Uttar Pradesh government for the way it handled a very serious issue of child trafficking.
The case was heard by a bench including Hon’ble Mr. Justice J.B. Pardiwala and Hon’ble Mr. Justice R. Mahadevan.
The Supreme Court of India has given strict directions to all States and High Courts to stop child trafficking and ensure fast trials in such serious cases.
Top Court said that special steps must be taken across the country to fight child trafficking effectively.
The Court gave this order while hearing anticipatory bail requests from people accused in a child trafficking case in Uttar Pradesh.
The judges were not happy with how the case was handled by the authorities and made it clear that both the Uttar Pradesh government and the Allahabad High Court failed in their responsibilities.
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Justice JB Pardiwala said,
“This case was mainly about cancelling anticipatory bail, but we also looked into the issue of child trafficking. In 2023, the National Human Rights Commission (NHRC) had asked the Bhartiya Institute of Development to study child trafficking, and a detailed report with recommendations was submitted. We included those recommendations in our judgment. Just when we were about to finish writing the judgment, a report in Times of India said that babies were being stolen at birth and sold for large amounts of money. We have included that full news article in our judgment.”
He further added that the High Court did not handle the bail applications properly, which caused big problems.
Justice JB Pardiwala stated,
“The High Court handled the bail applications carelessly, which allowed many accused persons to run away. These individuals are now a serious danger to society. At the very least, the High Court should have put a condition in the bail order requiring the accused to visit the police station every week. Because this condition was not set, the police have lost track of all the accused.”
The Supreme Court clearly expressed its disappointment with the state government’s actions. Justice JB Pardiwala said,
“We are very disappointed with how the State of Uttar Pradesh handled this case. There was no appeal filed, and the authorities did not act seriously at all.”
While talking about the main accused and the child trafficking racket, Justice JB Pardiwala explained,
“It seems the accused wanted to have a son, and after getting one, he also received Rs 4 lakhs. But if someone wants a child, they cannot take a trafficked baby. The accused clearly knew the baby was stolen. Manish Jain is the main person behind this trafficking racket. He, along with two others, was involved in trafficking minor children. We have also discussed the roles of Jagdish Baranwal and Anuradha Devi in this case.”
The court ordered strict action and made it clear that the accused must be brought to justice.
Justice JB Pardiwala declared,
“The appeals are allowed. All the accused must surrender, and they will be sent to jail. We instruct the Chief Judicial Magistrate (CJM) of Varanasi and the Additional Chief Judicial Magistrate (ACJM) of Varanasi to transfer the cases to the sessions court within two weeks. The charges should be set within one week. If any accused are found to have escaped, the trial court should issue arrest warrants. The trial will continue for those present without any delay.”
He also gave directions on how the legal process must go forward quickly and efficiently. Justice JB Pardiwala said,
“After the charge is framed, the court should start recording evidence, preferably within a week. The state will appoint three special public prosecutors, and the witnesses will be given police protection. We order that trafficked children should be admitted to school under the Right to Education (RTE) Act and continue their education. The trial court will also decide on compensation according to the BNSS and UP state laws.”
He further directed that not just Uttar Pradesh, but all state governments in India must take strong steps based on this case.
Justice JB Pardiwala said,
“All state governments must review our detailed recommendations and study the report submitted by the Bhartiya Institute, and implement it as soon as possible. High Courts across the country are instructed to check the status of pending trials in child trafficking cases. Directions will be given to complete these trials within 6 months and conduct them on a day-to-day basis. Any failure to follow these instructions will be taken seriously and treated as contempt of court.”
He also made it clear that the final decision about guilt or innocence will only come from the evidence, and not based on the court’s comments.
Justice JB Pardiwala noted,
“The accused’s guilt or innocence will be determined solely by the evidence presented in the trial, and not by any remarks made by this court.”
While referring again to the news article that came out in April, Justice JB Pardiwala added,
“We have also noticed the report from the Times of India on April 21 and have instructed the police officer handling the case to give an update on the situation and the actions being taken to deal with gangs operating inside and outside Delhi. As parents, you must stay alert about your child’s safety. The pain and suffering a parent experiences when a child dies is different from when a child is taken by trafficking gangs. When a child dies, they are with God, but when they are lost, they are at the mercy of these gangs.”
He gave a strong message to hospitals too. If a newborn baby is stolen from a hospital, action must be taken immediately.
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“State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest. High Courts across the country are directed to call for status of pending trial in child trafficking cases. Then directions shall be issued to complete trial in 6 months and also conduct day to day trial,”
-the Court ordered.
The Court warned that if these rules are not followed properly, it would be treated as a serious matter.
“Any laxity showing to implement the directions would be taken seriously and be treated as contempt of court,”
-the Bench added.
The Court also gave a very strong message regarding hospitals where newborns are stolen.
“If any new born is trafficked from a hospital, the first step should be suspend the license of such hospitals. if any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license,”
-the Court ordered.
While speaking about the way the Allahabad High Court granted bail, the Bench said it was done in a very careless way.
“The High Court dealt with bail applications callously and it led to many accused to abscond. These accused pose serious threat to society. Least which was required from High Court while granting bail was to impose a condition to mark presence in police station every week. The police lost track of all accused persons,”
-the Court opined.
CASE TITLE:
PINKI v. STATE OF UTTAR PRADESH AND ANR
CRIMINAL APPEAL NO. 1927 OF 2025
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