India’s Child Trafficking Response: Low Convictions Despite Large-Scale Rescues

India’s response to child trafficking remains in focus following recent judicial directions and official data showing low conviction rates despite large-scale child rescues. It highlights gaps between existing legal safeguards, enforcement outcomes, and justice delivery in child trafficking cases.

Child Trafficking in India: Legal Framework, Constitutional Provisions, Laws, and Issues

Dimension	Key Details
Child trafficking	Recruitment, transportation, harbouring, or receipt of children for exploitation, including forced labour, sexual exploitation, slavery, servitude, or organ removal.
International definition	Provides for treatment of any movement or exploitation of a child for exploitative purposes as trafficking, irrespective of consent.
Domestic legal framework	The Palermo Protocol principle is incorporated into India’s domestic legal framework.
Bharatiya Nyaya Sanhita (BNS), 2023	Defines trafficking to include recruitment, transportation, or harbouring through coercion, deception, abuse of power, or inducement for exploitation.
Forms of exploitation recognised	Recognises physical, sexual, economic, and organ trafficking as forms of exploitation.
Article 23	Prohibits human trafficking and forced labour.
Article 24	Bans employment of children in hazardous industries.
Article 39(e) and 39(f)	Directs the State to ensure children are protected from abuse and are provided conditions of freedom, dignity, and healthy development.
Key legislations addressing child trafficking	Bharatiya Nyaya Sanhita, 2023; Immoral Traffic (Prevention) Act, 1956; Juvenile Justice (Care and Protection of Children) Act, 2015; Protection of Children from Sexual Offences (POCSO) Act, 2012.
Specific offences	Criminalises trafficking and the buying and selling of minors.
Immoral Traffic (Prevention) Act, 1956	Targets trafficking for sexual exploitation.
Juvenile Justice Act, 2015	Focuses on care, rehabilitation, and reintegration of trafficked children.
POCSO Act, 2012: punishments	Provides for stringent punishments for sexual offences against children, including life imprisonment and death penalty in extreme cases.
POCSO Act, 2012: features highlighted	Is gender-neutral and provides for enabling fast-track courts for speedy trials.
Supreme Court position	Recognises trafficking as a violation of the fundamental right to life and dignity.
Supreme Court cases	Vishal Jeet v. Union of India; M.C. Mehta v. State of Tamil Nadu; Bachpan Bachao Andolan v. Union of India.
Recent Supreme Court guidelines	Emphasise victim-centric approaches, accountability of authorities, and coordinated enforcement.
Structural challenges	Low conviction rates; socio-economic vulnerabilities (poverty, migration, disasters, family breakdown); misuse of digital platforms for recruitment under the guise of jobs or opportunities; fragmented enforcement due to networks operating across State boundaries.
Federal dimension	Law and order is a State subject, which complicates coordinated action and makes Centre-State cooperation essential.