Supreme Court Seeks Centre, States' Reply on Uniform Child Kidnapping Probe Plea

The Supreme Court on Thursday sought the responses of the Centre, the States and Union Territories on a public interest litigation calling for a uniform nationwide framework to investigate cases of kidnapping and abduction involving children.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notices to the Union government, the States, Union Territories, the Union Ministries of Education, Law and Justice and Home Affairs, and the Law Commission. The plea was filed by advocate Ashwini Kumar Upadhyay through advocate-on-record Ashwani Kumar Dubey.

The petition points to what it describes as systemic failures in handling cases of missing, kidnapped and abducted children, and urges judicial intervention to secure prompt and coordinated action from investigating agencies.

Among its key demands is the framing of standard questionnaires and a special investigation procedure, along with a requirement that such cases be probed by an officer not below the rank of an Assistant Commissioner of Police or Station House Officer to ensure time-bound investigation.

The plea also seeks the creation of special courts, on the lines of those handling cases involving MPs and MLAs, to decide kidnapping and abduction matters within a year.

It further asks the Centre and States to assess the properties of kidnappers, abductors and their family members, and to invoke provisions relating to money laundering, benami property and black money. Steps to confiscate the movable and immovable assets of perpetrators and their family members are also sought.

On sentencing, the petition urges that terms in kidnapping and abduction cases run consecutively rather than concurrently, arguing that this would create a stronger deterrent.

The PIL contends that police authorities often fail to register first information reports promptly, and that delays in investigation sharply reduce the chances of recovering abducted children while heightening their vulnerability to trafficking, sexual exploitation, forced labour, illegal adoption and other forms of exploitation.

Citing recent incidents, the plea alleges that organised networks engaged in child trafficking and illegal adoption operate across State boundaries, necessitating closer coordination among police forces and specialised agencies. It also refers to National Crime Records Bureau-related data and incidents from Delhi, Hyderabad, Rajasthan and other parts of the country to argue that the issue requires a uniform institutional response.

A central grievance in the petition is the alleged practice of registering complaints about missing children as "gumshuda" or missing persons reports instead of FIRs, which, it says, can delay the start of a full-fledged criminal investigation.