Supreme Court seeks Centre, states’ response on nationwide probe into child kidnapping cases
PIL seeks time-bound investigation, specialised procedures and dedicated courts for speedy trials; separate plea seeks safeguards for minors on social media
The Supreme Court on Thursday sought responses from the Centre and the states on a PIL seeking a uniform nationwide mechanism for investigating cases of kidnapping and abduction involving children, including time-bound probes, specialised procedures and dedicated courts for speedy trials.
A Bench led by Chief Justice of India (CJI) Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notices to the Centre, states, Union Territories, the Union Ministries of Education, Law and Justice, and Home Affairs, as well as the Law Commission, on a petition filed by advocate and petitioner Ashwini Kumar Upadhyay.
The petition, filed through advocate-on-record Ashwani Kumar Dubey, highlighted alleged systemic failures in the handling of cases involving missing, kidnapped and abducted children. It sought judicial intervention to ensure prompt and coordinated action by investigating agencies.
The Supreme Court also agreed to hear a separate plea seeking safeguards for minors accessing social media and other digital platforms, including a direction that such platforms should not enter into contracts with children below 18 years of age.
A Bench led by CJI Surya Kant issued notices to the Centre and other parties on the plea filed by NGO Just Rights for Children Alliance.
“We need some safeguards in India,” the Bench said while issuing the notice.
Appearing for the NGO, senior advocate HS Phoolka submitted that the incapacity of a minor to enter into a contract was a settled position in law and that the protection could not disappear merely because an agreement was entered into online.
The petitioner sought directions to the Centre to inform digital platforms that any contract entered into by a child below 18 is void ab initio and to take steps to suspend such contracts.
The NGO, however, clarified that it did not seek to exclude children from the digital ecosystem, which it said played an important role in education and skill development. Instead, it sought preventive safeguards to protect minors while allowing them access to digital platforms.
