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Supreme Court Issues Pan-India Directions to Combat Child Trafficking and Trace Missing Children

  • Writer: Kaustav Chowdhury
    Kaustav Chowdhury
  • May 24
  • 3 min read

The Supreme Court of India on 22nd May 2026 issued a comprehensive set of directions to address systemic failures in tracing missing children and dismantling child trafficking networks operating across states. A bench comprising Justices Ahsanuddin Amanullah and R. Mahadevan directed that all missing person complaints involving children must result in immediate FIR registration without any preliminary inquiry, and ordered the establishment of a nationwide integrated digital grid connecting all police stations. The directions represent the most detailed judicial intervention on child trafficking in recent years and carry significant implications for police procedure, child welfare administration, and inter-state coordination.

Mandatory FIR Registration Without Preliminary Inquiry

The Court directed that whenever police receive information about a missing child, an FIR must be registered immediately. The earlier practice of requiring a preliminary inquiry, waiting period, or insisting that guardians formally initiate the process was held to be a systemic failure that allows trafficking networks to exploit procedural delays. The Court observed that in cases involving missing children, every hour of delay significantly reduces the chances of recovery. The bench further directed that in all missing child cases, police must proceed on the presumption that the child has been kidnapped, a direction that elevates the seriousness of the investigation from the outset and triggers the application of Sections 137 to 140 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to the former Sections 359 to 369 of the Indian Penal Code).

Nationwide Digital Grid and Real-Time Information Sharing

The Court directed the Ministry of Home Affairs to establish a nationwide integrated digital grid that connects all police stations on a common platform. This system must include a dedicated portal for human trafficking, missing children, and missing women, with real-time information sharing among police authorities, Child Welfare Committees (CWCs), District Child Protection Units (DCPUs), and child care institutions. The objective is to eliminate the information silos that currently allow traffickers to move children across state borders without detection. Under the existing system, a missing child reported in one state often has no visibility in the law enforcement databases of neighbouring states, making inter-state trafficking almost impossible to track in real time.

Anti-Human Trafficking Units and Child Restoration

The bench directed that all Anti-Human Trafficking Units (AHTUs) across the country must be made fully operational within four weeks, with adequate infrastructure, manpower, and statutory powers. Many AHTUs currently exist only on paper without functional capacity. The Court also directed that rescued children should ordinarily be restored to their families within 24 hours, unless there is material indicating involvement of family members in trafficking, abuse, or exploitation. This direction addresses the frequent complaint that rescued children languish in institutional care for months due to bureaucratic delays, effectively subjecting them to a second form of deprivation.

Key Takeaways

Police must register FIRs immediately in all missing child cases and presume kidnapping. The Ministry of Home Affairs must build a nationwide digital portal for tracking missing children and trafficking across states. All AHTUs must become fully operational within four weeks. Rescued children must be restored to families within 24 hours unless family involvement is suspected. State Chief Secretaries must file compliance affidavits before their respective High Courts by 7th August 2026, and High Courts must submit consolidated reports to the Supreme Court by 17th November 2026. The matter is next listed in August 2026 for compliance review.

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