SC directs UP govt to reinstate in an hour 2 sanitation workers sacked for raising child trafficking issue

New Delhi, Dec 2 The Supreme Court on Tuesday took strong exception to the sacking of a husband-wife sanitation worker duo by a contractual employer with the Varanasi municipal body as they brought child trafficking issues before the court and directed their reinstatement within an hour.

A bench of justices JB Pardiwala and KV Viswanathan was informed by senior advocate and amicus curiae Aparna Bhat that Pinki filed the case alleging both she and her husband were sacked from their job by the contractual employer.

The bench told the counsel for Uttar Pradesh, "We want them to be reinstated within an hour or whosoever is the authority concerned will be suspended. We want an update. Just because they approached the court, the authority got annoyed. We will not take this lightly."

The bench asked the counsel to make phone call to the officials concerned and apprise the court about their reinstatement.

Pinki's one-year-old child Bahubali was kidnapped from Nadesar Cantt., Varanasi while he was sleeping beside her, by members of an organised interstate child-trafficking ring.

Upon discovering that her son went missing past midnight, Pinki filed a police complaint the following day at Cantonment police station of Varanasi, leading to the registration of an FIR dated April 30, 2023.

Initially, the police report indicated that the complaint filed by Pinki was one of a missing child, however, further investigation revealed that the case was one of child-trafficking.

Several arrests were made in the case and the accused were granted bail by the Allahabad High Court, the order which was challenged before the top court by Pinki and others.

The top court was hearing the case in which it had on April 15 taken a stern view on inter-state child trafficking rackets in the country, cancelled the bail granted to 13 accused and said the "cry of the collective for justice, its desire for peace and harmony" couldn't be trivialised.

The top court had passed a slew of directions to expedite the trial of child trafficking cases in the country and asked the high courts to ensure that the trial courts concluded the trials in six months.

On the direction to Uttar Pradesh government to ensure that the trafficked children are admitted in schools in accordance with the provisions of the Right of Children to Free and Compulsory Education Act, 2009, the bench was informed that the children concerned have not attained the age of five years and they will be admitted once they are of the age for admission to schools.

On compensation, the bench said in cases where the trial has concluded, the trial courts can award compensation to the trafficking victims under the provisions of the BNSS 2023 including under the Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Kosh managed by the Child Welfare Committee.

On the high courts providing incomplete information about pendency of child trafficking cases, Bhatt said the direction for issuance of circulars for completion of trial in six months has been complied with.

The bench posted the matter for hearing post winter vacation and directed the high court to collate all the relevant details and file the status report in the matter.

The top court also asked Additional Solicitor General Archana Pathak Dave, appearing for Delhi government, to find out whether any newborn was trafficked from any hospital, and if, yes, what action has been taken against such hospital. It asked Dave to file a report in this regard.

On April 15, the bench noted trafficking in India had taken diverse forms -- each prevailing across states.

"An overall analysis of trafficking patterns across states reiterates the prevalence of trafficking in large numbers with the number of cases sharply rising with time. What is of concern is the rapid spread of the problem with previously unknown factors getting embedded in the web of traffickers," it had said.

It had said the changing trafficking patterns also brought "changes in the traffickers, their modus operandi, their manipulation of the victims and their understanding of the limitations in the criminal justice system".

The top court found fault with the Allahabad High Court orders releasing the accused persons on bail and said considering the serious nature of the crime, the relief should not have been granted to the accused persons.

It had said though liberty was a greatly cherished value in the life of an individual, it was controlled and restricted and no element in the society could act in a manner which jeopardised the life and liberty of others.

The top court had warned parents in the country about the dangers of child trafficking and asked them to be extremely vigilant with their children.