Supreme Court: Ashwini Kumar Upadhyay Child Trafficking Plea Gets Notice

• The Supreme Court has requested a response from the Central government regarding a plea to combat child trafficking and illegal adoption rackets.
• Advocate Ashwini Upadhyay filed the petition, `Ashwini Kumar Upadhyay v Union of India and Ors.`, highlighting the increasing exploitation of children for various illicit purposes.
• The plea details child trafficking for sexual exploitation, forced labor, begging, petty crimes, armed conflict, child marriage, child labor, and forced conversion.
• The petitioner cited a 2025 judgment in `Pinky v State of Uttar Pradesh` and argued that juvenile justice safeguards are being exploited for criminal activities.
• The Supreme Court bench, including CJI Surya Kant, issued notice to the Union of India and other authorities, indicating serious judicial consideration of the matter.

This judicial intervention holds significant potential to strengthen measures to curb child exploitation in India, ensuring greater protection for vulnerable children and dismantling the illegal adoption rackets and other organized criminal enterprises that prey on them.

The Supreme Court of India recently initiated proceedings concerning the pervasive issue of child trafficking, issuing a formal notice to the Central government. This action follows a significant plea filed by Advocate Ashwini Upadhyay, which seeks comprehensive measures to combat organized criminal networks involved in the abduction and exploitation of children. The petition, formally titled `Ashwini Kumar Upadhyay v Union of India and Ors.`, highlights the urgent need for intervention against illegal adoption rackets and other forms of child exploitation prevalent across the nation.

A three-judge bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, presided over the matter on Thursday. The bench directed the Union of India and other relevant authorities to submit their responses to the concerns raised in the petition. This judicial directive underscores the gravity with which the apex court views the escalating problem of child exploitation and the systemic failures that allow such illicit activities to persist.

In his submissions to the Supreme Court, Advocate Ashwini Upadhyay underscored the alarming diversification and increase in human trafficking, particularly concerning children. He presented a stark picture of how children are being exploited for various nefarious purposes, including sexual exploitation, forced labor, begging, and involvement in petty crimes. The plea also brought to light instances of children being coerced into armed conflict, child marriage, and general child labor, painting a grim reality of their vulnerability.

Upadhyay further highlighted the disturbing trend of children being abducted for forced religious conversion. He emphasized that trafficking for forced labor is experiencing an alarming surge, exacerbating the crisis. Citing the Supreme Court's 2025 judgment in `Pinky v State of Uttar Pradesh`, the advocate argued that even the existing safeguards designed to protect children under the juvenile justice system are being manipulated and exploited by perpetrators to commit heinous crimes, thereby undermining the very framework meant to ensure their safety and rehabilitation.

The Supreme Court's decision to seek a response from the Centre signifies a crucial step towards addressing the systemic issues enabling child trafficking in India. Advocate Upadhyay specifically requested that his plea be tagged with an existing matter where the Supreme Court is already monitoring the registration of First Information Reports (FIRs) in cases involving missing persons. This strategic move aims to consolidate judicial oversight over related issues, potentially leading to more integrated and effective solutions.

The petitioner also drew attention to historical practices, noting that "Ghumshuda" reports were once common for missing persons, implying a shift towards more formal FIR registration. This judicial intervention holds significant potential to strengthen measures to curb child exploitation in India, ensuring greater protection for vulnerable children and dismantling the illegal adoption rackets and other organized criminal enterprises that prey on them.

Lawyers and compliance officers should closely monitor the progress of `Ashwini Kumar Upadhyay v Union of India` as the Supreme Court's eventual directives could lead to new legislative frameworks, stricter enforcement policies, or enhanced due diligence requirements for businesses to prevent child exploitation and trafficking within their operations or supply chains.

Source: Reporting based on recent court filings