Relevance for UPSC: GS-II (Polity, Judiciary, Child Rights), GS-IV (Ethics)
Source: The Hindu ; Supreme Court of India; media reports

Context

The Supreme Court of India, while adjudicating a child trafficking and sexual exploitation case, described child trafficking as a “deeply disturbing reality” in the country.

      The Court laid down important principles on how courts must assess the evidence of trafficked children.

Key Observations of the Court

• Minor inconsistencies in a child victim’s testimony cannot be a ground for rejection, as trauma affects recall and narration.
• A trafficked child must be treated as an “injured witness”, not an accomplice.
• Conviction can be based on the sole testimony of the victim, if it inspires confidence.
• Courts must prevent secondary victimisation during investigation and trial.
• Child trafficking is an organised crime, rooted in poverty, vulnerability and social exclusion.

Legal and Constitutional Basis

• Article 23: Prohibits trafficking in human beings.
• Article 21: Right to life with dignity.
• Article 39(e) & (f): Protection of children from abuse and exploitation.

Key laws:

• Protection of Children from Sexual Offences Act, 2012
• Juvenile Justice (Care and Protection of Children) Act, 2015
• Immoral Traffic (Prevention) Act, 1956

Why the Judgment Matters

• Strengthens a victim-centric and trauma-informed justice system.
• Improves prosecution success in trafficking cases.
• Reinforces the constitutional duty of the State to protect children’s dignity and rights.

Justice requires sensitivity, realism and strict adherence to child-protection laws, ensuring that courts heal rather than retraumatise victims.

Q. With reference to child trafficking cases, consider the following statements:

1. A trafficked child is treated as an injured witness by courts.
2. Minor inconsistencies in the child’s testimony automatically invalidate the case.
3. Article 23 of the Constitution explicitly prohibits trafficking in human beings.

Which of the statements given above are correct?
A. 1 and 3 only
B. 2 and 3 only
C. 1 and 2 only
D. 1, 2 and 3