SC Condemns Heinous Child Trafficking, Prostitution Cases: Urges Sensitivity in Trial Courts

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In a scathing observation, the Supreme Court has termed cases of child trafficking and commercial sexual exploitation as 'deeply disturbing', striking at the very core of the state's constitutional guarantee to protect children from exploitation. The court made these remarks while dealing with the case of a 16-year-old girl who was trafficked in Karnataka, sold to a couple, and forced into prostitution in 2010. A bench of justices Manoj Misra and Joymalya Bagchi emphasized that such crimes are not isolated incidents but part of a widespread and entrenched pattern of organized exploitation that continues to thrive despite legislative safeguards. The court upheld the conviction of the couple, who were found guilty under various provisions of the Indian Penal Code and Immoral Traffic (Prevention) Act. The court has issued guidelines for trial courts to follow when dealing with cases of child trafficking, where the evidence of the minor victim is crucial. The justices emphasized the need for sensitivity and realism in appreciating the victim's testimony, taking into account the socio-economic and cultural vulnerability of the child. The court also highlighted the complexities involved in organized crime networks that recruit, transport, and exploit minor victims, making it difficult for them to narrate their experiences with precision and clarity. Justice Bagchi wrote that failure to promptly protest against the trafficker's agenda should not be treated as a ground to discard the victim's version. The bench also stressed the need for courts to be mindful of the secondary victimization that can occur when victims are required to recount their experiences of sexual exploitation, which can be an unpalatable experience, especially for minors. The court recalled earlier judgments that state that a victim of sex trafficking, particularly a minor, is not an accomplice and their deposition should be given due regard and credence. The Supreme Court's observations and guidelines are a significant step towards addressing the issue of child trafficking and commercial sexual exploitation in India, and ensuring that trial courts handle such cases with sensitivity and realism.