SC Takes Strong Note of Child Trafficking, States Added as Respondents

January 05, 2018

In the case National Commission for Protection of Child Rights v. Rajesh Kumar & Ors. taken up by the Supreme Court yesterday, the Petitioner had alleged that in the State of West Bengal, there has been trafficking of orphans and the children were being sold.

The Three-Judge Bench of the Supreme Court headed by the Chief Justice took a strong note of the issue pertaining to trafficking of children in Indian States and remarked it as a vital national concern which recognizes no boundary. In view of crucial issue, the Supreme Court admitted the Petition and directed that all the States shall be added as respondents in the matter.

In the aforesaid context, the Bench also recounted the poem written by Mamie Gene Cole and reproduced in M.C. Mehta v. State of Tamil Nadu[1], which reads as:

“I am the child.

All the world waits for my coming.

All the earth watches with interest to see what I shall become.

Civilization hangs in the balance, For what I am, the world of tomorrow will be. I am the child.

You hold in your hand my destiny.

You determine, largely, whether I shall succeed or fail.

Give me, I pray you, these things that make for happiness.

Train me, I beg you, that I may be a blessing to the world.”

The Court noted that when the children are sold, nothing can be more disastrous than this. A right of a child in a society is sacred, for the future of the country depends upon the character and the destiny of the child and the State has a great role in that regard. It is in the realm of protection.

The Court opined that in the facts of the case it was necessary to have a comprehensive view of the entire country pertaining to running of orphanages, the mode and method of adoption, the care given and the treatment meted out to the children.

The matter has been next listed for hearing on 22nd January, 2018.

[1] (1996) 6 SCC 756

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Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.