SC raps UP and Allahabad HC over bail to child trafficking accused; sets 6-month trial deadline

New Delhi: The Supreme Court on Tuesday issued a set of comprehensive directions to strengthen action against child trafficking, including a timeline for the swift completion of related cases. A bench of Justices JB Pardiwala and R Mahadevan directed all state governments to review and implement the recommendations submitted by the Bhartiya Institute on tackling child trafficking. The Court also instructed High Courts across the country to seek updates on pending cases and ensure that lower courts complete trials within six months. Emphasizing accountability, the bench warned that any failure to implement these directions would be treated as contempt of court. In a significant directive, the Court said hospitals could face serious consequences if newborns are trafficked under their watch. “If a child is stolen from a hospital, the immediate step must be to suspend the hospital’s license,” the bench noted.

The observations came during a hearing on anticipatory bail applications in a child trafficking case from Uttar Pradesh. The top court expressed strong disapproval over how the case was handled by both the Allahabad High Court and the Uttar Pradesh administration. “The High Court’s approach to granting bail was casual, which allowed several accused to go missing. The police failed to monitor their whereabouts,” the bench remarked, adding that the High Court should have imposed conditions such as regular appearances at the local police station. The Court also pulled up the state government for not taking appropriate steps to appeal or follow up. “We are disappointed with the lack of seriousness shown by the Uttar Pradesh government in this case,” the bench said. Details of the case revealed that a stolen infant was handed over to a couple seeking a male child. “The accused paid ₹4 lakh to acquire the baby. Knowing the child was stolen makes the offence more serious,” the Court observed.

Given the gravity of the matter, the Court cancelled the bail of the accused and ordered all of them to surrender immediately. It directed the Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrate (ACJM) in Varanasi to commit the case to sessions court within two weeks and frame charges within a week thereafter. The trial is to proceed without delay, even if some accused remain absconding. The court also ordered the appointment of three special public prosecutors and police protection for witnesses. Further, the Court directed authorities to ensure that trafficked children are enrolled in schools under the Right to Education Act and continue receiving education. Compensation decisions are to be made under relevant state and national laws. The bench also took note of a news report in the Times of India on the broader issue of child trafficking. Police have been asked to file a report on efforts being made to dismantle such criminal networks operating in and around Delhi.

The matter is scheduled to be taken up again on April 21.