Don't Take Child Trafficking Lightly, Gangs Operating Across Country : Supreme Court Tells State Home Secretaries

The Supreme Court today implored States and Union Territories to not take child trafficking lightly, stressing that the issue involves serious law and order concerns and requires urgent action at the level of State authorities.

“Kindly take this issue very very seriously. Child trafficking is at a rampage. There are gangs operating across the country. If you all don't pay attention to this things will be beyond control. And it is only the state government and its Home Department that can act vigilantly in this regard. As a court we can monitor, but ultimately the action has to be on the part of the state government, the police, the other agencies. Therefore this is our humble request”, Justice JB Pardiwala said.

A bench of Justice JB Pardiwala and Justice KV Viswanathan while interacting with Home Secretaries appearing online, said trafficking networks are operating across the country and stressed that effective action must come from State machinery.

Justice Vishwanathan echoed Justice Pardiwala's words, adding, “It's a very serious matter. Day-to-day we see reports increase. Occasionally we get reports of retrieval of children. So it means this problem can be tackled. All that it requires is a will, and it is up to all of you who are heading the Home Department to do it. So please do it earnestly. We will keep monitoring and give necessary directions but ultimately the implementation has to be at your level.”

The Court gave a final opportunity to several States and Union Territories to comply with the directions issued in its April 15, 2025 judgment to tackle child trafficking, warning that failure to file compliance reports will result in them being treated as “defaulting” states.

The Court was monitoring compliance with the directions to take specific institutional measures to strengthen enforcement against trafficking.

The Court had on April 15, 2025 cancelled the bail of accused persons in a child trafficking case and issued binding nationwide directions to ensure time-bound investigation and trial of such offences.

The Court had directed all High Courts to collect data on pending trials and issue circulars to ensure completion within six months, preferably on a day-to-day basis, and to report compliance.

It had also directed all States to implement the recommendations of the Bharatiya Institute of Research and Development (BIRD) report dated April 12, 2023, including treating missing children cases as trafficking unless proved otherwise, strengthening Anti-Human Trafficking Units, improving investigation standards, and ensuring victim protection.

When the matter was last heard on February 26, 2026, the Court found widespread non-compliance with these directions. It noted that several States had not filed compliance affidavits and said that even the reports submitted by some States were “nothing but an eye wash.” It had then directed Home Secretaries of defaulting States to appear and required all States to file fresh reports in a structured format, along with constituting review committees within four weeks.

Continuing that exercise today, the Court addressed Home Secretaries appearing online and stressed the seriousness of compliance.

At the outset, the Court noted that Madhya Pradesh had not filed its compliance report in the prescribed format. The State's Home Secretary, who appeared online, apologised and assured the Court that a complete report would be filed. The Court granted one last opportunity to file the affidavit by April 18, 2026.

The Court then noted that Goa, Haryana, Lakshadweep, Mizoram, Odisha and Punjab had also failed to file compliance reports in the required format. Justice Pardiwala said, “Why do you undermine the seriousness of this issue?” and noted that the reports should have been filed in advance.

Haryana submitted that it had already filed a compliance report and constituted a review committee. The Court, however, noted that the prescribed format had not been followed.

Granting a final opportunity, the Court directed all such States and Union Territories to file compliance affidavits in the prescribed format on or before April 18, 2026, and to furnish copies to the Amicus Curiae. The Court stated that if affidavits are not filed by the deadline, the concerned States and Union Territories will be treated as defaulting.

The Court also reviewed compliance with its earlier direction requiring States to constitute review committees to identify and monitor vulnerable areas prone to child trafficking. The Amicus Curiae informed the Court that 15 States had not yet constituted such committees.

The Court granted a last opportunity to these States as well and directed that the constitution and functioning of these committees be detailed in the affidavits to be filed by April 18.

The Court is also dealing with the issue of implementation of the Assisted Reproductive Technology (Regulation) Act, 2021 to tackle illegal egg donation rackets where economically vulnerable women are induced to undergo repeated procedures in violation of the law. Today, the Court granted time to Amicus Curiae Aparna Bhat to examine the affidavit filed by the Union of India in this regard.

The matter is now listed for further hearing on April 29, 2026.

Case no. – MA 729/2025 in Crl.A. No. 1927/2025

Case Title – Pinki v. State of Uttar Pradesh and Anr.