Child trafficking is one of the gravest forms of exploitation and a serious violation of human rights. In India, it remains a hidden yet deeply entrenched crime, affecting thousands of children every year. It attacks the dignity, bodily integrity, childhood, and future of victims, and reflects systemic failures in social protection, governance, and justice delivery.

For OPSC OAS aspirants, child trafficking is a highly relevant topic under GS Paper-I (Society), GS Paper-II (Polity & Governance), Ethics, and Essay, with strong linkage to constitutional values and recent judicial pronouncements.

What is Child Trafficking?

Child trafficking refers to the recruitment, transportation, transfer, harbouring, or receipt of children for the purpose of exploitation. Unlike adult trafficking, consent is legally irrelevant in cases involving children.

Major Forms of Child Trafficking in India

• Sexual exploitation and abuse

• Forced labour and bonded labour

• Forced begging

• Illegal adoption

• Child marriage

• Organ trafficking

Each of these forms strips children of their basic rights to safety, education, health, and development.

Nature and Characteristics of the Problem

Child trafficking in India is not random or isolated; it is:

• Organised and network-based, involving recruiters, transporters, employers, and exploiters

• Operated through layered processes: recruitment → transportation → harbouring → exploitation

• Often inter-state and cross-border, making detection and prosecution difficult

Profile of Victims

Most trafficked children come from:

• Poor, marginalised, or socially backward communities

• Migrant families and disaster-prone regions

• Areas with low literacy and weak social safety nets

Children are frequently deceived with false promises of jobs, education, or marriage, while families may remain unaware or powerless.

Why Does Child Trafficking Persist?

Despite multiple laws, the crime continues due to:

• Poverty, unemployment, and distress migration

• Weak enforcement and corruption

• Social stigma, silence, and fear of retaliation

• Low reporting and poor conviction rates

This shows that trafficking is not merely a law-and-order issue, but a developmental and governance challenge.

Judicial Perspective: Supreme Court’s Recent Observations

The Supreme Court of India has recently described child trafficking as a “deeply disturbing reality”, and laid down important victim-centric principles.

Judicial Principles

• Minor inconsistencies in a child’s testimony must not discredit the victim

• A trafficked child should be treated as an injured witness, not an accomplice

• Conviction can be based solely on the victim’s testimony, if it is credible

• Courts must avoid secondary victimisation during investigation and trial

• Judicial processes must be sensitive, realistic, and trauma-informed

These observations reflect a shift from technical formalism to substantive justice.

Vulnerability of Child Victims

Trafficked children suffer from multiple layers of vulnerability:

Socio-Economic and Cultural Factors

• Poverty and unemployment

• Caste and gender-based discrimination

• Lack of family and community protection

Psychological Impact

• Trauma, fear, and loss of trust

• Difficulty in recalling events consistently

• Silence due to coercion or shame

Organised trafficking networks deliberately exploit illiteracy, social exclusion, and power imbalance.

Legal Framework Against Child Trafficking in India

Constitutional Safeguards

• Article 23: Prohibits trafficking in human beings and forced labour

• Article 24: Prohibits child labour in hazardous occupations

Key Legislations

• Immoral Traffic (Prevention) Act, 1956

• Juvenile Justice (Care and Protection of Children) Act, 2015

• Protection of Children from Sexual Offences (POCSO) Act, 2012

• Bonded Labour System (Abolition) Act, 1976

• IPC Sections 370 and 370A dealing with trafficking offences

Together, these provide a comprehensive legal framework, but effectiveness depends on implementation.

Challenges in Addressing Child Trafficking

• Under-reporting due to fear, stigma, and social pressure

• Poor inter-state and inter-agency coordination

• Inadequate rehabilitation, counselling, and reintegration facilities

• Delays in investigation and trial

• Insensitive interrogation and lack of child-friendly procedures

These gaps often result in re-victimisation and denial of justice.

Importance of Judicial Sensitivity

Courts must recognise that:

• Trafficked children may recall events inconsistently due to trauma

• Immediate resistance or complaint is often impossible due to fear or control

Hence, the judiciary should:

• Avoid rigid notions of “normal human conduct”

• Focus on substance over procedural technicalities

• Ensure child-friendly and non-intimidating court environments

Judicial sensitivity is not leniency; it is constitutional compassion.

Way Forward: A Multi-Dimensional Approach

Strengthening Prevention

• Poverty alleviation and universal education

• Community awareness and local vigilance mechanisms

Improving Enforcement

• Specialised anti-trafficking units

• Faster investigation and time-bound trials

Victim-Centric Justice

• Trauma-informed judicial processes

• Long-term rehabilitation, counselling, and social reintegration

Institutional Coordination

• Strong linkage between police, judiciary, NGOs, and Child Welfare Committees

Conclusion

Child trafficking is not merely a crime, but a systemic failure of protection and governance.

The Supreme Court’s emphasis on credibility, sensitivity, and realism marks a progressive shift in India’s justice system.

Effective elimination of child trafficking requires:

• Strong laws,

• Compassionate and informed justice, and

• Robust social support systems that place the child at the centre of policy and practice.