The Supreme Court sought a response from the Centre and states on a PIL demanding a uniform nationwide mechanism for investigating child kidnapping. The plea, by Ashwini Upadhyay, calls for time-bound probes, speedy trials, and special procedures.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought a response from the Centre, State governments and Union Territories in four weeks.
Details of the PIL and Court Hearing
Filed by advocate Ashwini Kumar Upadhyay, the plea sought directions to the Centre and States to frame standard questionnaires and special investigation procedures for such cases.
During the hearing, Justice Mohana observed that several initiatives and schemes have already been introduced by the government, including Beti Bachao, and that the Court has also issued several directions concerning the protection of children. The bench questioned the need for issuing further directions prescribing how investigating agencies should investigate cases of kidnapping.
Upadhyay, however, submitted that human trafficking has assumed various forms of exploitation over the years and that child trafficking has increased significantly. He argued that children are trafficked for sexual exploitation, forced labour, begging, petty crimes, armed conflict, child marriage and child labour. He also alleged that children are being abducted for the purpose of forced conversion.
Specific Demands in the Petition
The petition sought that investigations be handled by officers not below the rank of ACP/SHO and that dedicated courts, on the lines of special courts for MPs and MLAs, be set up to dispose of kidnapping and abduction cases within a year.
The petition further sought confiscation of the movable and immovable properties of perpetrators and their family members and invocation of laws relating to money laundering, benami property and black money. It has also sought that sentences for kidnapping and abduction be made consecutive rather than concurrent to create a deterrent.
Allegations of Investigation Lapses
The plea alleged that delays in registering FIRs and investigating complaints involving missing children hamper their recovery and expose them to trafficking, sexual exploitation, forced labour and illegal adoption. It also alleged that complaints involving missing children are at times recorded merely as “missing” or “gumshuda” reports instead of FIRs, delaying a full-fledged criminal investigation.
The petitioner, while referring to several recent incidents in the petition, alleged that organised networks involved in child trafficking and illegal adoption operate across state boundaries, requiring greater coordination among police forces and specialised agencies.
The petitioner has arrayed all States and Union Territories, the Union ministries of Education, Law and Justice and Home Affairs, and the Law Commission as respondents. (ANI)
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