​End the exploitation: On the Supreme Court judgment, child trafficking

One of the worst forms of modern slavery is child trafficking, and the Supreme Court of India has issued a stern wake-up call about the prevailing situation in India. In a December 19 judgment, it observed that child trafficking is a “deeply disturbing reality” in the country where sexual exploitation of children by organised cartels continues to flourish despite protective laws. It was hearing a case regarding a minor who was forcibly exploited sexually by a gang of traffickers in Bengaluru. The Court upheld the conviction of the gang members under the Immoral Traffic (Prevention) Act. The offence, it said, struck at the very foundations of dignity, bodily integrity and the state’s constitutional promise of protection to every child against exploitation. A Bench of Justices Manoj Misra and Joymalya Bagchi drew attention to the complex and layered structure of organised crime networks which operate at various levels of recruiting, transporting, harbouring and exploiting minor victims. The Bench laid down guidelines to follow in child trafficking cases, particularly the need for “sensitivity and latitude” while hearing the child’s testimony. It may not be possible for the child to narrate with precision and clarity the nature of the crime, it said, pointing out that courts must not disbelieve her testimony because of minor inconsistencies in her evidence.

A victim of sex trafficking, particularly a minor, is not an accomplice, it noted, and “her deposition is to be given due regard and credence as that of an injured witness”. The Court’s observations must not go in vain and the onus is on the government and civil society to do what is necessary to protect children. The net must be spread wide to end other forms of exploitation as well such as forced child labour. Stringent laws may be in place, but on the ground, much more needs to be done like giving teeth to anti-trafficking units or passing an anti-trafficking Bill. Last year, the Ministry of Home Affairs told Parliament that India had recorded as many as 10,659 cases of human trafficking between 2018 and 2022, but of the persons arrested for the crime in the same period, the conviction rate was just 4.8%. The issue of rehabilitation after rescue also has to be thought through; mere compensation is not enough. The focus must be on prevention and protection, and one way to ensure this is to keep children in school till they are 14 as the Right to Education Act promised. With the advent of the digital space, trafficking is a shape-shifting evil, and government and social entities must be prepared to tackle all its forms.