How should India tackle child trafficking

Source: The post  “How should India tackle child trafficking’’ has been created, based on “How should India tackle child trafficking” published in “The Hindu” on 19th January 2026.

UPSC Syllabus: GS Paper-3- Governance

Context: Child trafficking is a serious violation of human rights and infringes upon a child’s right to life, dignity and development under Article 21 of the Constitution. Despite multiple laws and judicial interventions, child trafficking continues due to socio-economic vulnerabilities and weak enforcement.

Meaning of Child Trafficking

1. The Palermo Protocol, 2000 defines child trafficking as the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation.
2. Section 143 of the Bharatiya Nyaya Sanhita, 2023 defines trafficking broadly and includes physical and sexual exploitation, slavery, servitude, forced labour and organ removal.
3. Consent of the victim is irrelevant in determining the offence of trafficking.

Constitutional and Legal Protection of Children

1. Article 23 of the Constitution prohibits human trafficking, forced labour and begar.
2. Article 24 prohibits employment of children in hazardous industries.
3. Article 39(e) and 39(f) direct the State to protect children from abuse, exploitation and moral and material abandonment.
4. Sections 98 and 99 of the BNS criminalise the selling and buying of minors.
5. The Immoral Traffic (Prevention) Act, 1956 addresses trafficking for sexual exploitation.
6. The Juvenile Justice (Care and Protection of Children) Act, 2015 provides for care, protection, rehabilitation and reintegration of trafficked children.
7. The POCSO Act, 2012 provides gender-neutral definitions of sexual offences against children and prescribes stringent punishments. Fast Track POCSO Courts have been established to ensure speedy justice.

Judicial Response

1. In Vishal Jeet v. Union of India (1990), the Supreme Court held that child trafficking requires a preventive and humanistic approach.
2. In M.C. Mehta v. State of Tamil Nadu (1996), the Court prohibited child labour in hazardous industries.
3. In Bachpan Bachao Andolan v. Union of India (2011), the Court issued directions to address child trafficking and exploitation.
4. In K.P. Kiran Kumar v. State (2025), the Supreme Court held that trafficking violates children’s fundamental rights and issued strict preventive guidelines.

Challenges

1. Poverty, unemployment and migration increase children’s vulnerability to trafficking.
2. Family breakdown, disasters and lack of awareness make children easy targets.
3. Social media and online platforms are increasingly misused for recruitment.
4. Weak investigation, low conviction rates and trial delays reduce deterrence.
5. Poor Centre–State coordination and inadequate rehabilitation increase the risk of re-trafficking.

Way Forward

1. The government must strengthen Centre-State coordination as police and law and order are State subjects.
2. Investigation and prosecution mechanisms must be improved to increase conviction rates.
3. Social and economic rights of children must be ensured through education, nutrition and social security schemes.
4. Online platforms must be regulated to prevent digital recruitment of children.
5. A victim-centric approach focusing on rehabilitation and reintegration must be prioritised.

Conclusion: Child trafficking is a serious human rights violation that undermines children’s dignity and constitutional protections. Despite strong laws, gaps in enforcement, coordination and rehabilitation persist. A holistic approach involving strict enforcement, Centre–State cooperation and social welfare measures is essential to combat child trafficking effectively.

Question: How should India tackle the problem of child trafficking? Discuss the constitutional, legal and judicial measures along with the way forward.

Source: The Hindu