A PIL has been filed in the Supreme Court seeking a uniform nationwide mechanism for investigating cases of kidnapping and abduction of children, including time-bound probes and speedy trials. Filed by advocate Ashwini Kumar Upadhyay, the plea sought directions to the Centre and States to frame standard questionnaires and special investigation procedures for such cases. It also sought that investigations be handled by officers not below the rank of ACP/SHO and that dedicated courts, on the lines of special courts for MPs and MLAs, be set up to dispose of kidnapping and abduction cases within a year.
The petition further sought confiscation of the movable and immovable properties of perpetrators and their family members and invocation of laws relating to money laundering, benami property and black money. It has also sought that sentences for kidnapping and abduction be made consecutive rather than concurrent to create a deterrent.
The plea alleged that delays in registering FIRs and investigating complaints involving missing children hamper their recovery and expose them to trafficking, sexual exploitation, forced labour and illegal adoption. It also alleged that complaints involving missing children are at times recorded merely as “missing” or “gumshuda” reports instead of FIRs, delaying a full-fledged criminal investigation.
The petitioner, while referring to several recent incidents in the petition, alleged that organised networks involved in child trafficking and illegal adoption operate across state boundaries, requiring greater coordination among police forces and specialised agencies. The petitioner has arrayed all States and Union Territories, the Union ministries of Education, Law and Justice and Home Affairs, and the Law Commission as respondents.
It further points to the absence of a uniform Standard Investigation Procedure prescribing immediate search and rescue operations, preservation of evidence, digital surveillance, inter-State coordination, forensic assistance and victim-centric investigation.
The petitioner has sought a real-time digital tracking and investigation mechanism connecting police tations, specialised units, State authorities and central agencies. The PIL also seeks specialised investigation units and dedicated officers trained to deal with child kidnapping, trafficking, illegal adoption, sexual exploitation and organised crimes involving children.
