Child trafficking remains one of the most brutal and hidden forms of modern slavery, striking at the core of human dignity and constitutional morality. In a recent judgment delivered on December 19, the Supreme Court of India issued a stark warning about the persistence of organised child sexual exploitation in India, calling it a “deeply disturbing reality” that continues despite the presence of multiple protective laws. The ruling underscores the urgent need to rethink enforcement, victim-centric justice, and prevention strategies.
The case that prompted the Court’s intervention
The judgment arose from a case involving a minor who was forcibly trafficked and sexually exploited by an organised gang in Bengaluru. Upholding the conviction of the accused under the , the Court emphasised that such crimes strike at the foundations of dignity, bodily integrity, and the State’s constitutional obligation to protect children from exploitation.
A Bench comprising Justices Manoj Misra and Joymalya Bagchi highlighted that child trafficking is rarely an isolated crime. Instead, it is sustained by layered networks that recruit, transport, harbour, and exploit minors across regions, often operating with impunity.
How courts must treat the testimony of child victims
A central contribution of the judgment lies in its clear guidance on evaluating evidence in child trafficking cases. The Court cautioned against expecting precision and consistency from traumatised child victims. It recognised that minors may not be able to recount events with clarity due to fear, psychological trauma, or prolonged exploitation.
Crucially, the Bench clarified that a victim of sex trafficking — particularly a child — is not an accomplice. Her testimony must be treated with the same seriousness as that of an injured witness. Minor inconsistencies, the Court held, cannot be grounds for disbelief. This approach marks a shift from procedural rigidity towards trauma-informed justice.
The wider failure of enforcement and convictions
While India has stringent laws on paper, implementation remains weak. Data shared by the in Parliament show that between 2018 and 2022, India recorded 10,659 cases of human trafficking. Yet, the conviction rate during this period stood at a mere 4.8%.
This gap between arrests and convictions points to systemic issues — poor investigation, lack of specialised prosecutors, weak witness protection, and the intimidation of victims. Organised trafficking networks exploit these institutional weaknesses to continue operations with minimal risk.
Beyond rescue: the missing rehabilitation framework
The judgment also brings attention to what happens after rescue. Rehabilitation of trafficked children remains fragmented and inadequate. Monetary compensation alone cannot address the long-term physical, psychological, and social damage caused by trafficking. Survivors need sustained access to education, mental health care, skill training, and community reintegration.
Without robust rehabilitation, rescued children remain vulnerable to re-trafficking, pushing them back into the same cycles of exploitation the law seeks to break.
Prevention as the first line of defence
The Court’s observations implicitly reinforce the idea that prevention must precede prosecution. Ensuring that children remain in school till the age of 14, as envisaged under the Right to Education framework, is one of the most effective safeguards against trafficking and forced labour. Schools act not just as learning spaces but as protective institutions that reduce vulnerability.
At the same time, anti-trafficking units need greater autonomy, resources, and coordination across States. The absence of a comprehensive anti-trafficking law continues to limit a unified national response.
Trafficking in the digital age
The rise of digital platforms has transformed trafficking into a shape-shifting crime. Recruitment and grooming increasingly occur online, cutting across borders and jurisdictions. This demands new capacities — cyber monitoring, inter-agency coordination, and digital literacy for law enforcement and communities alike. Traditional policing methods alone are no longer sufficient.
What to note for Prelims?
- Child trafficking is treated as a serious offence under the Immoral Traffic (Prevention) Act.
- Victim testimony of trafficked minors is not to be treated as that of an accomplice.
- India recorded over 10,600 trafficking cases between 2018 and 2022.
- Conviction rate in trafficking cases remains below 5%.
What to note for Mains?
- Discuss the challenges in prosecuting organised child trafficking networks in India.
- Analyse the Supreme Court’s victim-centric approach to evidence in trafficking cases.
- Examine gaps between legal provisions and on-ground enforcement.
- Evaluate the role of education and prevention in combating child trafficking.
