Supreme Court Expresses Grave Concern Over 1.47 Lakh Missing Children; Flags Potential Misuse Of IVF Centres For Trafficking

"In conclusion, it is indeed a sad state of affairs that babies are traded like chattels and are abandoned for diverse reasons. The existing framework is unable to protect the children from being trafficked despite penal laws in force, " Supreme Court of India, in a significant proceeding, expressed profound concern over the escalating crisis of child trafficking and the staggering number of missing children across the country. A bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan, while monitoring the compliance of its previous directions, observed that the ground reality reflects a rampant and organized crime network that remains inadequately addressed by existing enforcement mechanisms.

Case Arises From Challenges To Bail In Child Trafficking Matters

The matter originated from a batch of petitions, including a case titled Pinki v. State of Uttar Pradesh, which challenged the grant of bail to individuals accused of kidnapping and selling children through organized networks. On April 15, 2025, the Supreme Court had issued a series of exhaustive directions to the States and Union Territories to curb trafficking, provide victim compensation, and ensure the rehabilitation of rescued children.

Primary Legal Issues Before The Court

The primary question before the court was whether the States have effectively implemented the directions regarding the constitution of Review Committees and Anti-Human Trafficking Units (AHTUs). The court was also called upon to determine the emerging trends in trafficking, specifically the potential misuse of Assisted Reproductive Technology (ART) and Surrogacy laws to facilitate the illegal trade of infants.

Court Notes Staggering NCRB Data On Missing Children

During the hearing, the learned Amicus Curiae, Ms. Aparna Bhat, presented a detailed note highlighting that according to the 2024 NCRB report, cases of missing children have increased by 7.8%, with over 98,375 children going missing in 2024 alone. The court noted with alarm that the cumulative number of children who remain missing in the country stands at a haunting 147,175, suggesting that prevention processes have not yielded tangible impacts.

Inadequacy Of Review Committees Formed By States

The bench observed that while most States have filed compliance reports and constituted Review Committees, the terms of reference for these committees remain unclear in most jurisdictions. The court pointed out that except for the State of Gujarat, which provided a clear reporting mechanism and periodic review functions, most affidavits were silent on how these committees would actually function to prevent trafficking.

Supreme Court Emphasizes Need For Robust Prevention Strategy

The court highlighted that an ideal prevention strategy must anticipate trafficking patterns based on past experiences and create a roadmap to ensure children do not get trafficked in the first place. The bench remarked that the Review Committees must put in place a series of interventions woven together to seamlessly track every child who has migrated or gone missing from their original place of residence.

"The affidavits do not address emerging trends in trafficking and preparedness of the States to address the same."

Concerns Over Misuse Of IVF Centres And ART Act

A significant dimension brought to the court's notice was that many accused in trafficking cases now claim to be "egg donors" associated with IVF Centres to evade prosecution. The bench noted the potential violation of the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, observing that these centres require advanced and critical guidelines to prevent them from becoming conduits for the illegal sale of babies.

Lack Of Standard Operating Procedure For Inter-State Coordination

The court expressed dissatisfaction over the absence of a Standard Operating Procedure (SOP) for inter-state coordination in cases involving missing and trafficked children. It observed that since trafficking intrinsically involves physical movement across geographical borders, law enforcement finds intervening effectively a challenge due to jurisdictional issues, making seamless inter-state cooperation a critical necessity.

"There is no SOP currently existing for inter-state coordination in cases involving missing and trafficked children."

Inconsistent Powers Vested In Anti-Human Trafficking Units

The bench examined the status of Anti-Human Trafficking Units (AHTUs) and found that their powers vary significantly from state to state. While AHTUs are designated to address trafficking, the court noted that in many states, they perform purely administrative functions without the power of a police station, and only 18 States and UTs have currently empowered AHTUs to register First Information Reports (FIRs).

Reference To Bharatiya Nyaya Sanhita And Organized Crime

The court referenced Section 143 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines trafficking and prescribes rigorous punishments, including life imprisonment where children are involved. The bench noted that the Ministry of Home Affairs has declared human trafficking as an "Organized Crime," yet the implementation framework on the ground remains fragmented and lacks a process for impact assessment or audit.

"A roadmap to prevent trafficking, a rehabilitation program with adequate resources, and a SOP to prevent trafficking in ART/Surrogacy Centers is a dire need."

Court Directs Union To Respond To Amicus Note

Concluding the day’s proceedings, the bench requested Ms. Archana Pathak Dave, the learned Additional Solicitor General (ASG), to study the Amicus note in detail and provide a comprehensive response by the next date of hearing. The court emphasized that the current framework is failing to protect children, who are being traded "like chattels," and signaled its intent to pass further directions to institutionalize a more effective response.

The matter has been listed for further hearing on August 19, 2026, as "Part-heard," with the court expected to focus on the creation of a workable mechanism for a prevention roadmap and the design of functional rehabilitation programs.

Date of Decision: 27 May 2026