Why in the news?
Recently, a warning to parents across the country, given by the Supreme Court of India, asking them to remain cautious against the increasing menace of child trafficking. It highlighted that traffickers exploit juvenile protection laws to force children into crime.
About Child Trafficking
It is a set of exercises wherein recruitment, transportation, transfer, harboring, or receipt of a child for exploitation happens.
Forms of Child Trafficking:
(a) Forced Labor: Children sent to different places for menial work, like domestic work, industrial work, and construction work.
(b) Sexual Exploitation: Many victims are forced into prostitution as well as online exploitation.
(c) Illegal Adoption: It is also growing rapidly that children are abducted to provide parents who want to adopt the child.
Current Scenario and Statistics
(i) Over 10,000 cases of trafficking were reported, yet only 1,031 convictions were secured (Between 2018 and 2022).
(ii) Uttar Pradesh, Bihar, and Andhra Pradesh are among the top states with the highest number of trafficked children.
(iii) According to National Crime Records Bureau (NCRB) data of 2022, 3098 victims (below 18 years) were rescued.
Challenges in Addressing Child Trafficking
(a) Low Conviction Rates: Even after arresting thousands of culprits, the conviction rate is still under 5%, which highlights loopholes in investigation and prosecution.
(b) Lack of Awareness and Reporting: Lack of legal knowledge, social stigma, and fear make several cases underreported.
(c) Inter-State Trafficking Networks: Traffickers spread across several states, consequently making it difficult for law enforcement agencies to nab them and destroy their networks.
Legal and other measures at work
(a) Article 23 of the Constitution: prohibits trafficking in human beings and forced labor.
(b) The Immoral Traffic (Prevention) Act, 1956 (ITPA): Though made for human trafficking, it also focuses on child trafficking by criminalising it and imposing penalties.
(c) Protection of Children from Sexual Offences (POCSO) Act, 2012: Protect children from sexual assault, sexual harassment, and pornography. As per the act, children under the age of 18 will come under this act.
(d) The Juvenile Justice (Care and Protection of Children) Act, 2015: It not only protects and reduces the risk of trafficking but also ensures their rehabilitation through child welfare communities.
(e) Bharatiya Nyaya Sanhita (BNS), 2023: Sections 143 and 144 are related to provisions for the offences of human trafficking.
(f) Bhartiya Nagarik Suraksha Sanhita (BNSS): It recognizes trafficking as a cognizable and non-bailable offence.
(g) Anti Human Trafficking Units: The Central Government has provided financial assistance to States/ UTs for setting up/ strengthening AHTUs. Currently, around 827 AHTUs are operational, including 807 in States/ UTs, 15 in BSF, and 5 in SSB.
(h) Crime Multi Agency Centre: Here, one can share online information about the crimes and the criminals 24*7 among various law enforcement agencies. Eventually, it will ensure the efficient flow of information between them.
(i) Ujjawala Scheme ( Ministry of Women and Child Development): With the help of a few acts like rescue, reintegration, and repatriation, their prevention will be ensured.
Way Forward:
(a) Strengthen Legislation: Laws should provide severe penalties for traffickers, and also prioritise the best interests of the child.
(b) Raise Awareness and Education: Conduct campaigns to educate communities, children, parents, as well as relevant professionals about its dangers.
(c) Improve Victim Identification and Support: Enhance training for law enforcement officers, social workers, healthcare providers, etc, to identify signs of child trafficking and provide appropriate support to victims.
(d) Strengthen International Cooperation: Facilitate cooperation and information sharing among countries to combat cross-border trafficking.
Conclusion
The Supreme Court’s judgment came at the right time, asking parents, teachers, authorities, as well as society at large to address the increasing threat. By emphasizing vigilance, accountability, and swift legal action, the court has laid the groundwork for combating this heinous crime.