‘How Can We Close Our Eyes?’: Supreme Court Makes Kidnapping FIR Mandatory in Every Missing Child Case

New Delhi: The Supreme Court on Monday ordered all police stations across the country to compulsorily register a kidnapping case whenever a person or child goes missing, saying the issue of untraced children and trafficking is being handled without the seriousness it requires. 

A panel of Justices Ahsanuddin Amanullah and R. Mahadevan issued a set of directives targeted at bolstering police responsiveness and enhancing coordination in cases of missing children and human trafficking after hearing a case from Tamil Nadu involving a child missing since 2011.

“It is a massive issue and nobody is realising the seriousness of this matter. People have to be shocked out of their thick-skinness. How can we close our eyes to this reality,” the bench observed.  

No waiting, no preliminary enquiry before FIR

The court directed that every complaint concerning a missing person or child must immediately lead to the registration of a FIR. Police stations have been instructed not to let families look for missing people on their own or to wait for a preliminary inquiry. 

The bench said, “The concerned police station is directed to immediately register a first information report (FIR) with regard to any missing person or child without waiting to carry out a preliminary enquiry or leaving it to the guardian of the missing person to look for them.”

The court further ordered, “The said FIR should mandatorily incorporate the relevant section under the Bharatiya Nyaya Sanhita (BNS) relating to kidnapping of the person or child.”

Anti-trafficking units to step in when suspicion arises

Additionally, the Supreme Court ruled that if there is sufficient evidence to suspect trafficking, cases should be forwarded to Anti-Human Trafficking Units (AHTUs).

The proposals for a national standard operating procedure (SOP) to deal with situations involving missing children were submitted by a committee established by the court. In addition to retired IPS officer P. M. Nair and Ministry of Home Affairs director Veerendra Kumar Mishra, the committee is led by former Delhi High Court judge Justice (retd) Mukta Gupta.

Nair told the court that around 47,000 children nationwide are currently listed as untraced by the National Crime Records Bureau (NCRB). He informed the bench that police regularly neglect to look into potential trafficking connections and that missing kid cases typically receive insufficient attention.

Additionally, he cited a previous Supreme Court decision that permits police to turn a missing person case into a trafficking probe if the person cannot be located for four months.

Aadhaar verification for rescued children

During the hearing, Justice Gupta proposed mandatory Aadhaar verification for all rescued or recovered children. She said this could help authorities quickly recognize children if Aadhaar records already exist, since biometric details can be matched.

The court accepted the suggestion and ordered, “The moment any person or child is recovered or rescued, he or she would be taken for Aadhaar verification or making of Aadhaar card.”

Additionally, the bench instructed district and state officials to make sure missing persons and children are promptly reunited with their families following appropriate verification.

Nair gave an example from Kerala in which a youngster discovered in a daycare center turned out to have vanished from Bihar three years prior.

Police cannot stop at recovery: Supreme Court

The top court stressed that the responsibility of police does not end once a child is found.

“We are not focussing only on recovery but also restoration. The police cannot say I have done my job and leave it to the child welfare centres to do their job. Such complacency on the part of the authorities cannot be tolerated,” the bench said.

The court further instructed the Ministry of Home Affairs to create a national data grid linking all police stations through a specialized portal for cases related to human trafficking and missing women and children.

Additionally, all Union Territory police chiefs and Directors General of Police (DGPs) were directed to make sure Anti-Human Trafficking Units are fully operational and have the authority to act effectively.

Multiple Supreme Court benches hearing trafficking matters

The committee's convenor, Additional Solicitor General S. D. Sanjay, told the court that two other Supreme Court benches are independently considering public interest cases related to child trafficking.

One matter filed by NGO Guria Swayam Sevi Sansthan is being heard by a bench led by Justice B. V. Nagarathna, while another case related to child trafficking in Uttar Pradesh is before a bench headed by Justice J. B. Pardiwala. Last year, the latter bench issued comprehensive directives to the states and Union Territories.

In the Guria case, senior attorney Aparna Bhat told the court that child trafficking has multiple facets and is carried out by organized interstate gangs. Later, the Supreme Court appointed her to the committee and ordered district legal services authorities, state agencies, and nodal officials nationwide to collaborate in carrying out the court's directives.

The committee wants more time to present the court with more recommendations, therefore the case will now be heard again in August.

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