Supreme Court Takes Action on Child Kidnapping: What You Need to Know

Supreme Court Responds to Child Abduction Concerns

New Delhi: On Thursday, the Supreme Court issued a notice to both the central and state governments regarding a Public Interest Litigation (PIL) that calls for prompt investigations and expedited trials in kidnapping and abduction cases, especially those involving minors.

A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, acknowledged the plea submitted by advocate Ashwini Kumar Upadhyay.

The court has requested a response within four weeks, scheduling the next hearing for November 6.

The petition advocates for the creation of 'Standard Questionnaires' and a 'Special Investigation Procedure' specifically for kidnapping and abduction cases, mandating that investigations be conducted by officers of at least the rank of Assistant Commissioner of Police (ACP) or Station House Officer (SHO) to ensure timely resolutions.

Additionally, it proposes the establishment of Special Courts, similar to those that handle cases involving Members of Parliament and Legislative Assemblies, to ensure that kidnapping and abduction cases are resolved within a year.

The PIL also seeks to evaluate the assets of kidnappers and their families, invoking laws related to money laundering and illicit property, and calls for the confiscation of both movable and immovable assets linked to those involved in such crimes.

The petitioner argues that sentences for kidnapping and abduction should be served consecutively rather than concurrently to enhance deterrence.

According to the petition, approximately 15,000 cases of missing persons are reported annually in Bihar since 2013, with a significant number involving children, and only about half of these children are successfully recovered.

The petition cites data from the National Crime Records Bureau (NCRB), indicating that Odisha, Bihar, Telangana, and Maharashtra have the highest rates of human trafficking, with Odisha leading in cases involving the trafficking of minor boys, while Rajasthan has the most cases of minor girls.

It highlights that trafficked children are often forced into begging, child labor, prostitution, and other illegal activities, and that delays in filing FIRs and ineffective investigations severely hinder the safe recovery of abducted children.

The petition further emphasizes that such delays expose children to various risks, including trafficking, sexual abuse, forced labor, illegal adoption, child marriage, and organ trafficking. It argues that the inaction of authorities violates children's rights to life, liberty, dignity, education, and protection from exploitation.

The plea asserts that the issue remains urgent as thousands of children continue to be unaccounted for, investigations are often delayed or ineffective, and there is a lack of a comprehensive legal or administrative framework to ensure a uniform police response nationwide.

The petitioner has referenced multiple incidents to illustrate the failure to prevent kidnappings and abductions.

For instance, in June 2026, Delhi Police apprehended 13 individuals and rescued five infants aged between five days and four months from an alleged inter-state trafficking network spanning Delhi, Haryana, Rajasthan, Madhya Pradesh, and Gujarat.

The petition claims that newborns from economically disadvantaged families were abducted and sold for sums ranging from Rs 8-10 lakh for illegal purposes. It also mentions the abduction and subsequent sexual assault and murder of a 10-year-old girl in Delhi's Mehrauli area in June, as well as the kidnapping of a one-month-old baby girl from her sleeping mother in Hyderabad later that month.

Further incidents cited include the abduction and assault of a minor boy in Karauli, Rajasthan, the trafficking and sexual exploitation of a minor girl in Sri Ganganagar, and the removal of seven tribal children from Udaipur under the guise of providing free education before they were rescued in Goa.

The petitioner contends that delays in FIR registration and ineffective investigations significantly diminish the chances of safely recovering kidnapped children and increase the risks of trafficking, sexual abuse, forced labor, illegal adoption, child marriage, organ trafficking, and other forms of exploitation.

The PIL also highlights the severe psychological trauma, emotional distress, financial difficulties, and prolonged uncertainty faced by families of missing children, while the children themselves are deprived of their constitutional rights to life, liberty, dignity, security, and education.

The plea references the Lok Sabha's passage of the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, and cites a Supreme Court directive from May 2026 regarding the mandatory registration of FIRs.

The petitioner argues that this issue transcends individual grievances and represents a significant public concern, necessitating Supreme Court intervention to safeguard the constitutional rights of children across the nation.

The PIL asserts that both the central and state governments have failed to implement sufficient measures to prevent kidnapping and abduction, calling for coordinated actions for effective investigations, prosecutions, asset tracing, and deterrent punishments.