PINKI v. STATE OF UTTAR PRADESH AND ANR

Citation: [2025] 5 S.C.R. 522, 2025 INSC 482

Court: Supreme Court of India

Bench: J.B. Pardiwala and R. Mahadevan, JJ.

Judgment text

SUPREME COURT OF INDIA Pinki v. State of Uttar Pradesh and Anr. Criminal Appeal No. 1927 of 2025 [2025] 5 S. C. R. 522 : 2025 INSC 482 Pinki v. State of Uttar Pradesh and Anr. (Criminal Appeal No. 1927 of 2025) 15 April 2025 [J. B. Pardiwala* and R. Mahadevan, JJ. ] Issue for Consideration Whether the High Court erred in passing various orders granting bail to accused persons in matters involving offences of serious nature of child trafficking. Headnotes† Bail - Cancellation of - Penal Code, 1860 - ss.

363, 311, 370(5) - Kidnapping; Child trafficking - Interstate childtrafficking rackets - High Court granted bail to 13 accused persons allegedly involved in such cases involving interstate trafficking of minor children on a large scale - Challenge to, by the victims of the crime, the kith and kin of the children trafficked: Held: High Court while releasing the accused persons on bail took into consideration the aspects like the accused were not named in the FIR; names of the accused were disclosed by a co-accused; victim was not recovered from the custody of the accused; similarly situated co-accused were granted bail; no material evidence regarding tampering of evidence or intimidating of witness in previous criminal cases; bail is a rule, jail is an exception - Considering the serious nature of the crime and the modus operandi adopted by the accused persons, the High Court should not have exercised its discretion in favour of the accused persons - High Court dealt with all the bail applications in a very callous manner which ultimately paved way for many accused persons to abscond putting the trial in jeopardy - The true test to ascertain whether discretion has been judiciously exercised or not is to see whether the court has been able to strike a balance between the personal liberty of the accused and the interest of the State, in other words, the societal interests - Impugned bail orders * Author Pinki v.

State of Uttar Pradesh and Anr. passed by the High Court set aside - Conduct of the State in not challenging the orders of bail, deprecated - Accused persons to surrender before the committal court which shall remand them to judicial custody - Further directions issued to the trial court, State Government - Right of Children to Free and Compulsory Education Act, 2009 - Bharatiya Nagarik Suraksha Sanhita, 2023.

[Paras 38, 67, 68, 78, 79] Directions by Supreme Court - Pending trials relating to child trafficking, to be completed within six months: Held: High Courts to call for the necessary information as regards the status of the pending trials relating to child trafficking - Once each of the High Court collects the necessary data as regards the status of the trials, a circular be issued on administrative side to all the concerned trial courts to complete the trials within six months from the date of the circular and if need be, by conducting the trials on day-to-day basis - Each of the High Courts to forward a report to this Court as regards the compliance of the directions contained in the circular - Non-compliance of directions or any laxity of any nature in that regard on the part of any of the authorities shall be viewed very strictly and if need be, they shall be proceeded for contempt.

[Para 81 (l), (m)] Bail - Constitution of India - Article 21 - Principles for grant of bail in cases of serious nature vis-à-vis cancellation of bail because of supervening circumstances/bail order being perverse or based on irrelevant considerations; non- consideration of relevant factors - Distinction - Individual liberty vis-à-vis larger social interest - Discussed - Concept of liberty is not in the realm of absolutism but is a restricted one. [Paras 53-60, 62-64] Directions by Supreme Court - Child trafficking - Directions issued to State Governments to implement the recommendations of Bharatiya Institute of Research and Development (BIRD) made in its report on Human Trafficking: Held: All the State Governments across the country directed to look into the report of BIRD dated 12. 04.

2023 on Human Trafficking more particularly the recommendations, on effective law enforcement and prosecution - All the State Governments directed to study 524 the entire report and implement each of the recommendations by working out appropriate modalities in that regard. [Para 81 (j), (k)] Trafficking of newborns from hospitals - Suspension of licence of the hospital: Held: If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law - When a baby is delivered in any hospital, it is the responsibility of the administration of the hospital to protect the newborn infant in all respects.

[Para 91] Child trafficking - Globally and in India - UN Convention on the Rights of the Child, 1989 (CRC); The Hague Convention on Protection of Children and Cooperation in Respect of Inter- country Adoption, 1993; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the UN Convention against Transnational Organised Crime; UN Special Rapporteur's Report on the sale of children, child prostitution and child pornography, 2016; U. N. Declaration on the Rights of the Child (1959) - Reasons for increase in cases of child trafficking globally - Constitution of India - Article 23 - Prohibition of traffic in human beings and forced labour - Central Adoption Resource Authority - Adoption a long-drawn process, traffickers taking advantage of increased demand for children. [Paras 10-28] Child trafficking - Need for parents to be vigilant and careful - Word of caution. [Para 90] Case Law Cited Lakshmi Kant Pandey v.

Union of India [1984] 2 SCR 795 : (1984) 2 SCC 244; Bachpan Bachao Andolan v. Union of India & Ors. [2011] 5 SCR 353 : (2014) 16 SCC 616; Bachpan Bachao and Ors. v. UOI and Ors. , 2010 SCC OnLine Del 4613; Gudikanti Narasimhulu and Others v. Public Prosecutor, High Court of Andhra Pradesh [1978] 2 SCR 371 : (1978) 1 SCC 240; Prahlad Singh Bhati v. NCT, Delhi & Anr. [2001] 2 SCR 684 : (2001) 4 SCC 280; Ram Govind Upadhyay v. Sudarshan Singh [2002] 2 SCR 526 : (2002) 3 SCC 598; Kalyan Chandra Sarkar v. Rajesh Ranjan (2004) Pinki v. State of Uttar Pradesh and Anr. 7 SCC 528; Bhoopendra Singh v. State of Rajasthan [2021] 10 SCR 188 : (2021) 17 SCC 220; Mahipal v. Rajesh Kumar [2019] 14 SCR 529 : (2020) 2 SCC 118; Brijmani Devi v. Pappu Kumar [2021] 9 SCR 533 : (2022) 4 SCC 497; Pappu Kumar v. State of Bihar (2021) SCC OnLine Pat 2856; Pappu Singh v. State of Bihar (2021) SCC OnLine Pat 2857; Manoj Kumar Khokhar v. State of Rajasthan and Another (2022) 3 SCC 501; Ash Mohammad v.

Shiv Raj Singh [2012] 7 SCR 584 : (2012) 9 SCC 446; Kartar Singh v. State of Punjab [1994] 2 SCR 375 : (1994) 3 SCC 569 - referred to. Books and Periodicals Cited Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, U. N. Doc. A/HRC/34/55 (Dec. 22, 2016); Charlie Custer, Kidnapped and Sold: Inside the Dark World of Child Trafficking in China, The Atlantic (July 25, 2013); John C. Nimmo, The Works of the Right Honourable Edmund Burke: A Letter to a Member of the National Assembly, vol. 4 (London); Quentin Skinner, The Paradoxes of Liberty, The Tanner Lectures on Human Values, Harvard Univ. , Oct. 24-25, 1984 - referred to.

List of Acts Penal Code, 1860; Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Nyay Sanhita, 2023; Constitution of India; Juvenile Justice (Care and Protection of Children) Act, 2015; Hindu Adoption and Maintenance Act, 1956; Right of Children to Free and Compulsory Education Act, 2009; Societies Registration Act, 1860.

List of Keywords Child trafficking; Kidnapping; Interstate child-trafficking rackets; Child-trafficking rackets; Human trafficking; Child-kidnapping rackets; Missing children and trafficking; Buying and selling of minor children; Trafficking in persons; Trafficking; Trafficking in children; Trafficking process; Traffickers; Cancellation of bail; Trafficking of newborns from hospitals; Personal liberty; Deprivation of liberty; Adoption; Illegal adoption; Trafficking of children for the purpose of adoption; Sale of children; Inter-country adoption; Maltreatment or exploitation of children; Legally free for adoption; 526 Abduction; Bharatiya Institute of Research and Development (BIRD); Rule of law; Bail is a rule, jail is an exception; Exploitation using threat; Coercion, abduction, fraud, deceit, abuse of power or vulnerability; Societal interests; Tampering of evidence; UN Convention on the Rights of the Child, 1989 (CRC); The Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption, 1993; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; UN Convention against Transnational Organised Crime; UN Special Rapporteur on the sale of children, child prostitution and child pornography, 2016; U.

N. Declaration on the Rights of the Child (1959); Central Adoption Resource Authority (CARA); Child Welfare Committee; National Human Rights Commission; National Legal Services Authority; Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh; Compensation to the victims under Bharatiya Nagarik Suraksha Sanhita, 2023. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 1927 of 2025 From the Judgment and Order dated 13. 12. 2023 of the High Court of Judicature at Allahabad in CRMBA No. 47159 of 2023 With Criminal Appeal No(s). 1928, 1929, 1930, 1931, 1932, 1933, 1934, 1935, 1936, 1937, 1938, 1939, 1940, 1941, 1942, 1943 and 1944 of 2025 Appearances for Parties Advs. for the Appellant: Ms. Aparna Bhat, Sr. Adv. , Mayank Sapra, Ms. Lalima Das, Ms. Karishma Maria, Gopal Krishna. Advs. for the Respondents: Garvesh Kabra, Mrs. Pooja Kabra, Mrs. Sujata Upadhyay, Mrs. Nikita Jaju, Ms.

Sangeeta Singh, Ishwar Chand Roy, Utkarsh Dwivedi, Purna Chandra Patnaik, Prashant Kumar, Gunjan Kumar, Akshay Sahay, Farhan Khan, Md Shahid Anwar, , Kamlesh Kumar Mishra, Ms. Tanya Agarwal, Mrs. Shubhangi Tuli Pinki v. State of Uttar Pradesh and Anr. Judgment / Order of the Supreme Court Judgment J. B. Pardiwala, J. For the convenience of exposition, this judgment is divided in the following parts: - INDEX* A. FACTUAL BACKGROUND 3 i. FIR No. 193/2023 (in Sanjay v. State of Uttar Pradesh and Anr. ) ........................................................................ 3 ii. FIR No. 50/2023 (in Samsher Singh v. State of Uttar Pradesh and Anr. ) ......................................................... 8 iii. FIR No. 201/2023 (in Pinki v. State of Uttar Pradesh and Anr. ) ........................................................................ 9 B. CHILD TRAFFICKING 15 i. Global Context .............................................................. 15 ii.

Child Trafficking in India ............................................... 19 iii. Missing Children and Trafficking .................................. 25 C. ROLE OF EACH OF THE ACCUSED PERSONS ............ 47 D. ORDER PASSED BY COORDINATE BENCH IN CRIMINAL APPEAL NO. 3997 OF 2024 & ALLIED APPEALS CANCELLING BAIL GRANTED TO SOME OF THE ACCUSED PERSONS ..................................................... 60 E. GRANT OF BAIL BY THE HIGH COURT ........................ 61 F. SUBMISSIONS OF THE PARTIES ................................... 62 i. Submissions on behalf of the Appellants ...................... 62 ii. Submissions on behalf of accused persons; Santosh Sao and Jagveer Baranwal ........................................... 63 iii. Submissions on behalf of accused; Manish Jain .......... 64 iv. Submissions on behalf of the State ............................ 65 G. ANALYSIS ............................................................................ 66 i.

Broad Principles for Grant of Bail .............................. 70 H. CONCLUSION .................................................................. 80 * Ed. Note: Pagination as per the original Judgment. 528 1. Leave granted in all the Special Leave Petitions. 2. Since the issues raised in all the captioned appeals are identical, those were taken up for hearing analogously and are being disposed of by this common judgment and order. 3. These appeals arise from various orders passed by the High Court of Judicature at Allahabad releasing 13 accused persons on bail in connection with FIR No. 201/2023, FIR No. 193/2023, FIR No. 76/2023, FIR No. 74/2023 and FIR No. 50/2023 respectively registered for the offence punishable under Sections 363, 311 and 370(5) of the Indian Penal Code (for short, the "IPC"). 4.

These appeals have been filed by the victims of the crime, more particularly the kith and kin of the children who came to be trafficked, praying for cancellation of bail granted by the High Court to the 13 accused persons referred to above. In all these appeals the respondent no. 2 is the particular original accused. 5. Although notice has been served to each of the accused persons, yet only three accused, namely, Santosh Sao, Jagveer Baranwal & Manish Jain appeared before this Court for the purpose of opposing the plea for cancellation of bail. The others have thought fit not to appear either in person or through an advocate, to oppose these appeals seeking cancellation of bail. 6. We take notice of the fact that upon completion of investigation of all the three First Information Reports referred to above, chargesheets came to be filed in the Court of Special Chief Judicial Magistrate District Varanasi, Additional Chief Judicial Magistrate Court No.

5 District Varanasi and Chief Judicial Magistrate District Varanasi respectively. 7. The criminal cases, as on date, are pending for committal to the Court of Sessions. We also take notice of the fact that many of the accused persons, after being released on bail, have absconded and their whereabouts are not known to the police. A. FACTUAL BACKGROUND 8. Before we proceed further, we must give a fair idea as regards the three FIRs. Pinki v. State of Uttar Pradesh and Anr. i. FIR No. 193/2023 (in Sanjay v. State of Uttar Pradesh and Anr. ). a) The present case pertains to an interstate child-trafficking racket which profits from kidnapping, buying and selling of minor children, especially those children who come from an impoverished background. The appellant, Sanjay is a rag picker residing in Varanasi. He was sleeping on the pavement with his wife and four-year-old son, Rohit. On the morning of 15. 05. 2023, they woke up to find that their son was missing.

Initially, the police report indicated that the complaint filed by the appellant was one of a missing child, however, further investigation revealed that the case was one of child-trafficking as detailed in the Memo of Recovery in 193/2023 as follows: "Today on 21/05/2023, I, Inspector incharge, Ramakant Dube with my companion SI Prakash Singh, SI Prabhakar Singh, SI Shivam Shrivastav, Constable Mrityunjay Prasad, Constable Shivnand in Government Jeep No. UP 65 AG 0882 with driver constable Mahender Patel, departed from Police Station for prevention of crime, night patrolling in search of wanted criminals, were present at the Kamachha crossing. That we received an information via an informer that the video regarding child kidnapping which was viral on social media, a person involved in kidnapping of the said child is heading towards garbage place on the way of Nawab Gan and could be caught if immediate action is taken.

Believing this information, informed the fellow officials about this and after proper search of each other, reached the garbage place along with the informer and hidden ourselves behind garbage place and started waiting for the arrival of that man. After some time, a person was seen coming from the Ujala Hospital side. The informer pointed towards this man saying that he is the man who has stolen the child and went away from there. 530 We police officials were waiting for that person to come closer. On coming more closer, we caught him immediately using all the necessary force. The caught person after being searched and enquired about his name and address stated his name as Santosh Gupta son of Tulsi Gupta resident of Sinduriya Pokhari Shivdaspur, Police Station Manduadih, age 42 years. When he was searched, then a Samsung keypad mobile no.

9260964142, IMEI 357116099227517/ 357117099227515 was found from right pocket of his pant and two notes of 50-50 rupees each were found from left pocket of his pant. On strict interrogation he stated that we have a gang. We steal small children and sell them in Rajasthan, Bihar, Jharkhand to childless couples with the help of our agents for two lakhs to ten lakhs and the amount received in equally distributed among us. On 14/05/2023 night at about 03:00 o'clock I and my accomplice Vinay Kumar Mishra son of late Rajesh Kumar Mishra resident of Sinduriya Pokhari, Police Station Manduadih, Varanasi stole a 4 year child sleeping in with a husband-wife on the road near Ram Chander Shukla crossing, took him in an Ertiga car vehicle no. UP 65 ER 5183 and kept him with my accomplice Sikha Modanwal wife of Sanjay Modanwal resident of Sinduriya, Shivdaspur, Manduadih Varanasi. We sell them with the help of agents who are already connected with us. I have sent the Ertiga Car vehicle No.

UP 65 ER 5183 to Rajasthan to sell the child. I have removed the vest of the child whom we stole from Ram Chandra Shukla crossing and has kept it at my house and kept him with Shikha making him wear other clothes. Then we kept the child with our companions Mahesh Rana resident of District Kodarma, Jharkhand, Yashoda Devi wife of Mukesh Pandit resident of District Hazaribagh, Jharkhand, Sunita Devi wife of Mahesh Rana Pinki v. State of Uttar Pradesh and Anr. District Giridih Jharkhand and Mukesh Pandit, who help me to steal and sell the children and my son Shivam Gupta used to be with us in stealing and selling the children. Few days ago, we stole a Small Girl from Chowkaghat, a boy from under Alopibagh Over bridge, a boy and a girl from near Vindhyachal Station and a small boy from Nadesar and a small girl from Nagwa Lanka and sold them with help of my accomplices. Two children out of these were sold to Manish Jain, Paras, Ghanshyam and Jagbir Baranwal at Jaipur.

Rest of the children have been sold to Sunita Devi, Yashoda Pandit, Mahesh Rana resident of Koderma, Mukesh Mandit and Mahesh Rana residents Giridih. I can get the vest of child, who was stolen by us from Ram Chander Shukla crossing, recovered from my home. Thereafter with the hope of recovery of the clothes of kidnapped child, we went to the house of the accused with the police force. The accused going ahead gave a dusty white colored vest near the cupboard, on the neck and arm of which, a black band was available and he stated it to be the vest of the same child whom they stole on 14/05/2023. In the meantime, the complainant along with his wife arrived there and after looking at the vest, stated that this vest belongs to my son Rohit. He was wearing this same vest when he was stolen. The above-mentioned Vest was taken into police custody and kept with mobile in a plastic box and sealed and the currency notes recovered while searching were kept in an envelope and sealed.

The accused was informed about his act as a crime under sections 363, 311 of IPC and he was taken into police custody at 4:00 o'clock. The orders and directions of Supreme Court and National Human Rights commissions were strictly obeyed during arrest and recovery. The memo was prepared on directions of me 532 the inspector in the light of torch and streetlight by SI Shivam Shrivastav. Arrest memo was prepared on spot. The information of arrest of the accused was given to his father-in-law Gopal Shah. Memo is being read over and signatures are being obtained from all concerned. A copy of memo is being given to the accused. " b) There are in all 14 accused persons who have been chargesheeted in connection with FIR No. 193/2023 registered with P. S. Bhelupur, Varanasi referred to above. Out of the 14 accused persons, the bail of 5 accused persons have already been cancelled by this Court. c) The chargesheet came to be filed against the accused persons on 17. 07.

2023 for the offence punishable under Sections 363, 311, 370(5) of the IPC. However, the charges are yet to be framed on account of the persistent failure on part of the accused persons in to appear before the concerned trial court. d) The High Court had granted bail to several accused persons, namely Sunita Devi, Gudiya Devi, Manish Jain, Mahesh Rana s/o Ramlal Rana, Sangeeta Devi, Anuradha Devi and Santosh Sao, vide orders dated 12. 12. 2023, 04. 10. 2023, 21. 11. 2023, 08. 11. 2023, 15. 12. 2023, 15. 12. 2023, 09. 11. 2023, respectively, which were challenged before this Court vide SLP (Crl. ) Nos. 1041-1047/2024. Subsequently, vide order dated 24. 09. 2024, this Court was pleased to set-aside the orders granting bail to the accused persons in SLP (Crl. ) No. 1041, 1042, 1044, 1045 and 1046/2024 respectively, with the direction to the accused persons to surrender forthwith. The Special Leave Petition bearing SLP (Crl. ) No.

1043/2024 (R2- Manish Jain) and Criminal Appeal bearing CRL. A. No. 4002/2024 arising out of SLP (Crl. ) No. 1047/2024 (R2-Santosh Sao) are before us for consideration. Since the accused persons in SLP (Crl. ) No. 1041, 1042, 1044, 1045 and 1046/2024 respectively, failed to surrender and no action was taken by the police in furtherance to the aforesaid order, a Miscellaneous Application bearing No. 309/2025 came to be filed seeking Pinki v. State of Uttar Pradesh and Anr. appropriate directions to the State Police machinery to file a status report. It was only after this Court directed the respondent State to file an affidavit indicating the steps taken to comply with the aforesaid order, that the necessary action was taken to arrest the accused persons. They were arrested after more than five months from the passing of the order.

It is pertinent to mention that the accused persons failed to surrender despite non-bailable warrants (for short, "NBW") being issued against them from the Court of the CJM, Varanasi. As per the status report filed by the State, five accused persons, namely, Sunita Devi, Gudiya Devi, Mahesh Rana s/o Ramlal Rana, Sangeeta Devi and Anuradha Devi have been arrested. ii. FIR No. 50/2023 (in Samsher Singh v. State of Uttar Pradesh and Anr. ) a) The present case also pertains to the interstate child- trafficking racket which is alleged to have been run by the same accused persons against whom FIR No. 193/2023 was registered at P. S. Bhelupur, Varanasi. During the police investigation of FIR No. 193/2023, the present FIR No. 50/2023 came into the light. The appellant, Samsher Singh is a labourer who makes his living while taking shelter on the streets under Andhrapul Bridge in Varanasi. On 28. 03.

2023, his one-year-old daughter, Mohini, was kidnapped and upon realizing the same, the appellant and his wife started searching for their child frantically but were unable to locate her. Desperate and with no leads, the appellant filed a police complaint on 29. 05. 2023 at P. S. Chetganj, Varanasi. b) There are 7 accused persons who have been chargesheeted in FIR No. 50/2023 registered at P. S. Chetganj, Varanasi. Out of the 7 accused persons, the bail orders passed by the High Court of 3 accused persons are under challenge before us. c) The chargesheet came to be filed against the accused persons on 16. 09. 2023 for the offence punishable under Sections 363, 311 and 370 of the IPC. Thereafter, supplementary chargesheets dated 19. 03. 2024, 05. 06. 2024 and 12. 08. 2024 respectively, came to be filed under Sections 363, 311 and 370 of the IPC respectively. However, the charges are yet to be framed on account of nonappearance of the accused persons before the court concerned.

d) It is only after the intervention of this Court that the child was traced and found on 20. 03. 2025 from the custody of accused Anil Prasad Baranwal, R/o Krishna Nagar, Kolkata, West Bengal. iii. FIR No. 201/2023 (in Pinki v. State of Uttar Pradesh and Anr. ). a) The present case also pertains to the interstate child- trafficking racket which is run by the same accused persons against whom FIR No. 193/2023 was registered at P. S. Bhelupur, Varanasi. During the police investigation of FIR No. 193/2023, it was revealed that the present FIR No. 201/2023 had been registered at P. S. Cantt. , Varanasi against the gang members of the same child trafficking racket. On 29. 04. 2023, Smt. Pinki's one-year-old child, Bahubali, was kidnapped from Nadesar Cantt. , Varanasi while the minor boy-child was sleeping beside the appellant (Smt. Pinki), by the same members of the organized interstate child-trafficking ring.

Upon discovering that her son went missing at 2:30AM, the appellant filed a police complaint the following day at P. S. Cantt. , Varanasi, leading to the registration of FIR No. 201/2023 dated 30. 04. 2023. Initially, the police report indicated that the complaint filed by the appellant was one of a missing children, however, further investigation revealed that the case was one of child-trafficking as detailed in the Memo of Recovery in FIR No. 201/2023 as follows: "Today on 02/06/2023, I SI Saurabh Pandey along with my companion SI Vaibhav Shukla, Constable Anuj Kushvaha and Lady Constable Rubi Singh, departed from Police Station Cantt, Commissionerate Varanasi on dated 29/05/23 via GD 070 for investigation of present case Pinki v. State of Uttar Pradesh and Anr. and in hope of recovery of kidnapped child and arrest of accused as per the information provided by the accused arrested in FIR no.

193/23 Under Section 363/177/370(5) IPC namely Shikha Gupta and Manish Kumar Jain etc, for searching and clue, reached at Police Station Chandwara, District Kodarma, Jharkhand on 30/05/2023 and with the help of local police were busy in attempt to recovery of child and arrest of accused, then from Police Station Cantt constable Prem Shankar Patel and SI Anand Chaurasiya, Constable Sachin Singh, Constable Sumit Sahi Police Station Bhelupur, Commissionerate Varanasi and SI Ram Upadhyay, Constable Ejaz H u s s a i n P o l i c e S t a t i o n C h e t g a n j , Commissionerate Varanasi met us at Chandwara Highway in search of kidnapped children and in search of clue. At that time from Prayagraj Police SI Pavan Kumar Singh with his companions SI Vikas Yadav with SOG SI Dinesh Singh, Constable Rakesh Dube, Constable Piyush Vajpeyi, Driver Manoj Kumar Singh in vehicle no. UP70AG2572, with team in search of child Shani Bind related to FIR no.

76/23 under Section 363 IPC Police Station Daraganj, Commissionerate Prayagraj, met with us. There only, Inspector Madhav from Mirzapur police along with Head Constable Lal ji Yadav, Constable Brij Kishore Sharma, SI Daya Shankar Ojha, lady Constable Raksha Yadav, Driver Constable Prabhu Narayan with vehicle UP 32 BG 7504 in FIR no. 74/23 Under Section 363 IPC Police Station Vindhyachal, District Mirzapur for searching the kidnapped child Kajal, met with us. We all police officials after sharing the information about kidnapped children and arrest of accused, with the help of Chanwara Police, for searching of kidnapped children and arrest of accused, were present at highway. 536 Then an informer came and told us that Anuradha Nurse, you are searching for, is present at highway in front of Global Nursing home for going somewhere, if you move immediately then she might be caught. On believing this information, after joint planning, we all police officials moved ahead with informer.

On highway only, signalling towards a lady, the informer told that she is Anuradha Nurse whom you are searching and then the informer went away from there. Then we police officials went ahead towards that lady. That lady was enquired about her name and address with the help of lady constable Rubi Singh and also was searched. Then she stated her name as Anuradha Devi wife of Yogender Singh aged 37 years resident of Village and Post Office Lupung, Police Station Katkam Sandi, District Hazaribagh, Jharkhand. While searching two android mobile were found from her left hand (1) Oppo CPH2269, IMEI No. 86205005576687J/ S62050055766881 and (2) Samsung SM- G E I O F, I M E I - 3 5 8 9 7 2 0 8 1 4 4 6 9 1 4 / 358973081446912 were recovered. Informing about the above-mentioned incident, questions were asked from above mentioned Anuradha, then she told that I have purchased many children through Madan Baranwal, Manish Jain, Jagvir Baranwal, Ghanshyam and Gudiya and sold ahead.

Then I, the SI, asked her about the child who was stolen from Nadesar Cantt after showing his picture in the mobile then she said that this one year baby was sold to me by Jagvir in 2. 5 Lakh rupees. I have sold this child further in 3. 5 lakh through Kuldeep Paswan resident of Markacho to his some known one. After that the picture of the child stolen from Prayagraj was shown to Anuradha and she replied that she had sold this child to Santosh Sao of Pinki v. State of Uttar Pradesh and Anr. Majhgawan and still the child is with him. Thereafter Bhelupur police and SI Ram Upadhyay asked her about the girl child stolen from Choukaghat, Varanasi, then she said that about this girl, only Madan Baranwal can tell you about this child who is the relative of Jagvir and Manish Jain.

After that the Mirzapur police showed the picture of the girl child kidnapped from their area and enquired about her, then Anuradha said that Jagvir and Gudia had sold a four-five years old child to her in 45 thousand rupees and she sold her to Sangeeta wife of Tulsi Rana resident of Pogdanda working at Health sub center. I was involved in the purchase and sale of many other children. I can get recovered the children kept with Santosh and Sangeeta and can get Jagvir and Gudia arrested. Thereafter, after keeping Anuradha under supervision, we reached the place told by her at Manjhgawa at the house of Santosh Sav where Anuradha signalled towards a person who was carrying a child and told that this is the same child who was stolen from Prayagraj. On this we police officials enquired about the child from Santosh Sav through different questions.

He stated his name as Santosh Sav son of Bihari Sav aged 37 years, resident of Manjhgawa, Post Office Kako, Police Station Tilaiya Dam, District Kodarma, Jharkhand and when he was asked about the child strictly then he stated that he purchased the child for Rs. 4 lakh from that Anuradha who has come with you. Thereafter SI Pavan Kumar Singh sent the photo of child to her parents and got the child identified through video call from his father Vishnu Bind where he identified the child as his son Shani Nishad and the child also started weeping after getting emotional while seeing his parents on video call. Thereafter the child 538 was taken in security by Constable Piyush Vajpeyi and Santosh Sav was kept in supervision of Constable Rakesh. We police officials moved ahead with all of them. Anuradha further informed that the baby of Vindhyachal is still with Sangeeta Devi. On believing her, we departed for the village of Sangeeta Devi namely Pogdanda.

Outside of village only we saw a lady carrying a child in her lap. Signalling towards her Anuradha told that she is Sangeeta and the same child, about whom she was telling about. Thereafter, that lady was asked about her name and address and about that child with the help of Lady Constable Raksha Yadav. She told that my name is Sangeeta Devi wife of Tulsi Ram, age 34 years, resident of Village Pogdanda, Police Station Jainagar, District Kodarma. A mobile from her left hand Samsung Galaxy M O I S , I M E I 3 5 6 1 4 8 1 1 4 5 0 0 2 3 1 / 356149114500239, Mobile No. 990595469 was recovered. On being enquired about the child, she stated that she had purchased the child for Rs. 55 thousand from the same Anuradha who was with us and now I was going to searching a customer for selling the child while you caught me.

Thereafter, the recovered child was handed over in security of Constable Prem Shankar Patel and Sangeeta Sao was handed over in the monitoring of lady constable Raksha Yadav and departed in search for the house of Gudiya as per the information given by Anuradha and after informing Police Station Tilaiya, reached the house of Gudiya at Gandhi School Road, Tilaiya, Kodarma. Where she was found present. She was brought with lady constable Rubi Singh after informing Police Station Tilaiya, we departed towards Police Station Chandwara. We reached near Chandwara Police Station, a person was walking on the road, signaling Pinki v. State of Uttar Pradesh and Anr. towards whom Anuradha said that he is Jagvir about whom I was telling. Thereafter that person was stopped by us and he was told about the incident and inquired.

Then that person was shocked on seeing Anuradha, Gudiya, Sangeeta and recovered children and accepted his mistake and apologized for his mistake and told that my name is Jagvir Baranwal son of Sahdev Modi, aged 41 years resident of village Mahugai, Post Office and Police Station Chandwara, District Kodarma, Jharkhand. One of my relatives is Manish Kumar Jain resident of Jaipur, through him I came into contact with a lady from Banaras namely Shikha Gupta who with the help of her companions Vinay, Tannu and Santosh steal children and used to give to me and I with the help of Gudiya and Anuradha sell them after finding customers. Thereafter Jagvir Baranwal was searched and from his right hand a Galaxy A 30S, IMEI 35857711144744/ 358578101144742 android was found. Then Gudiya, who was with us, apologized stating that she knew Madan Baranwal, Jagvir Baranwal, Manish Jain and Anuradha for a long time and I help to sell children with help of them and I receive commission for that.

My name is Gudiya Devi wife of Sakal Dev Yadav, age 30 years, resident of Gandhi School Road, Tilaiya, Kodarma. Sir, I also have a keypad mobile, I am giving the same to you. When keypad mobile was seen, it was of blue colour NOKIA keypad mobile IMEI of which is 357749105458963. Santosh Sao who was present with us also recovered a keypad mobile. When it was seen, it was found black colour Itel Mobile, the IMEI of which is 357278443860326/ 357278443860334. The accused present on spot Jagvir Baranwal and Santosh Sav above mentioned and accused Anuradha Devi, Sangeeta Devi and Gudiya Devi 540 above said were told about the sections 363/311/370 IPC and taken into police custody at 11:05 hrs. During the arrest and recovery of children, people were gathered there who were told for witness but in fear of evil and good, they went away from there. The orders and directions of Supreme Court and Human Rights commissions were obeyed.

Memo of recovery and arrest was prepared on spot and was read over and signature are being obtained and recovered mobiles phones were sealed and stamped. Information of arrest will be given to the family members through proper channel. A copy of memo for accused is being given to Jagvir Baranwal with their consent. " b) There are ten accused persons who have been chargesheeted in connection with FIR No. 201/2023 registered at P. S. Cantt. , Varanasi. Out of the ten accused persons, the bail orders of three accused persons have been cancelled by this Court in proceedings arising out of FIR No. 193/2023. The legality and validity of the bail orders passed by the High Court as regards six co-accused is now falling for our consideration. c) The chargesheet came to be filed against the accused persons on 07. 09. 2023 for the offence punishable under Sections 363, 311 & 370(5) of IPC respectively.

However, the charges are yet to be framed on account of non- appearance of the accused persons before the court concerned. 9. The details of the committal court proceedings as regards the aforementioned three FIRs are as follows: "i. FIR No. 193/2023 Before Special CJM, District Varanasi Criminal Case No. 93745/2023 Cause Title: State v. Anuradha Devi & Ors. Stage: For Committal NDOH: 21. 04. 2025. Pinki v. State of Uttar Pradesh and Anr. ii. FIR No. 50/2023 Before Additional CJM, Court No. 5, District Varanasi Criminal Case No. 113651/2023 Cause Title: State v. Manish Jain & Ors. Stage: For committal NDOH: 01. 04. 2025 iii. FIR No. 201/2023 Before CJM, District Varanasi Criminal Case No. 118963/2023 Cause Title: State v. Kuldeep Paswan @ Kuldeep Ram & Ors. Stage: For committal NDOH: 03. 04. 2025" B. CHILD TRAFFICKING i. Global Context 10.

The UN Convention on the Rights of the Child, 1989 (CRC), recognises the importance of family and the importance for a child to grow in a family environment. 1 It also casts a duty on the State to ensure that children should not be separated from their parents against their will except when it is in the best interests of the child. Adoption is considered an alternate care mechanism for children who are unable to live with their parents due to various circumstances and adoption is preferred over institutionalisation. 11. In 1993, The Hague Convention on Protection of Children and Cooperation in Respect of Inter-country Adoption2 was introduced to have a global regulatory system to ensure that adoptions take place through a state approved mechanism and inter-country adoptions take place after exhausting adoption/placement opportunities domestically. The principle of "subsidiarity" is one of the guiding principles of this Convention.

The States which have signed and ratified these conventions have also framed domestic regulations conforming to 1 Convention on the Rights of the Child arts. 7 & 8, Nov. 20, 1989, 1577 U. N. T. S. 3. 2 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993, 1870 U. N. T. S. 167. 542 the International Conventions and created institutions to implement the same. 12. In the year 2000, there was a global acknowledgement of trafficking in persons was taking diverse forms and hence, it was collectively decided that studying and recognising the trafficking processes vis- à-vis the purpose for which such trafficking was being done, was important. This enabled recognising a pattern used by traffickers for different end results.

In the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" supplementing the UN Convention against Transnational Organised Crime, "trafficking" has been defined under Article 3 of the Protocol as follows: "(a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person under eighteen years of age. " 13. Over the years, demands for adoption of children have increased and there is a significant waiting period for prospective parents to Pinki v. State of Uttar Pradesh and Anr. adopt.

At any given point in time, there are parents waiting for at least 3-4 years to adopt. Even after being processed and children being matched, the necessary verification processes also take a long time. Such long delays have created an increase in the demand for children who are declared legally fit for adoptions, and has consequently attracted trafficking of children for the purpose of adoption. 14.

In 2016, in her thematic report, the UN Special Rapporteur on the sale of children, child prostitution and child pornography, documented illegal adoptions and concluded that "adoptions resulting from crimes such as abduction and sale of and trafficking in children, fraud in the declaration of adaptability, falsification of official documents or coercion, and any illicit activity or practice, such as lack of proper consent by biological parents, improper financial gain by intermediaries and related corruption, constitute illegal adoptions and must be prohibited, criminalised and sanctioned as such". 3 The Report documents demand for children as a major enabling factor for the criminal networks to engage in large scale abduction and sale of children. 15.

There is global recognition for the duality of the crime committed during the course of illegal adoption, namely, illegal adoption where the parent has participated in the commercial transaction of transferring custody of the child or cases where the parent does not have any financial gain but the adoption itself is illegal. 16. There are sporadic reports of cases of kidnapping for placing children in adoption. A documentary filmmaker has written about cases in China where children went missing/were kidnapped and placed in adoptions in the United States. 4 There are various reports of Ukrainian children being kidnapped and placed in Russia and Guatemalan children kidnapped and placed in illegal adoptions abroad. ii. Child Trafficking in India 17. Article 23 of the Constitution of India recognises trafficking and prohibits the same. Article 23 reads thus: 3 Report of the Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, U. N. Doc. A/HRC/34/55 (Dec.

22, 2016). 4 Charlie Custer, Kidnapped and Sold: Inside the Dark World of Child Trafficking in China, The Atlantic (July 25, 2013). 544 "23. Prohibition of traffic in human beings and forced labour. 1. Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. 2. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. " 18. The identification of forced labour, specifically in 1950 indicates that at that time, trafficking was confined to certain forms. Trafficking in Persons (for short, "TIP") in India has taken diverse forms and almost each of them is prevalent across the country.

An overall analysis of trafficking patterns across states reiterates the prevalence of trafficking in large numbers with the number of cases sharply rising with time. What is of concern is the rapid spread of the problem with previously unknown factors getting embedded in the web of traffickers. Changing trafficking patterns have brought along changes in the traffickers, their modus operandi, their manipulation of the victims and their understanding of the limitations in the criminal justice system. As the instances shared hereinabove indicate, the traffickers are operating with impunity and have deftly adapted to the advances in technology using it to their benefit. 19.

Following the definition in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the UN Convention against Transnational Organised Crime and after signing and ratifying, Indian government adapted by way of an amendment in 2013 to the Penal Code added Sections 370 and 370A of the Indian Penal Code. Subsequently, the enactment of the new criminal laws essentially replicated the same provisions that were existing as Section 370 and 370A of the IPC respectively into Section 143 and 144 BNS respectively. 20. Trafficking in persons now is more expansively defined. In addition to the conventional understanding of trafficking being synonymous to sex trafficking and forced labour, trafficking includes other forms Pinki v. State of Uttar Pradesh and Anr.

as long as there is "recruitment, transportation, transfer, harbouring or receipt of person" for the purposes of exploitation using threat, using force, forms of coercion, abduction, fraud, deceit, abuse of power or vulnerability or consideration to get consent. The definition is inclusive in nature giving room for emerging forms of exploitation to be included as TIP. Consequently, an exercise to understand the expanse of trafficking needs to intrinsically examine the means of the process of engagement without getting limited to the form. 21. In the present child kidnapping racket, the traffickers are well networked through their smartphones sharing information, photographs, transferring money, sharing locations etc. Their operations, the relative ease with which they are able to operate and procure buyers for selling the children outside their states indicate that they are aware of the technology, they recognise demand, and they recognise the need to operate as a network. 22.

It is critical to note the number of cases that were tracked in such a short time span. This indicates that these kidnappings have been taking place in large numbers on a regular basis and there is an urgent need to consolidate these cases and examine them to be able to identify patterns. 23. Child selling is not new to this country. There was a time when children were being sold as part of inter-country adoptions and this Court had passed detailed judgements acknowledging the same. This Court in Lakshmi Kant Pandey v. Union of India reported in (1984) 2 SCC 244 dealt with the issue of malpractices and trafficking in children in connection with adoption of Indian children by foreigners and its commercialisation. This Court took note of the fact that large amounts were being demanded by ill-equipped and sometimes even undesirable organisations or individuals camouflaging trafficking and sale of children as inter-country adoption.

In order to protect the welfare of children, this Court, in consultation with several social and child welfare institutions, laid out a comprehensive framework of normative and procedural safeguards for regulating inter-country adoption as protection against abuse, maltreatment or exploitation of children and to secure them a healthy, decent family life. While formulating standards and procedures, this Court referenced various relevant laws and policies including Articles 15(3), 24, and 39 of the Indian Constitution regarding child welfare, and the principles 546 embodied in the U. N. Declaration on the Rights of the Child (1959).

The delineated safeguards include, amongst several others, the requirement that foreigners wishing to adopt be sponsored by relevant licensed agencies in their own country, that no adoption application from a foreigner should be entertained directly by any adoption agency in India, that agencies working on inter-country adoptions and licensed by the Government of India must meet certain stipulated criteria and undertake specific responsibilities in ensuring the safety and wellbeing of adopted children, and that all inter-country adoption proceedings must be approved by the local courts. 24. Over the years, human trafficking has manifested into various forms of exploitation and child trafficking has increased. It has been documented that children are being trafficked for: i) Sexual exploitation; ii) Forced labour; iii) Begging and petty crimes; iv) Armed conflict; v) Child marriage; vi) Illegal adoption. 25. Each of the above has further manifestations within itself.

Trafficking for forced criminality is raising at alarming levels since traffickers have realised the protections offered to children in the juvenile justice system in many jurisdictions. A protection mechanism for children is exploited as a safe haven for committing heinous crimes. 26. Following the judgment in Lakshmi Kant Pandey (supra) in the year 1990, the Central Adoption Resource Authority (CARA) was set up by the Government of India to regulate, monitor and promote adoption of orphaned, abandoned or surrendered children. Initially, CARA was registered as a Society under the Societies Registration Act, 1860. Over the years, CARA processes were made an intrinsic part of the Juvenile Justice system.

Through Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, the "JJ Act, 2015"), CARA attained the status of a statutory body with the mandate to promote and regulate adoptions, facilitate interstate adoptions, frame regulations on adoption related matters and regulate inter-country adoptions. Pinki v. State of Uttar Pradesh and Anr. 27. The JJ Act, 2015 is a secular Act which specifies in Section 58(1) that any person irrespective of religion can adopt a child. Section 56(3) of the Act states that nothing in this Act shall apply to adoptions under the Hindu Adoption and Maintenance Act (HAMA). As per Section 56(4) of the JJ Act, 2015, all intercountry adoptions are done as per the provisions of the Act and the Adoption Regulations framed by CARA.

The categories of children available for adoption are seen from a reading of Section 38 of the JJ Act, 2015 as per which orphaned, abandoned and surrendered children who are declared legally free for adoption by the Child Welfare Committee can be placed for in-country and inter-country adoption. The eligibility criteria for prospective adoptive parents is prescribed under Section 57 and the procedure for adoption by Indian prospective adoptive parents living in India is given in Section 58 of the JJ, Act 2015 respectively. Under Section 61 of the JJ Act, 2015 before issuing an adoption order, the Court is required to satisfy itself that there is no payment or agreement to pay or reward any consideration from the prospective adoptive parents to the Specialised Adoption Agency, except towards the permitted adoption fees or service charge or childcare corpus. 28.

Due to the checks and balances provided in the statute and CARA regulations, adoption becomes a long-drawn process and there is a huge waiting list for parents to adopt children. There are not enough children who are declared "legally free for adoption" under the law. This seems to have led to a demand for children and traffickers taking advantage of this demand. 29. Lakshmikant Pandey (supra) primarily dealt with cases where the biological parents were coerced in diverse ways to part with their children and then those children were given in adoption to prospective parents outside India. In the present set of cases, a cognizable offence is made out at the outset with the kidnapping of children, multiple transactions of the sale of children ultimately handing over custody illegally. iii. Missing Children and Trafficking. 30. In Bachpan Bachao Andolan v. Union of India & Ors.

, reported (2014) 16 SCC 616, this Court dealt with issues regarding the manner in which a complaint about a missing child was being handled by the local police station. The Court heard the National Human Rights 548 Commission and the National Legal Services Authority and issued directions with a view to ensuring that cases of missing children are presumed to be taken as cases of abduction or trafficking unless the investigation shows otherwise. Some of the key directions issued by this Court which are relevant for the present case are: "1. ... in case of complaint with regard to any missing children made in a police station, the same should be reduced into a First Information Report and appropriate steps should be taken to see that follow-up investigation is taken up immediately thereafter. 2. ... in case of every missing child reported; there will be an initial presumption of either abduction or trafficking, unless, in the investigation, the same is proved otherwise. ... ...

whenever any complaint is filed before the police authorities regarding a missing child, the same must be entertained under Section 154 Cr. P. C. However, even in respect of complaints made otherwise with regard to a child, which may come within the scope of Section 155 Cr. P. C. , upon making an entry in the Book to be maintained for the purposes of Section 155 Cr. P. C. , and after referring the information to the Magistrate concerned, continue with the inquiry into the complaint. [... ]" 31. Sometime in 2023, the National Human Rights Commission (NHRC) entrusted the study on Human Trafficking to the Bharatiya Institute of Research and Development (BIRD), New Delhi. The report filed by BIRD dated 12. 04. 2023 has recorded the following major findings of the study: "Preventive Measures, Profile of Victims & Their Exploitation 1. NCRB Data shows that during 2019, about 3. 80 Lakh persons were traced missing and out of them, about 2/3rd were females.

Out of total missing persons, a significant number of persons could not be traced out and remained missing. This shows that a large proportion of missing persons particularly women were forced into sexual exploitation trade. The Supreme Court while hearing a case in 2013 directed police that cases of missing children Pinki v. State of Uttar Pradesh and Anr. should be treated as abduction or trafficking until proven otherwise, it is yet to become a reality. 2. Most of the trafficked respondents (80. 7%) were from economically weaker sections i. e. , BPL families (50. 3%), AAY-Antyodaya Anna Yojana (30. 4%) (Poorest of Poor) hailing from Rural & Semi-urban areas. 3. Friends/lovers/brokers/middlemen, strangers and migrant workers recruiters / placement agents were the main persons who initiated victims in trafficking; about 12% victims admitted that their family members are already trafficked. 4.

About 11% victim respondents were found minor at the time of trafficking and thus, they were accompanied by family members during the course of trafficking. As per NCRB Data for 2019 this comes to 44. 04% (2914 victims were minor out of total 6616 trafficked victims). Promise for paid work, to pay back or support parents were the main reasons for trafficking in case of minor at the time of trafficking. 5. Sexual exploitation, violence, beating, over work and deprivation of sleep and food were some of the types of physical and sexual abuse/violence experience by trafficking victims and sex workers. About 58% victims also experience injuries during their trafficking. 6. Victim re-trafficking is a common occurrence, especially in socially and economically disadvantaged areas. As per Report of International Organisation for Migration (IOM), one study found rates of re-trafficking in India to be 25. 8 per cent among women trafficked for sexual exploitation; of this figure, 8.

4 per cent had been trafficked on three or more occasions. 7. There is an increase in the recruitment of vulnerable people for online sexual exploitation by traffickers, as well as a growing market for child sexual abuse material and technology facilitated child sex trafficking. 8. Many trafficked people (8%) are still unable to access governmental help due to administrative hurdles especially 550 victims hailing from Bangladesh, Nepal & Myanmar. One of the most difficult parts is determining legal status/ Identity. Trafficked people are frequently refused state services (e. g. , medical, employment, social assistance, kindergarten, etc. ) as well as other advantages to which they should be entitled and which are critical in the reintegration process. 9. A negligible proportion (10. 8%) of Law Enforcement Agency respondents & 7.

6% Programme Administrators admitted that there has been some kind of vulnerabilities survey in their States, it was reported from Tamil Nadu followed by Assam and Karnataka. 10. It is reported that Domestic Work is offered to the majority of trafficked victims or migrant workers, particularly females, by traffickers/placement agencies/migrant worker recruiters, etc. 11. Domestic workers, caretakers, and those employed in the sex and entertainment industries are largely unprotected by labour laws. Female migrants may be coerced into prostitution or the sale of sexual favours in order to survive or provide for their family, especially if they are forced to migrate or are displaced. Sexual exploitation is a threat to migrant women. 12.

The types of physical and psychological abuse human trafficking victims experience have led to serious mental or emotional health consequences, including feelings of severe guilt, posttraumatic stress disorder, depression, anxiety, substance abuse (alcohol or narcotics), and eating disorders. Victims of trafficking were in need of psychological care as part of comprehensive medical treatment. Stress, depression, sleeplessness, desperation, negative thinking, sort temper and violence and lack of obedience were some of the psychological impacts of human trafficking. 13. Violent exploitation has resulted in survivors developing a mistrust of care-giving individuals and systems, which has severely hindered the service delivery. Pinki v. State of Uttar Pradesh and Anr. 14. Prolonged physical and mental abuse has affected victim's behaviour in negative ways, having an impact on both physical and emotional responses.

Because trafficked persons experienced extreme forms of trauma over long periods of time, their capacities both to understand what has happened to them and to describe their experiences are directly impaired as a result of such abuse. Victims found that it is difficult to make personal sense of the abuse they have experienced, much less tried to explain it to the authorities of shelter home or counsellors. 15. Social withdrawal, poor communication skills, inability to express feelings, difficulty with adjustment, lack of motivation and aggression, sexual activeness, nightmares, inability to make friendship and frightened of adults and strangers were some of the behavioural impacts reported by victims of human trafficking. 16.

The level of awareness about schemes and programmes among the trafficked victim respondents was reported very low as negligible proportion of respondents were found aware about a few schemes such as Beti Bachao, Beti Padao, Swadhar Greh, Ujjawala, child line and children's homes. A negligible proportion of respondents further reported that they get benefits under Ujjawala, Swadhar, compensation for sexual exploitation and children homes scheme. 17. Only 3. 6% victim respondents were aware about Compensation Scheme for Women Victims/Survivor of Sexual Assault/other crime-2018 and only 2. 6% respondents got benefitted from the Scheme. The Victim Compensation Scheme established under 357- A Cr. P. C. by National Legal Services Authorities are not reaching the trafficked victims. In the last seven years, between 2012 and 2019, across India, not even 100 victims of human trafficking have been awarded compensation.

Out of total 100 applications, only 30 survivors received compensation amount. In 19 States, out of the total fund allocation of Rs 544. 53 crore for victim compensation, only 128. 27 crore has been utilized and 75 per cent of the funds remain unutilized. 552 18. About 1/3rd victim respondents reported that their family is unwilling to accept them back. However, about 2/3rd victims were willing to join mains steam after exit of the trafficking. Slightly less than 1/3rd victims further reported that they try to escape from destination of trafficking. 19. Less than 1/3rd sex workers reported that their families are willing to accept them back in their families. Similarly, majority of rescued victims were found willing to join mainstream as against 1/3rd of sex workers who were willing to join mainstream at the exit of trafficking. More than 2/5th rescued victims attempted to escape from destination of trafficking as against 6% of sex workers who try to escape from the trafficking. 20.

There are still a lot of social customs/practices that inducts young girls into prostitution. 21. Majority of the sex workers were from the age group of 16 years and above at the time of entry in sex profession. However, more than 1/4th respondents were less than 16 years of age. 22. There is no sound programme and scheme to prevent second generation of prostitutions. 23. Psychological manipulation, threat of physical violence and pleasure are some of the main habituation factors in sex profession. 24. About 60% sex workers are willing to exit from the profession. Most of the respondents reported that they do not want that their children follow their mother's profession. However, majority of them require the support such as livelihood and accommodation, alternative livelihood and safe and secure place to live in order to exit from the current profession. 25. A new form of organized Prostitution has emerged in recent years.

Gangs involved in organized prostitution are luring customers through internet, text messages and mobile based applications, taking advantage of a loophole in the law which is silent on regulating the proliferation, Pinki v. State of Uttar Pradesh and Anr. promotion and advertisement of prostitution on digital platforms and even though leaflets /pamphlets. In the name of Cross Gender Massage Services, Organized Sexual Services are being provided at Night Clubs, Massage Parlours, Spas, Luxury Hotels & Resorts, Motels, Dance Bars, Private Residences, huts and even vehicles etc. 26. Poverty and illiteracy have been identified as two primary causes of trafficking and primary data simply supports this theory as most of the parents of trafficked victims are illiterate and were living in object poverty. 27. About 60% parents of victim respondents said that family members are the facilitators followed by friends/ relatives (11. 8%), contractors/agents (5. 9%) and placement agencies (2. 9%).

Surprisingly 23. 5% respondents reported that their children run away from home. 28. Most of the (about 37%) parents reported that their children were working as forced labour-domestic works. 29. About 31% parents reported that their children were working in hazardous industries, metallurgical industries, coal, fertilizers, mining, chemical & petrochemicals, cement and firecracker workshops. As per census of 2011, this figure is 20. 7%. 30. There is a lack of National Level Campaign against Human Trafficking and Media is silent. 31. About 2/5th Law Enforcement Agency respondents reported that the problem of human trafficking is serious and this has been taken as priority in their agency. Even less than 1/3rd respondents viewed that human trafficking is very serious problem. It was found more pronouncing in Tamil Nadu followed by Karnataka and West Bengal. 32. A negligible proportion of Law Enforcement Agency respondents (7.

5%) admitted that placement agencies that facilitate migration are registered with law enforcement agency. It was found more pronouncing in Tamil Nadu followed by Karnataka and Maharashtra. Thus, most of the respondents revealed that placement agencies are 554 not registered with them. Thus, there is possibility of exploitation of girls during their migration. 33. The main reasons for non-stoppable trafficking as per law enforcement agencies were recorded mainly poor economic conditions, social customs, gender inequality, negligible penalties, domestic violence and poor law enforcement. However, prosecuting officers reported that poor economic conditions, poor law enforcement, negligible penalties, corruption, social customs, gender inequalities and inadequate laws are important reasons responsible for human trafficking. 34.

Majority of stakeholders during FGDs informed that it is necessary to identify appropriate points of intervention so that migrants and future migrants are warned about the dangers and repercussions of human trafficking and get information that allows them to seek help if necessary. 35. Poverty, lack of means of livelihood, many girl children, lack of education, child marriages, and domestic violence are some of the major trafficking vulnerabilities. However, trafficking vulnerabilities vary across the stakeholders such as victims, law enforcement agencies and traffickers. 36.

Poverty along with gender discrimination, domestic abuse/ violence, organized crime/ poor law enforcement, social inequities and cultural practices are some of the supply side factors of human trafficking and Cheap labour force, cheap domestic servants / maids, demand for women's sexual services and derived demand-profit and revenue generated by third parties including recruiters are some of the demand side factors responsible for human trafficking identified in this research. 37. Abuse of vulnerability/promise and offering money / jobs, allurement/ be funding / enticing with attractive offers, deception, fraud making, false promises of marriage, physical force / use of force and threats were some of the modus operandi of traffickers. 38. A negligible proportion of victims (5. 3%), traffickers (0. 0%), parents (0. 7%) and client's (4. 8%) respondent Pinki v. State of Uttar Pradesh and Anr. were found aware of National Human Rights Commission.

The awareness level was found slightly significant among women and children victims followed by clients. The main sources of information about NHRC were reported to be NGOs followed by print media and electronic media. 39. About 56% of respondents, who were aware about NHRC, were partially aware of role and functions of NHRC. It was found more pronouncing among the parents followed by women and child victims, law enforcement agencies and clients. Slightly more than 1/3rd respondents were found fully aware of role and functions of NHRC. It was found more pronouncing among the public prosecutors followed by programme administrators. About 1/3rd clients and more than 1/4th service providers were not aware at all about the roles and functions of NHRC. 40.

Insufficient and inadequate laws, poor enforcement, ineffective penalties, minimal chances of prosecution, the relatively low risks involved, corruption and complacency, poor visibility and less debate on the issue, the lack of political will of the governments to implement policies and to provide adequate services for victims- all has played important role in perpetuating trafficking. 41. It has been also expressed by all stakeholders that people who takes up the cudgels against trafficking are in miniscule. It becomes difficult to combat because everyone (trafficking camp) is unified. The profiting families are also reluctant to talk. " 32. The report thereafter talks about law enforcement, traffickers and exploiters. The same reads thus: "Law Enforcement, Traffickers & Exploiters 1. AHTUs in India are special police units, devoted to tackle human trafficking.

Following MHA advisory (July 2020), a recent report of 16 states and UTs suggest that 225 AHTUs existed only on paper, and only 27 percent of the AHTUs were operational. Most of the AHTUs are designated AHTUs burdened with a lot of other law enforcement activities. The Anti Human Trafficking Units 556 (AHTUs) are not fully operative & Dedicated to Human Trafficking and in many districts of India, AHTUs have not been established so far. 2. Anti-Human Trafficking units (AHTUs) are currently under-resourced as well as undertrained. AHTUs are not fully aware about various legislations and sections dealing with human Trafficking. 3. According to the Protocol, rescue teams should include: an official from the Department of Labour, representatives of the CWCs, a local non-profit, a doctor, and a female police officer or volunteer. These individuals must receive training on relevant laws, their individual responsibilities, and trauma prevention strategies.

However, research participants reported that, in reality, teams are often too small to cope with the numbers of children needing rescue. Police officers, doctors, and female witnesses only sporadically take part. Key informant data suggests this overreliance leads to ad hoc and under-resourced raids directed by inexperienced or poorly supported workers, a situation that can and does inflict additional trauma on vulnerable children. 4. The Rescue Protocol states that details of the rescue and the identities of rescued children must remain strictly confidential, and should not be disclosed to outside parties, including the media. Yet privacy breaches concerning occurrences and information leaks before, during and after raids are frequent. 5. Service Provider Respondents stated that employers are often alerted to impending raids, and that unsuccessful rescue operations can increase the risk of employers retaliating against children. 6.

Most of the Government official stated that rescue team members directly solicit media involvement so 'the public could understand that this type of activity is a crime and punishable offence'. Publicity generates risks of retaliation against rescued children, increased social stigma and difficulty in reintegration. Moreover, widespread Pinki v. State of Uttar Pradesh and Anr. sensationalized media coverage of raids plays an important role in simplifying the complex underlying social and economic problems that perpetuate this problem. 7. Key informant interviews held with police officers, Government Railway Police (GRP) and Railway Protection Force (RPF) and other stakeholders-Child Welfare Committee members, NGO representatives, and vendors in railway stations, reveals that most cases of trafficking are not registered or reported which is the major reason for the declining trend in reported cases of trafficking.

It is reported that Memo/GD entry is made by GRB/RPF and children are handed over to Child Welfare Committee in most cases. Some of them are left without any enquiry/ record. 8. The terms "human trafficking" and "migration" are being used interchangeably, resulting in the denial of labour rights. It's crucial to understand the difference between "trafficking," "sex work," and "migration. " 9. Human Trafficking incidents are underreported as a result, the complainant is compelled to file a complaint through court order, while the offending police officers walk free. There are cases of refusal by police to file a complaint on the basis of jurisdiction/area, despite the fact that any police station can file a complaint and the investigation can be moved to the appropriate police station. 10. There are several reasons for non-registration of cases. It varies from case to case. The police officials are not much aware of IPC section 370.

It is clearly provided in explanation-2 of the Act that the consent of the victim is immaterial in determination of the offence of trafficking, most of the police officers don't accept it. In the case of Bhagubhai Patel v State of Gujarat, the High Court held that a customer at a brothel comes within the purview of sec 370 of the IPC because trafficking also includes prostitution, the reason being that it is one type of exploitation. 11. The police are burdened with so many responsibilities as there are vacancies in police stations. Hence, they 558 are reluctant as they cannot investigate the entire chain which crosses over three to four states. No coordination mechanism is available between source and destination states. Even if victims are rescued and sent back to their home, there is no rehabilitation package under IPC which would result in leaving the victims unprotected.

There will be also problem in filing charge sheet, trail and other proceedings for which the victims will not either coordinate or turn hostile. Corruption, pressure from superiors/politicians and lack of review mechanism force the officers in non-reporting of incidents. Moreover, the child protection mechanisms are very weak and they are not properly enquiring the victims and following the procedures. They don't have any power or authority to influence the police officers. 12. The major challenges being faced by agency in encountering with investigation of cases frequently reported of lack of victim cooperation/victim distressed, community ignorance and lack of identity as Victims do not identify themselves as a Victim.

However, other important challenges were reported to be language /cultural barriers, lack of adequate resources, victims do not identify themselves as victims, lack of support with victim support providers, lack of adequate training and knowledge as well as lack of procedures and clear jurisdiction. 13. NGOs and Service Providers reported that most of the AHTU or police relied on NGOs to report victims to the police for action. In some cases, poor inter-state coordination impeded victims' ability to obtain services and participate in civil and criminal cases upon return to their home states. The Odisha Labour Department took steps to improve interstate coordination on labour trafficking cases by establishing help desks, located in the capital cities of Telangana and Andhra Pradesh, as well as in Delhi, to identify trafficking victims from Odisha. 14.

International Justice Mission (IJM) and other NGOs reported that some officials in Uttar Pradesh, Tamil Nadu, Telangana and Karnataka treated bonded labour Pinki v. State of Uttar Pradesh and Anr. cases as labour exploitation, which meant victims were not identified as bonded labour victims, did not receive "release certificates," and were not eligible for government compensation or services. In the Bonded Labour Abolition Act, the definition of accused restricted to the principal employer and leaves traffickers out of the ambit of prosecution. 15. Labour department officials do not register FIR in most of the cases as mandated under law as there is confusion & disagreement about who has this responsibility. The resulting consensus is that employers are 'rarely' or 'never' arrested & unlikely to be convicted. Official figures for 2015 show that nationwide only 55 cases of child trafficking for any purpose 1. 09% resulted in convictions out of 5,026 under investigation. 16.

Most of the traffickers during interaction told that they are also involved in drug peddling but they were always arrested on grounds of human trafficking rather than for drug peddling as they get bail easily in trafficking cases. Justice S K Panigrahi of Odisha High Court. Justice Panigrahi has heavily commented on this issue as reported in TOI: 02. 07. 2020. Drug trafficking is linked to many forms of trafficking including diverse forms of labour trafficking in agriculture, begging and diverse forms of hard physical labour. 17. Associations with traffickers with Pan India Network of Traffickers & smugglers is the basic reason for about half of the respondents for getting involved in flesh trade, whereas more than one third (37%) respondents have reported that earlier they were Sex Workers/Broker/Pimps, about 8% have reported that earlier they were brothel owners. 2% respondents were practicing their inherited business. 18. Most of the traffickers (79.

6%) reported that they traffic the victims on promise of money/ jobs and they directly contact to the family/victims through their placement agencies. Placement agencies are playing a major role in trafficking minor girls as well as children for the purpose of labour, sex slavery and forced marriages. 560 19. The traffickers have changed their modus operandi with the changes in law and society. In most of the cases the trafficker is known to the victim who convinces the victim and her/his family and further sell them over to placement agent. 20. For objecting the work given by placement agencies, the victims are tortured, thrashed and beaten up badly, many times these victim girls report sexual violence and assault by the placement agents and even by their employers. The girls are kept confined in the placement agencies till the time they are sold further. These placement agencies keep on changing their addresses, name and contact details to escape from law. 21.

Most of the Traffickers (98%) reported that Relatives / family members, neighbour / friends and other middle men are playing critical role in making women and children more vulnerable to join trafficking. 22. Big profit and lack of alternative livelihood for trafficker are the main reasons for continuity act of human trafficking. 23. Witness turning hostile, protection of victims and witness, court adjournment and victims pleading guilty were some of the major difficulties being faced by Law Enforcement Agencies in working with cases of human trafficking. 24. The phenomenon of flying sex workers is increasing day by day and has been attributed the reason behind flourishing of brothels. 25. More than 2/5th brothel keepers reported that police raids thrice and above in a month in the brothels. The main reasons for police raids were reported to be checking of minor girls, law and order problems and for official figures.

More than 1/4th brothel keepers reported that Police Raids the brothel when monthly quota is not given to them. About 1/4th respondents reported that they are often involved in contact with police. About 30% respondents reported that police are also involved in racket of trafficking. Pinki v. State of Uttar Pradesh and Anr. 26. Only 7. 9% clients reported that they were ever harassed by Police and those who were harassed 4. 8% clients reported that they were harassed occasionally whereas 3. 2% reported that were rarely harassed. Clients those who were harassed by Police were asked what was the action taken by Police when encountered. 6. 3% Clients reported that Police extracted money from them and 1. 6% reported that they were verbally abused. 27.

Easy bail for traffickers, intimidation and humiliation of victims, and baseless segregation of survivors/accused following rescue operation from brothels during complaint filing are the major gaps in the enforcement mechanism to combat human trafficking. 28. Most of the Law Enforcement Agency respondents admitted that the officials of their units/department have received training on the issues of human trafficking. However, a large proportion of respondents in Karnataka, Uttar Pradesh and Tamil Nadu revealed that officers have not received such training. 29. Most (84. 4%) of the Law Enforcement Agency respondents reported that less than half of the officers in their departments have received training on the issues of human trafficking. In-service, induction, orientation and refresher training were organized on the issues of human trafficking. 30. Most of the Law Enforcement Agency respondents (91.

4%) revealed that they learn the subject of human trafficking as regular law enforcement activities while about half of the respondents admitted that they learn such knowledge from training, conference and workshops. Thus, about 2/3rd respondents revealed that their knowledge about legislations on human trafficking is at average level. 31. Majority of the Law Enforcement Agency respondents (64. 5%) reported that section-7 and 8 are most commonly used sections of ITPA. However, about 58. 1% respondents revealed that section-3 and 4 are most commonly used sections of ITPA. 562 32. There is a lack of integrated information system about the trafficked person and the traffickers/brothel owners/ operators. 33. Police involvement in perpetuating the practice of trafficking is reported by traffickers, NGOs as well as brothel keepers. Raid and rescue efforts have often resulted in police harassment, detention and abuse of women and minor girls as reported by victims rescued from the brothels