Child Trafficking: SC Slams UP Govt, Allahabad HC For Bail To Accused; Sets 6-Month Deadline For Trial

The Supreme Court on Tuesday slammed both the Allahabad High Court and the Uttar Pradesh government while hearing anticipatory bail pleas filed by an accused in a child trafficking over the manner in which they dealt with the serious matter.

According to the Bar and Bench, the apex court of the country also issued extensive guidelines to be followed by the states to combat child trafficking and to deal with cases involving child trafficking offences.

About The Case

The top court's guideline came in connection to a case involving a stolen baby being delivered to a couple who desired to have a son.

"It appears the accused was longing for a son and then got a son got for rupees 4 lakh. If you desire a son.. you cannot go for a trafficked child. He knew that the baby was stolen," the Court noted.

"We are thoroughly disappointed how State of UP handled this and why no appeal was made. No seriousness was showing worth the name", the Bar and Bench quoted the bench as saying.

What Did SC Say?

A division bench of Justices JB Pardiwala and R Mahadevan directed the state governments and the high courts across the country to issue directions to lower courts to complete trial in child trafficking cases in six months.

"State governments shall take a look at the detailed recommendations by us and study the report which was submitted by Bhartiya Institute and implement the same at the earliest. High Courts across the country are directed to call for status of pending trial in child trafficking cases. Then directions shall be issued to complete trial in 6 months and also conduct day to day trial," the Court ordered, as per the Bar and Bench.

"The High Court dealt with bail applications callously and it led to many accused to abscond. These accused pose serious threat to society. Least which was required from High Court while granting bail was to impose a condition to mark presence in police station every week. The police lost track of all accused persons," the bench ruled.

Cancelling the bail granted to the accused, the bench said, "All accused directed to surrender and they shall be sent to judicial custody. We direct CJM Varanasi and ACJM Varanasi to commit the cases to court of sessions within two weeks. Charges shall be framed within one week. If it's informed that some accused have absconded, the trial court to issue non bailable warrants. Trial of those present shall go on and not be delayed."

"Once charge is framed concerned court shall proceed on recording of evidence preferably within a week. Three special public prosecutors to be appointed by state and police protection to be given to the witnesses. We direct that trafficked children are admitted in school under Right to Education Act and continue to provide them education. The trial court to pass orders with regard to compensation under BNSS and the UP state law as well," the Court ordered.

The top court also asserted that any deviation in implementation of the issued directions would be taken seriously and be treated as contempt of court.

More importantly the Supreme Court highlighted if a new born is stolen from hospital, the first step to be taken is to cancel the license of the concerned hospital.

"If any new born is trafficked from a hospital, the first step should be suspend the license of such hospitals. if any lady comes to deliver a child to the hospital and the baby is stolen, the first step is suspension of license" the Court ordered, as per the Bar and Bench.