In a significant ruling aimed at curbing rampant organized inter-state child trafficking rackets and ensuring effective handling of related cases by State authorities, the Supreme Court has issued a comprehensive set of directions to be complied with.

All High Courts in the country are instructed to mandate lower courts to conclude trials in child trafficking cases within six months. Any failure to implement these directions would be treated seriously and may amount to contempt of court.

A Bench of Justices JB Pardiwala and R Mahadevan ruled that, “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”.

Significantly, the Court also addressed the issue of newborns being trafficked from hospitals, declaring that the immediate response in such cases should be to cancel the license of the involved hospital.

“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.

These directions were passed while hearing anticipatory bail applications related to child trafficking cases in Uttar Pradesh. The Supreme Court strongly criticized the Allahabad High Court and the Uttar Pradesh government for their handling of the case. Stated the Bench, “We are thoroughly disappointed how State of UP handled this’’.

The Apex court was equally dismayed by Allahabad High Court’s handling of such matters and observed that , “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 stated.

Commenting on the State’s inaction, the Bench added:

“We are thoroughly disappointed how State of UP handled this and why no appeal was made. No seriousness was showing worth the name.”

The court’s critical observations came in response to a case of a stolen infant who was handed over to a couple seeking a male child.

“It appears the accused was longing for a son and then got a son for ₹4 lakh. If you desire a son.. you cannot go for a trafficked child. He knew that the baby was stolen,” the Court observed.

In response, the Court cancelled the anticipatory bail granted to the accused.

“All accused directed to surrender and they shall be sent to judicial custody. We direct CJM Varanasi and ACJM Varanasi to commit the cases to court of sessions within two weeks. Charges shall be framed within one week. If it's informed that some accused have absconded, the trial court to issue non bailable warrants. Trial of those present shall go on and not be delayed. Once charge is framed concerned court shall proceed on recording of evidence preferably within a week. Three special public prosecutors to be appointed by state and police protection to be given to the witnesses. We direct that trafficked children are admitted in school under Right to Education Act and continue to provide them education. The trial court to pass orders with regard to compensation under BNSS and the UP state law as well,” the Court directed.

The Bench also took note of a Times of India report and directed police to investigate the matter and report on the measures being taken to dismantle trafficking gangs.

“We have also taken cognizance of the Times of India report and we have directed the police officer looking into this to report status of the case and what steps are being taken to tackle such gangs working outside and inside Delhi,” the judgment said.

Justice JB Pardiwala remarked that though the case related to the cancellation of anticipatory bail, the Court delved into the broader issue of child trafficking. In 2023 NHRC had entrusted the study of child trafficking on Bhartiya institute of development and a detailed report was submitted. Detailed recommendations were passed. We have made them a part of our judgment.

In their detailed order the court also directed the State Government to provide police protection to the victims and their families pending the trial.

The State police were granted two months’ time to trace out all those accused persons who have absconded and are on the run.

The State government is to ensure that the trafficked children are admitted in schools and support for their education is provided for.

The bench also directed the Police officer in- charge of the investigation of the incident of child trafficking as reported by Times of India (TOI) to personally remain present before the court on 21.4.2025 so that the court could learn more about the action plan that the police propose to take against such gangs operating within and outside Delhi.

Case Title: Pinki v State of UP & Ors. Criminal Appeal No. 1927 Of 2025

Advocate for Petitioner(s): Ms. Aparna Bhat, Sr. Adv. Mr. Mayank Sapra, AOR Ms. Lalima Das,Adv & Ors

Advocate for Respondent(s): Mr. Garvesh Kabra, AOR Mrs. Pooja Kabra, Adv. Mrs. Sujata Upadhyay, Adv. & Ors