Trafficking In Children And The POCSO Framework: Examining Jurisdictional Conflicts, Evidentiary Challenges, And The Implementation Deficit
- IJLLR Journal
- 2 hours ago
- 1 min read
Arman Ali, B.A. LL.B. (Hons.), Jamia Millia Islamia, New Delhi
ABSTRACT
One of the worst violations of children’s rights that the Indian legislature has had to deal with is that of the commercial exploitation of children. Unfortunately, the Indian legislation has been incapable of dealing with such an abuse of rights due to its inherent deficiencies like lack of a proper statutory regime, ineffective enforcement, and lack of coherence. Instead of using a single legislative scheme, India uses a combination of POCSO 2012, ITPA 1956, BNS 2023, and JJ Act 2015. In this research paper, the issue is analysed in terms of the three aspects of India's failure to prosecute effectively cases of child trafficking. First, the conflict of jurisdictions under POCSO and ITPA, analysing the lacunae in charge framing, procedural superiority, and interagency cooperation. Second, the evidentiary problems, which arise in the course of prosecutions under POCSO in relation to child trafficking, are considered. In particular, this includes incorrect application of presumption clauses under Section 29, irrelevancy of consent as a condition of coercion established in Debraj Dutta v. State of West Bengal (2026), and evidentiary standard from Attorney General v. Satish (2021). Finally, the problem of implementation is addressed based on the data from NCRB and US Trafficking in Persons Reports (2024) showing 89.2% of trial pendency rate. Prajwala v. Union of India (2026) and Articles 21, 23, and 39 of the Indian Constitution serve as a basis for suggesting unification of anti-trafficking statute, judicial training, and entitlements for rehabilitation.
Keywords: POCSO Act, Child Trafficking, ITPA, Jurisdictional Conflict, Prajwala v. Union of India, Implementation Deficit.
