Supreme Court Flags Child Trafficking as Modern Slavery, Issues Key Guidelines

Supreme Court on the Reality of Child Trafficking

Calling child trafficking a “deeply disturbing reality” , the Supreme Court of India has reaffirmed that one of the gravest forms of modern slavery continues to persist despite legal safeguards. In a December 19 judgment arising from the sexual exploitation of a minor by an organised trafficking network in Bengaluru , the Court upheld convictions under the Immoral Traffic (Prevention) Act (ITPA) and laid down crucial principles for adjudicating child trafficking cases.

Trafficking as Organised Crime, Not Isolated Abuse

A Bench comprising Justices Manoj Misra and Joymalya Bagchi emphasised that child trafficking involves layered criminal roles — recruitment, transportation, harbouring and exploitation — making it a complex organised crime. Such offences, the Court held, strike at the constitutional guarantees of dignity and bodily integrity of children.

Crucially, the Court rejected any notion of victim complicity. A trafficked child subjected to sexual exploitation is not an accomplice , but an injured witness , whose testimony must be treated with seriousness and respect.

Child Testimony and Judicial Sensitivity

The judgment provides important guidance on evaluating child victim testimony . Courts must adopt sensitivity and flexibility, recognising that trauma, fear and power imbalance often affect recall and narration. Minor inconsistencies , the Bench observed, cannot be grounds to discredit a child’s account — a position aimed at reducing acquittals caused by rigid evidentiary standards.

Ground Reality and Enforcement Gaps

Official data underscores the concern. Between 2018 and 2022 , India recorded 10,659 human trafficking cases , but convictions followed in only 4.8% of cases with arrests. The Court’s observations highlight systemic issues such as weak investigations, inadequate rehabilitation and victim retraumatisation during trials.

Beyond Rescue: Rehabilitation and Prevention

The judgment implicitly stresses that rescue alone is insufficient. Long-term rehabilitation, education and psychological care are essential to prevent re-trafficking. With trafficking increasingly shifting to digital platforms , the ruling calls for updated enforcement tools and stronger institutional coordination.

Important Facts for Exams

• Supreme Court upheld convictions under the ITPA

• Trafficked children are victims, not accomplices

• Minor inconsistencies cannot invalidate child testimony

• Conviction rate in trafficking cases remains below 5%