New Delhi, Sep 3 A PIL has been filed in the Supreme Court seeking a uniform nationwide mechanism for the investigation of kidnapping and abduction cases involving children, including time-bound probes, specialised investigating procedures and dedicated courts for speedy trials.
The PIL, filed by advocate and petitioner Ashwini Kumar Upadhyay, has made all the states, Union Territories, Union ministries of Education, Law and Justice and Home Affairs, and the Law Commission as parties.
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.
"Direct the Centre and States to formulate 'Standard Questionnaires', 'Special Investigation Procedure' and to ensure that investigation of kidnapping and abduction shall be done by the officer not below the rank of ACP/SHO in order to ensure time-bound investigation," the plea said.
It also sought directions to establish special courts like MLA-MP courts to decide the cases of kidnapping and abduction within a year.
"Direct the Centre and States to assess the entire property of kidnappers, abductors and family members, and accordingly invoke the provisions of money laundering, benami property and black money," it said.
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.
