Court Demands Explanation from Police; Urges State to Formulate Guidelines for Monitoring Outsiders
In a significant judgment, the Jharkhand High Court has criticized the delay in the investigation of a missing minor child, emphasizing the lack of immediate and sincere efforts by the police administration. The case, "Chandramuni Urain v. Director General of Police, Jharkhand & Ors.", highlights the severe consequences of child trafficking and the systemic issues within law enforcement regarding timely investigations.
The High Court, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, expressed concern over the constitution of a Special Investigation Team (SIT) only five years after the initial First Information Report (FIR) was filed on February 6, 2020. The FIR was lodged by the mother of the missing child, and the delay in forming the SIT was questioned, with the Court demanding an explanation from the Superintendent of Police, Gumla.
The judgment detailed the devastating impact of child trafficking on victims, pointing out the severe physical, cognitive, and socio-emotional harm inflicted. The Court stressed the negative repercussions on societal structures and the perpetuation of poverty and exploitation cycles.
In response to these concerns, the Court directed the State, through its Home Department, to formulate guidelines for identifying and monitoring individuals entering Jharkhand from other states. This measure aims to prevent the involvement of such individuals in criminal activities, including human trafficking. The Secretary of the Home Department has been requested to appear online in the next hearing to discuss possible solutions.
The Superintendent of Police, Gumla, appeared before the Court and informed that a new SIT has been constituted under his supervision to expedite the investigation. Despite efforts, including the deployment of three prior SITs, the victim remains untraced, although nine other children have been recovered during the process.
The Court acknowledged the complexity and seriousness of the issue, noting the identification of a racket involved in child trafficking. These racketeers, often posing as businesspeople from other states, engage in criminal activities under the guise of legitimate business operations.
The Jharkhand High Court's ruling underscores the importance of timely and effective police action in addressing child trafficking cases. It also highlights the need for a coordinated approach involving stringent monitoring of outsiders and robust guidelines to prevent human trafficking.
Bottom Line:
Delay in investigation and constitution of Special Investigation Team (SIT) in cases of child trafficking has been criticized. Guidelines for proper identification and permission for outsiders coming into the State to prevent human trafficking have been suggested.
Statutory provision(s): Criminal Procedure Code, Human Trafficking Laws, Guidelines for Police Conduct, State Monitoring Directives
Chandramuni Urain v. Director General of Police, (Jharkhand)(DB) : Law Finder Doc Id # 2842578
