New Delhi, Sep 10 (IANS) : The Supreme Court on Thursday issued notice to the Centre and state governments on a Public Interest Litigation (PIL) seeking directions for time-bound investigation and speedy trial of cases involving kidnapping and abduction, particularly those concerning children.
A Bench of the Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued the notice on the plea filed by advocate Ashwini Kumar Upadhyay.
The notice is returnable in four weeks, and the matter has been listed for further hearing on November 6.
The petition seeks directions to the Centre and states to formulate “Standard Questionnaires” and a “Special Investigation Procedure” for cases of kidnapping and abduction and ensure that such investigations are conducted by an officer not below the rank of ACP/SHO to facilitate time-bound investigation.
It also seeks establishment of Special Courts, on the lines of courts dealing with cases involving MPs and MLAs, to ensure that kidnapping and abduction cases are decided within one year.
The PIL further seeks directions to assess the entire property of kidnappers, abductors and their family members and invoke provisions relating to money laundering, benami property and black money wherever applicable. It has also sought confiscation of movable and immovable properties of perpetrators and their family members who are directly or indirectly involved in kidnapping and abduction.
The petitioner has sought a declaration that sentences in kidnapping and abduction cases should be consecutive and not concurrent “in order to create a deterrent”.
According to the plea, around 15,000 missing cases are registered every year in Bihar since 2013, with many involving children, while only around 50 per cent of the children are recovered.
The petition refers to National Crime Records Bureau (NCRB) data to contend that the maximum cases of human trafficking have been registered in Odisha, Bihar, Telangana and Maharashtra. It states that Odisha has recorded the highest number of cases involving trafficking of minor boys, followed by Bihar, while Rajasthan has reported the maximum cases of trafficking of minor girls.
The PIL contends that trafficked children are forced into begging, child labour, prostitution and other illegal activities and that delayed registration of FIRs and ineffective investigation significantly reduce the chances of safely recovering kidnapped children.
It further states that such delays expose children to risks including trafficking, sexual abuse, forced labour, illegal adoption, child marriage and organ trafficking. It contends that the alleged inaction of authorities deprives children of their rights to “life, liberty, dignity, education and protection from trafficking and exploitation”, besides denying them equal protection of laws through inconsistent police practices.
The plea further states that the cause of action continues as “thousands of children remain untraced, investigations are frequently delayed or ineffective, and no comprehensive statutory or administrative framework has been established to ensure mandatory and uniform police response throughout the country”.
The petitioner has cited several incidents to highlight the alleged failure to prevent kidnapping and abduction.
According to the plea, in June 2026, the Delhi Police arrested 13 persons and rescued five infants aged between five days and four months from an alleged inter-state network operating across Delhi, Haryana, Rajasthan, Madhya Pradesh and Gujarat.
The petition alleges that newborn babies from economically vulnerable families were abducted and sold for Rs 8-10 lakh for illegal activities. It also refers to the alleged abduction and subsequent sexual assault and murder of a 10-year-old girl in Delhi’s Mehrauli area in June, and the abduction of a one-month-old baby girl from her sleeping mother’s lap in Hyderabad later that month.
The plea further refers to alleged incidents involving the abduction and assault of a minor boy in Rajasthan’s Karauli, trafficking and sexual exploitation of a minor girl in Sri Ganganagar, and the taking away of seven tribal children from Udaipur on the pretext of providing free education before they were rescued from Goa.
The petitioner has contended that delayed registration of FIRs and ineffective investigation “significantly reduces the likelihood of safely recovering a kidnapped child” and increases the risk of trafficking, sexual abuse, forced labour, illegal adoption, child marriage, organ trafficking and other forms of exploitation.
The PIL also states that families of missing children face severe psychological trauma, emotional distress, financial hardship and prolonged uncertainty, while the children are deprived of their constitutional rights to life, liberty, dignity, security and education.
The plea has referred to the Lok Sabha passing the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, and also cited a May 2026 Supreme Court direction concerning mandatory registration of FIRs.
The petitioner has argued that the issue “transcends individual grievances and raises a matter of grave public importance”, warranting intervention by the Supreme Court to protect the constitutional rights of children across the country.
The PIL was filed contending that the Centre and states had failed to take adequate steps to prevent kidnapping and abduction, and sought coordinated measures for effective investigation, prosecution, asset tracing and deterrent punishment.
