Introduction

Child trafficking remains one of the gravest and most persistent human rights violations in India. It is a crime that strikes at the very core of childhood, dignity, and freedom. The Supreme Court has repeatedly affirmed that trafficking is a gross violation of children’s fundamental right to life and dignity under the Constitution. Despite thousands of children being rescued every year from exploitative situations, conviction rates remain disturbingly low, exposing deep systemic weaknesses in investigation, prosecution, and rehabilitation. This gap between rescue and justice shows that child trafficking in India is not merely a law-and-order problem, but a complex socio-economic and governance challenge that requires a comprehensive, long-term response.

What is Child Trafficking?

At the international level, the Palermo Protocol (2000) defines child trafficking as the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation. In the case of children, consent is legally irrelevant, since children are incapable of giving informed consent to exploitation.

In India, the Bharatiya Nyaya Sanhita (BNS), 2023 adopts a broad and comprehensive definition of trafficking. It includes trafficking for:

• Sexual exploitation

• Slavery and practices similar to slavery

• Forced labour and servitude

• Organ removal

Importantly, Indian law also makes it clear that trafficking is an offence irrespective of consent, reinforcing the principle that children cannot be treated as willing participants in their own exploitation.

Constitutional Protection of Children

The Indian Constitution provides a strong moral and legal foundation to combat trafficking:

• Article 23 prohibits trafficking in human beings, begar, and forced labour.

• Article 24 prohibits the employment of children in hazardous industries.

• Read together with Article 21, which guarantees the right to life with dignity, the Constitution imposes a clear obligation on the State to:

  • Protect children from exploitation

  • Ensure their safety, development, and well-being

  • Create conditions for a life of dignity and opportunity

Thus, fighting child trafficking is not just a policy choice—it is a constitutional duty.

Judicial Approach: How Courts Have Viewed Child Trafficking

The Indian judiciary has consistently treated child trafficking as a deep-rooted social and economic problem, not merely a criminal offence.

• In Vishal Jeet v. Union of India (1990), the Supreme Court recognised trafficking and child prostitution as socio-economic problems and emphasised the need for preventive, corrective, and rehabilitative measures, not just punishment.

• In Gaurav Jain v. Union of India (1997), the Court stressed the importance of rehabilitation and social reintegration of victims.

• In Bachpan Bachao Andolan v. Union of India (2011), the Court issued wide-ranging directions to tackle child labour and trafficking, focusing on rescue, rehabilitation, and institutional accountability.

• In K.P. Kiran Kumar v. State, the Court held that trafficking violates the fundamental right to life under Article 21.

Judicial thinking has thus consistently highlighted that the real challenge lies not only in rescue, but in prevention, justice delivery, and long-term rehabilitation.

Legal and Institutional Framework in India

India has a fairly strong legal framework to deal with child trafficking and exploitation:

• The POCSO Act, 2012:

  • Provides stringent punishment for sexual offences against children

  • Is gender-neutral

  • Mandates child-friendly procedures and special courts

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

  • Focuses on care, protection, rehabilitation, and social reintegration of children in need

  • Provides a legal framework for Child Welfare Committees and child care institutions

• The Immoral Traffic (Prevention) Act, 1956:

  • Deals specifically with trafficking for sexual exploitation

On paper, this framework is strong. In practice, however, implementation remains uneven and weak.

Challenges in Tackling Child Trafficking

Several structural and systemic factors continue to fuel trafficking:

• Socio-economic vulnerabilities such as:

  • Poverty

  • Distress migration

  • Unemployment

  • Natural disasters and conflicts

• Weak family and community support systems, coupled with low awareness about trafficking risks.

• Low conviction rates due to:

  • Poor quality of investigation

  • Delays in trials

  • Hostile or traumatised witnesses

• Use of digital platforms and social media for recruitment, grooming, and coordination by traffickers.

• Poor inter-State coordination, even though trafficking networks often operate across State borders.

These challenges show that trafficking thrives where governance, social protection, and economic opportunity are weak.

Way Forward: What Should India Do?

1. Adopt a Victim-Centric Approach

• Policies and interventions must focus on:

  • The socio-economic background of victims

  • The vulnerabilities of marginalised communities

• Children must be treated:

  • As survivors in need of care and protection

  • Not merely as witnesses in criminal cases

2. Strengthen Enforcement and Justice Delivery

• Improve the quality of investigation through:

  • Specialised training of police and prosecutors

  • Better use of forensic and digital evidence

• Ensure:

  • Speedy trials

  • Witness protection

  • Higher conviction rates to create real deterrence

3. Improve Centre–State and Inter-State Coordination

• Since police and public order are State subjects, but trafficking networks are often inter-State:

  • Strong coordination mechanisms are essential

  • Shared databases, joint task forces, and real-time information exchange should be strengthened

4. Focus on Prevention, Not Just Rescue

• Long-term prevention requires:

  • Universal access to education

  • Livelihood support for vulnerable families

  • Migration tracking and support systems

  • Community-level awareness programmes

• Trafficking cannot be ended without reducing the distress and desperation that make families and children vulnerable.

5. Regulate and Monitor Digital Platforms

• Social media and online platforms are increasingly used for:

  • Recruitment

  • Grooming

  • Coordination of trafficking networks

• Stronger:

  • Monitoring mechanisms

  • Platform accountability

  • Law enforcement capacity in cyber investigations
    are urgently needed.

6. Strengthen Rehabilitation and Reintegration

• Rescue is only the first step.

• Survivors need:

  • Long-term psychosocial support

  • Education and skill development

  • Family or community-based rehabilitation wherever possible

• Without meaningful reintegration, rescued children remain at high risk of re-trafficking.

Conclusion

Child trafficking is not merely a criminal justice issue; it is a structural socio-economic problem rooted in poverty, inequality, weak governance, and social vulnerability. While India has a strong constitutional and legal framework, the real challenge lies in implementation, coordination, and long-term support for survivors. An effective response must combine constitutional commitment, strong law enforcement, cooperative federalism, and a deeply victim-centred rehabilitation approach. Only then can India move from episodic rescues to a sustainable system that truly protects its children and gives them a future of dignity and opportunity.