The Supreme Court of India has expressed serious concern over the "rampant" problem of missing children across the country, observing that state authorities often fail to give these cases the priority they deserve. In a significant move to streamline the search and recovery process, the Court has announced its intention to formulate a common Standard Operating Procedure (SOP) to be followed by all states and union territories.
A bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan emphasized that time is the "most vital element" when a child goes missing. The Court noted that without a prompt and professional investigative framework, the chances of recovering missing children diminish rapidly.
The Court’s intervention comes during the hearing of a heart-wrenching plea filed by a father, G. Ganesh, whose daughter went missing in Tamil Nadu in 2011. At the time of her disappearance, the child was only one year and ten months old.
The petitioner’s journey through the legal system highlights the systemic failures the Supreme Court now aims to address:
- Initial Apathy: After the child went missing, the local police allegedly failed to take effective measures and eventually filed a "closure report" before the Magistrate, claiming the child could not be found.
- High Court Intervention: The father moved the Madras High Court via a Habeas Corpus petition. The High Court directed the Central Crime Branch to investigate, but they too returned a report stating the child was "undetectable."
- SIT Investigation: Following a protest petition by the father, a Special Investigating Team (SIT) was formed under the Commissioner of Police, Chennai. This team also failed to produce results.
- The Circular Dispute: The father argued that under a 2013 Ministry of Home Affairs (MHA) Circular, cases of children missing for more than four months must be transferred to the Anti-Human Trafficking Unit (AHTU). However, the High Court dismissed his revision petition, stating the 2013 circular could not apply to a case from 2011.
Hearing the Special Leave Petition (SLP) against the High Court’s order, the Supreme Court bench noted on January 16 that the State of Tamil Nadu had "finally woken up from its slumber" and started taking steps, including the use of modern tools like Artificial Intelligence, to trace the girl.
The bench observed that the lack of attention given to such cases is a national concern. To address the lack of coordination between states, the Court has impleaded the Union Home Secretary and the Home Secretaries of all State Governments and Union Territories.
"The endeavor of the Court would be to evolve a common Standard Operating Procedure, which is required to be put in place, as time is of great essence in such matters... if at all there can be any real chances of recovery," the Bench observed.
This case is not an isolated instance of the Supreme Court's focus on child safety. Several benches are currently dealing with the multi-headed hydra of child trafficking and missing persons:
- Guria Swayam Sevi Sansthan v. Union of India: A bench of Justice BV Nagarathna and Justice R. Mahadevan is monitoring a PIL regarding inter-state trafficking networks. The Court recently directed the Union to ensure that dedicated Nodal Officers are appointed in every district and their details are uploaded on the Mission Vatsalya portal to facilitate better coordination between states.
- Pinki v. State of Uttar Pradesh: A bench led by Justice JB Pardiwala has been monitoring criminal trials in trafficking cases. The Court has issued strict mandates that such trials must be completed within six months and has cautioned state governments against the casual granting of bail to accused traffickers.
In the present matter of G. Ganesh, the Supreme Court has sought data from various High Courts regarding pending trials in child trafficking matters. It has also ordered that trials in such sensitive cases should ideally be expedited.
The Court has listed the matter for further hearing on March 10, 2026, by which time the Union and States are expected to provide inputs for the proposed national SOP.
Case Details: G. Ganesh v. State of Tamil Nadu Special Leave to Appeal (Crl.) No. 11263/2025
Appearances: For Petitioner: Mrs. Aarthi Rajan, AOR; Mr. Arvind Srevasta, Adv.
For Respondents: Mr. Sabarish Subramanian, AOR; Mr. Vishnu Unnikrishnan, Adv.