Tackling Child Trafficking in India: Legal Frameworks, Supreme Court Guidelines, and the Need for Inter-State Cooperation
Child trafficking remains a critical issue in India, with over 53,000 children rescued between 2024 and 2025. The Supreme Court, in the K. P. Kiran Kumar case, issued strict guidelines to prevent trafficking, linking it to the fundamental right to life under the Constitution. The article examines the legal framework, including the Palermo Protocol and Section 143 of the Bhartiya Nyaya Sanhita (BNS) 2023, which provides a broad definition of exploitation. Despite these laws, the conviction rate remains low at 4.8%. The author emphasizes the need for socio-economic interventions for marginalized communities and enhanced Union-State cooperation, as law and order are state subjects while trafficking is often a cross-border crime.
Key Points
- The Bhartiya Nyaya Sanhita (BNS) 2023, Section 143, defines trafficking to include recruitment, transportation, and receipt of persons for exploitation.
- Articles 23 and 24 of the Indian Constitution provide fundamental protections against human trafficking and hazardous child labor.
- The conviction rate for trafficking offenses in India was only 4.8% between 2018 and 2022, highlighting a major gap in law enforcement.
- Effective prevention requires addressing root causes like poverty, migration, and the lack of social safety nets for vulnerable families.
Exam Facts
- The Palermo Protocol is the UN's primary international instrument to combat trafficking in persons.
- Section 143 of the Bhartiya Nyaya Sanhita (BNS) 2023 replaced relevant sections of the IPC regarding trafficking.
- Articles 23 and 24 of the Constitution protect citizens and children from exploitation and forced labor.
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