Syllabus: Welfare schemes for vulnerable sections of the population
Background and Recent Developments
- The Supreme Court issued strict guidelines in K. P. Kiran Kumar versus State to prevent trafficking.
- The Court held trafficking violates children’s fundamental right to life under the Constitution.
- NCRB 2022 data reported 3,098 rescued children below eighteen years nationwide.
- Between April 2024 and March 2025, over 53,000 children were rescued from exploitation.
- The conviction rate for trafficking offences between 2018 and 2022 remained 4.8 percent.
Definition and Legal Meaning of Trafficking
- The Palermo Protocol, 2000 defines trafficking as recruitment or transfer of children for exploitation.
- Section 143, Bhartiya Nyaya Sanhita, 2023 criminalises recruitment, transport, or receipt through coercive means.
- The definition covers fraud, deception, abuse of power, and inducement for consent.
- Exploitation includes physical abuse, sexual exploitation, slavery, servitude, and organ removal.
Constitutional and Statutory Protection for Children
- Articles 23 and 24 prohibit human trafficking, forced labour, and hazardous child employment.
- Article 39(e) and (f) mandate protection from exploitation and moral or material abandonment.
- Sections 98 and 99 of BNS address selling and buying of minors.
- The Immoral Traffic (Prevention) Act, 1956 targets sexual exploitation and trafficking networks.
- The Juvenile Justice Act, 2015 ensures rehabilitation, care, and protection for trafficking victims.
- The Criminal Law Amendment Act, 2013 expanded trafficking definitions, irrespective of victim consent.
POCSO Act and Fast-Track Justice
- The POCSO Act, 2012 defines sexual assault, harassment, and child pornography offences.
- The Act provides stringent punishments, including life imprisonment and death penalty.
- The legislation is gender-neutral, ensuring comprehensive child protection coverage.
- Around 400 fast-track courts aim to dispose approximately 165 cases annually per court.
Judicial Approach and Precedents
- Vishal Jeet versus Union of India, 1990 advocated preventive and humanistic strategies.
- M. C. Mehta versus Tamil Nadu, 1996 prohibited child employment in hazardous industries.
- Bachpan Bachao Andolan, 2011 directed action against widespread child exploitation.
Way Forward and Governance Imperatives
- Vulnerabilities arise from poverty, migration, disasters, and family system breakdowns.
- Social media platforms increasingly facilitate deceptive recruitment and exploitation.
- The government must improve conviction rates to strengthen deterrence mechanisms.
- A strong Union–State coordination is essential since law and order remain State subjects.