SC orders child trafficking cases be tried within 6 months

New Delhi: The Supreme Court on Tuesday directed all high courts to call for information on the status of pending child trafficking trials and issue a circular to ensure their completion within six months. The High Courts have also been asked to submit a report to the apex court.

Issuing the directions, a division bench comprising justices JB Pardiwala and R Mahadevan said any laxity in implementing the directions would be treated seriously and amount to contempt of court.

"High Courts across the country are directed to call for the status of pending trials in child trafficking cases. Thereafter, directions shall be issued to complete the trial within six months and also conduct the proceedings on a day-to-day basis," the bench ordered.


The court further observed that if a newborn is stolen from a hospital, the first step should be to suspend the licence of the hospital concerned.

"If any newborn is trafficked from a hospital, the first step should be to suspend the licence 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 licence," it said.

The remarks were made during the resumed hearing of anticipatory bail pleas filed by accused persons in a child trafficking case from Uttar Pradesh. The court pulled up both the Allahabad High Court and the Uttar Pradesh government for their handling of the case.

"The high court dealt with bail applications callously and this led to many of the accused absconding. These accused pose a serious threat to society. The least that was required while granting bail was to impose a condition that the accused mark their presence at the police station every week. The police lost track of all accused persons," the court said.

The bench noted that "no seriousness" was shown by the state government, and said it was "thoroughly disappointed with how the state of Uttar Pradesh handled this and why no appeal was made". The case involved a stolen baby being delivered to a couple who were desirous of a son.

The bail granted to the accused was cancelled, and the bench directed them to surrender. It asked the Chief Judicial Magistrate, Varanasi, to commit the cases to the court of sessions within two weeks. Charges are to be framed within one week.

The court also directed that once charges are framed, the trial should proceed to recording of evidence preferably within a week. It ordered the appointment of three special public prosecutors, police protection for witnesses, and admission of trafficked children in school under the Right to Education Act. The trial court has also been asked to pass orders on compensation under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and relevant Uttar Pradesh laws.