The Supreme Court on Friday expressed serious concern over nearly 47,000 children remaining untraced across India and issued a series of directions aimed at strengthening the response mechanism in cases involving missing children and human trafficking.
The Bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan directed police authorities across the country to immediately register FIRs in missing child cases and said investigations should proceed on the presumption of kidnapping or abduction from the outset. The Court noted that such an approach would ensure prompt investigation under provisions relating to kidnapping, abduction and trafficking under the Bharatiya Nyaya Sanhita (BNS).
Expressing concern over the rising number of missing children cases, the Bench observed that many children become victims of organised interstate trafficking syndicates. It noted serious deficiencies in coordination between law enforcement agencies and child welfare authorities, particularly due to the lack of integration between the Crime and Criminal Tracking Network and Systems (CCTNS) and databases maintained by child protection authorities.
Accordingly, the Court directed the Ministry of Home Affairs to establish a nationwide integrated digital grid connecting all police stations on a common platform. The system is to include a dedicated portal relating to 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 Bench further directed that all Anti-Human Trafficking Units (AHTUs) across the country be made fully operational within four weeks with adequate infrastructure, manpower and statutory powers. It observed that several AHTUs were either non-functional or existed merely on paper, adversely affecting enforcement and rescue operations.
Clarifying the investigative procedure, the Court said investigating agencies should not wait for expiry of the four-month period before transferring cases to AHTUs where there are indications of trafficking, organised crime or interstate involvement at an earlier stage.
The Court also issued directions regarding rehabilitation and restoration of recovered children. It said 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. In such cases, responsibility would vest with the State authorities and Child Welfare Committees under the Juvenile Justice framework.
Emphasising the need for identity verification and long-term monitoring, the Bench directed District Child Protection Units to ensure Aadhaar enrolment and verification of all rescued children to avoid duplication of identity and facilitate future tracing efforts.
The matter arose from an appeal against a Madras High Court order in a case concerning a girl who went missing from Chennai in 2011. Although an FIR was registered and investigations were carried out by the local police and later by the Central Crime Branch, the child could not be traced and the case was eventually closed as “undetectable”.
The Supreme Court found the approach adopted by the authorities and the High Court unsatisfactory, particularly the reasoning that the 2013 Ministry of Home Affairs circular relating to transfer of long-pending missing child cases to AHTUs would not apply because the child had gone missing before issuance of the circular.
The Court observed that so long as a child remains untraced, the obligation of authorities to apply child protection measures and anti-trafficking protocols continues. Treating the issue as one involving systemic concern at the national level, the Bench expanded the scope of proceedings and issued pan-India directions to strengthen investigation, coordination and rehabilitation mechanisms in missing child cases.
The matter is scheduled to be heard in August 2026.
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