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End The Exploitation: On the Supreme Court Judgment, Child Trafficking
The Supreme Court’s December 19, 2025 judgment is a landmark call to end the exploitation of children, recognizing child trafficking as a “deeply disturbing reality” in India and demanding a more sensitive judicial approach.

The Judicial Stance
  • Recognition of Reality: The Court declared child trafficking and commercial sexual exploitation as a “deeply disturbing reality” in India, flourishing despite protective laws.
  • Victim-Centric Approach: It emphasized that courts must not dismiss a child’s testimony due to minor inconsistencies, urging sensitivity in evaluating evidence.
  • Constitutional Framing: Trafficking was described as striking at the very foundations of dignity and bodily integrity, violating the state’s constitutional duty to safeguard children.
  • Organized Crime Recognition: The judgment highlighted the complex, layered networks of traffickers—recruiting, transporting, and exploiting minors in coordinated cartels.
Constitutional Foundations Against Child Trafficking
  • Article 21 – Right to Life and Personal Liberty
    • Protects every child’s right to live with dignity, free from exploitation.
    • The Court emphasized that trafficking violates the essence of life itself.
  • Article 23 – Prohibition of Trafficking and Forced Labour
    • Explicitly bans trafficking, begar (bonded labour), and other forms of forced labour.
    • The judgment reinforces that trafficking is a direct violation of this constitutional safeguard.
  • Article 24 – Prohibition of Child Labour in Hazardous Employment
    • Protects children under 14 from hazardous work.
    • Trafficking often pushes minors into exploitative labour, making Article 24 a critical shield.
  • Directive Principles of State Policy (DPSPs)
    • Article 39(e) & (f): Mandates the State to protect children from abuse and ensure opportunities for healthy development.
    • The Court’s stance aligns with these guiding principles, urging the State to act beyond mere law enforcement.
Judicial Guidelines for Child Testimony
  • Credibility of Child Witnesses
    • Courts must not dismiss a child’s testimony due to minor inconsistencies.
    • Recognizes that trauma, fear, and age can affect memory and narration.
  • Victim-Centric Approach
    • Judges must adopt a sensitive lens when evaluating evidence from trafficked children.
    • Testimonies should be assessed in the context of exploitation, not rigid technicalities.
  • Protection of Dignity
    • The Court emphasized that child victims must be treated with respect, avoiding secondary victimization during trial.
    • Proceedings should safeguard the child’s privacy and emotional well-being.
  • Recognition of Vulnerability
    • Children from marginalized backgrounds are especially vulnerable; their testimonies must be given due weight.
    • Courts must acknowledge the power imbalance between victims and traffickers.
  • Consistency with Constitutional Rights
    • Testimony guidelines are rooted in Article 21 (Right to Life and Dignity) and Article 23 (Prohibition of Trafficking).
    • The Court reinforced that protecting child witnesses is part of the State’s constitutional duty.
The Enforcement Gap Explained
  • Weak Policing and Investigations
    • Trafficking cartels operate with impunity due to poor intelligence gathering and lack of specialized anti-trafficking units.
    • Victims often go unrescued because local enforcement is under-resourced or complicit.
  • Slow Judicial Processes
    • Cases drag on for years, discouraging victims from testifying.
    • Conviction rates remain low, undermining deterrence.
  • Inadequate Victim Protection
    • Survivors face stigma, threats, and lack of rehabilitation facilities.
    • Without safe shelters and psychological support, many victims are retraumatized during trials.
  • Corruption and Collusion
    • Traffickers exploit loopholes and sometimes collude with officials, weakening enforcement.
    • Bribes and political protection shield trafficking networks.
  • Socio-Economic Vulnerability
    • Poverty, lack of education, and migration pressures feed the supply chain of trafficking.
    • Enforcement alone cannot succeed without addressing these root causes.
Prevention Strategies
  • Strengthening Law Enforcement
    • Establish specialized anti-trafficking units with intelligence-led policing.
    • Increase border vigilance and monitoring of transit points.
  • Community Awareness
    • Grassroots campaigns to educate families about trafficking risks.
    • School-based programs to empower children with knowledge of their rights.
  • Economic Empowerment
    • Livelihood schemes for vulnerable families to reduce susceptibility.
    • Skill development programs for rural youth to prevent migration-based exploitation.
  • Digital Monitoring
    • Track online recruitment and grooming by traffickers.
    • Cyber cells to monitor trafficking-related activity on social media.
Rehabilitation Measures
  • Safe Shelters
    • Establish government-funded, trauma-informed shelters for rescued children.
    • Ensure privacy, safety, and non-stigmatizing environments.
  • Psychological Support
    • Counseling and therapy to address trauma and rebuild self-esteem.
    • Training caregivers and social workers in trauma-sensitive care.
  • Education and Skill Development
    • Reintegration through schooling, vocational training, and scholarships.
    • Special focus on girls, who face compounded stigma.
  • Legal and Social Reintegration
    • Free legal aid to support survivors in pursuing justice.
    • Community reintegration programs to prevent re-trafficking.
The Way Forward on Child Trafficking

The Supreme Court’s judgment has drawn a constitutional line in the sand: child trafficking is modern slavery, a violation of dignity, and a betrayal of the Republic’s promise. But judgments alone cannot end exploitation. 

Legal & Judicial Reforms
  • Fast-Track Courts: Establish dedicated trafficking courts to ensure swift justice.
  • Victim-Centric Procedures: Train judges and prosecutors to handle child testimony with sensitivity.
  • Uniform Guidelines: Apply Supreme Court’s directives consistently across all lower courts.
Enforcement Strengthening
  • Specialized Anti-Trafficking Units: Police forces with intelligence-led operations to dismantle trafficking networks.
  • Cross-Border Cooperation: Strengthen collaboration with neighboring countries to curb transnational trafficking.
  • Accountability Mechanisms: Crack down on corruption and collusion within enforcement agencies.
Prevention Measures
  • Community Awareness: Grassroots campaigns to educate families about trafficking risks.
  • Economic Empowerment: Livelihood schemes and skill development to reduce vulnerability.
  • Digital Vigilance: Monitor online recruitment and grooming by traffickers.
Rehabilitation & Reintegration
  • Safe Shelters: Trauma-informed facilities for rescued children.
  • Psychological Support: Counseling and therapy to rebuild confidence.
  • Education & Skills: Reintegration through schooling, vocational training, and scholarships.
  • Community Acceptance: Programs to reduce stigma and prevent re-trafficking.

Conclusion

The Supreme Court has spoken with moral clarity: child trafficking is an assault on humanity itself. The way forward lies in integrating law, enforcement, prevention, and rehabilitation into a unified national mission. Ending exploitation is not just about punishing traffickers—it is about protecting children, restoring dignity, and fulfilling the constitutional promise of justice for all.

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