Child Trafficking and Judicial Approach to Victim Testimony

Context

1. The Supreme Court of India delivered an important judgment in December 2025, dealing with child trafficking and commercial sexual exploitation.
2. The case arose from the trafficking of a minor girl in Bengaluru, who was forced into sexual exploitation by an organised trafficking gang.
3. The judgment laid down clear guidelines for courts on how to appreciate the evidence of trafficked children.

Nature of Child Trafficking in India

1. Child trafficking in India is a serious and organised crime that continues despite the existence of protective laws.
2. Trafficking networks operate through multiple verticals, such as:
   1. Recruitment of children
   2. Transportation across regions
   3. Harbouring in hidden locations
   4. Sexual or commercial exploitation
3. These activities are intentionally fragmented and concealed to escape detection and confuse victims and law enforcement agencies.

Key Legal Issue Before the Court

1. The main issue was whether minor inconsistencies in the testimony of a trafficked child could be used to discredit her evidence.
2. Defence arguments often claim that:
   1. The victim did not protest immediately
   2. The victim could not describe events clearly
   3. The victim’s behaviour did not match “ordinary human conduct”
3. The Supreme Court rejected these arguments in the context of child trafficking.

Supreme Court’s Key Guidelines on Evidence

1. The Court held that the sole testimony of a trafficked child can be sufficient for conviction, if it is credible and trustworthy.
2. Courts must not treat a trafficked child as an accomplice in the crime.
3. A trafficked child must be treated as an “injured witness”, whose testimony deserves due regard and credibility.
4. Minor contradictions or lack of precision in narration do not undermine the truthfulness of the victim’s account.

Understanding Victim Behaviour and Trauma

1. Trafficked children are often under fear, coercion, isolation, and psychological control.
2. Immediate resistance or protest is not always possible due to:
   1. Threats by traffickers
   2. Physical confinement
   3. Emotional manipulation
3. Courts must not discard a victim’s testimony merely because she did not behave in a manner expected of an “ordinary person”.

Socio-Economic and Cultural Vulnerability

1. Many trafficked children belong to marginalised, poor, or socially backward communities.
2. Their vulnerability affects:
   1. Their ability to understand legal processes
   2. Their confidence in narrating events clearly
3. Judicial evaluation of evidence must therefore be guided by sensitivity, realism, and social context.

Secondary Victimisation in the Justice System

1. Recounting experiences of sexual exploitation is itself deeply traumatic for victims.
2. Repeated questioning, disbelief, and aggressive cross-examination can cause secondary victimisation.
3. Courts and law enforcement agencies must ensure that victims are not re-traumatised during legal proceedings.

Constitutional and Legal Significance

1. The Court described child trafficking and sexual exploitation as crimes that violate:
   1. Human dignity
   2. Bodily integrity
2. These values are protected under Article 21 of the Constitution of India.
3. The State has a constitutional obligation to protect children from exploitation.
4. Failure to do so was described as “moral and material abandonment” of the child.

Outcome of the Case

1. The Supreme Court upheld the conviction of the traffickers under the Immoral Traffic (Prevention) Act, 1956.
2. The Court dismissed attempts to discredit the victim’s testimony based on minor inconsistencies.
3. The judgment strengthened victim-centric justice in trafficking cases.

Broader Implications of the Judgment

1. The ruling reinforces a child-sensitive approach in criminal trials.
2. It discourages technical and procedural attacks on victim testimony.
3. It strengthens India’s legal framework against human trafficking and sexual exploitation of children.
4. It aligns judicial practice with constitutional values and child rights jurisprudence.

Challenges and Way Forward

Conclusion

The Supreme Court’s judgment marks an important shift toward empathetic and realistic justice in child trafficking cases. By recognising trafficked children as injured witnesses, the Court has ensured that the justice system does not further harm victims. The ruling strengthens both legal accountability of traffickers and constitutional protection of children, making it a landmark development in child rights and criminal justice in India.