'Life Is A Gift Of The Creator & Should Never Be For Sale': Aligarh Court Refuses Bail To 8 Accused Of Trafficking Children

A local Court in UP's Aligarh has dismissed the bail applications of eight accused persons, in two separate crimes, charged of trafficking minor children for unlawful compulsory labour.

The Court of Additional Chief Judicial Magistrate (Railway) Aishwarya Pratap Singh, while dismissing the bail pleas, noted that the offences alleged are serious- not just against the individual but the society at large.

"Trafficking in persons separates families, erodes social bonds, support networks and undermines the economic prosperity of communities. The individual victims of trafficking endure atrocious living and working conditions that physically injure, psychologically traumatize and, in some cases, cost victims their lives. Although trafficking most directly affects the individuals, it also has broader consequences over the societies from which victims are removed, resulting in psychological, cultural, economic losses and threatening public health," the Judge observed.

The Petitioner-accused in both the crimes were charged for alleged commission of offences under Sections 370 (Trafficking of persons), 374 (Unlawful compulsory labour) of IPC, Section 14(3)(d) of Child Labour Act, 1986 and Sections 75 and 79 of Juvenile Justice Act 2015.

The prosecution case was that the accused had acted in an organized manner, travelling in different coaches of the train with children. The accused were said to be involved in luring children from poor families by offering money and forcing them into child labour. 23 children were rescued, 15 of whom are stated to be less than 14 years of age. These children allegedly informed the Police that they were being taken by the accused on the pretext of giving work.

"Life is a gift of the creator and should never be for sale," the Court said at the outset.

It relied on the case of Lakshmi Kant Pandey v. Union of India where Justice PN Bhagwati noted.

"It is obvious that in a civilized society, the importance of child welfare cannot be over-emphasized because the welfare of the entire community, its growth and development, depending on the health and well-being of its children. Children are a "supremely important national asset," and the future well-being of the nation depends on how its children grow and develop."

Reliance was also placed on Geeta Kancha Tamang v. State of Maharashtra (2010) and State of Maharashtra v. Mohd. Sajod Husaain Mohd S. Hussain (2007).

"Trafficking in persons, the dark side of population mobility, has been a cause of deep anxiety and concerns for individuals, societies and economies alike. It is widely recognized as one of the fastest increasing criminal industries worldwide, and therefore, poses a universal threat to individual human beings," the Court said while dismissing the bail pleas.

Recently, the Central Government published draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021, proposing to make the offence of Children Trafficking punishable with death (in case of second or subsequent conviction).

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