The petition, filed through advocate-on-record Ashwani Kumar Dubey, referred to systemic failures in the handling of cases involving missing, kidnapped and abducted children and seeks judicial intervention to ensure prompt and coordinated action by investigating agencies.
It also sought directions to establish special courts like MLA-MP courts to decide the cases of kidnapping and abduction within a year.
It also sought directions to the governments to take steps to confiscate movable and immovable property of perpetrators and their family members involved in kidnapping and abduction.
“Direct and declare that sentences in kidnapping and abduction shall be consecutive, not concurrent, in order to create a deterrent,” it said.
The PIL said that police authorities often fail to promptly register FIRs and delays in investigation can significantly reduce the chances of recovering abducted children while increasing their vulnerability to trafficking, sexual exploitation, forced labour, illegal adoption and other forms of exploitation.
Referring to several recent incidents in the petition, the plea alleged that organised networks involved in child trafficking and illegal adoption operate across State boundaries, requiring greater coordination among police forces and specialised agencies.
It also cited National Crime Records Bureau (NCRB)-related data and incidents from Delhi, Hyderabad, Rajasthan and other parts of the country to say that the problem requires a uniform institutional response.
A key grievance raised in the petition is the alleged practice of registering complaints regarding missing children merely as “gumshuda” or “missing persons” reports instead of FIRs.
According to the petition, such practices can delay the commencement of a full-fledged criminal investigation.
