While hearing a matter concerning a child recovered from trafficking, the Court expressed deep concern over society’s indifference toward missing and trafficked children. The Court observed that people see children begging at traffic signals every day, yet nobody even lowers the car window to ask whether the children are with their parents. The Court remarked, “We are a dead society. Corona has exposed us.”

The Ministry of Home Affairs, Government of India, has been directed to establish an all-India grid connecting every police station on a single platform. The platform shall include a dedicated portal for missing children and women.

1. The concerned police stations are directed to immediately register an FIR the moment any information regarding a missing person is received, without waiting for the guardian or family members to lodge a formal complaint.

   However, the Court added a note of caution that if the missing person is restored to his/her family within 24 hours, the head of the district police force shall not forward a copy of the report to the Magistrate, and the matter may be closed at that stage. This, however, does not mean that the police machinery would remain inactive. On the contrary, the police machinery must be activated at the highest level from the very beginning.

   The FIR shall mandatorily include relevant provisions of the BNS relating to kidnapping and trafficking of children.

2. The Court further directed that immediately upon the Investigating Agency or police having sufficient reason to believe that the missing person may have been kidnapped or trafficked, the case shall be transferred to the Special Unit dealing with kidnapping/abduction, without waiting for a period of four months.

   At this juncture, the Court noted that Anti-Human Trafficking Units (AHTUs) have been constituted across the country, but many either exist only on paper or lack effective enforcement powers. In this background, the Court directed that all AHTUs be made fully functional and effective within four weeks. Learned counsel for the States were directed to communicate the order to the respective State authorities.

3. The Court also directed that the moment any missing person, including a child, is recovered, it must be ensured that the person is restored to his/her family without unnecessary procedural formalities.

   However, where it is found that the family itself had a contributory role in the disappearance, trafficking, or exploitation of the child, the child shall not be handed back to them, and the State shall assume responsibility for the child’s care and protection.

4. The Court further directed that whenever a rescued or recovered child/person is found, he/she shall undergo Aadhaar verification and biometric registration to facilitate future rescue operations and identification by any agency.

   The concerned District Child Protection Units (DCPUs) where the rescued person is found shall discharge their duties effectively. The Court also requested the Juvenile Justice Committee of the High Court to monitor the implementation of these directions.

   Additionally, the Court clarified that the District Legal Services Authorities (DLSAs) and similar institutions shall fully cooperate in this exercise.