Journal of African Development

Child trafficking is a serious dimension in violation of human dignity, bodily integrity, child rights and basic rights of human beings. In India, the constitution, criminal laws, child protection laws, judicial orders and welfare policies form an important legal framework for trafficking prevention and/or for protection of recovered children. It is important to pay specific attention to the State of West Bengal as it shares its geographical location, borders with other States and is grappling with the issues of trafficking for exploitation, like forced labour, domestic servitude, forced marriage and commercial sex with exploitation. This study delves into the constitutional, statutory and judicial landscape of child trafficking victims protection, exploring its strengths, weaknesses, and areas of improvement in West Bengal. The study is of doctrinal and analytical in nature dealing with constitutional provisions, the Bharatiya Nyaya Sanhita, 2023, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Protection of Children from Sexual Offences Act, 2012, the Immoral Traffic (Prevention) Act, 1956, the victim compensation system, the governmental schemes and selected decisions of the Supreme Court of India and the Calcutta High Court. Special focus is placed on the growing body of jurisprudence on victim-oriented justice and specialised investigations, psychological assistance, compensation, and rescue and rehabilitation. The study shows that there is ample normative protection under Indian law, although there are still challenges to various aspects of the implementation of these safeguards, such as identification, inter-agency coordination, investigation, compensation, rehabilitation, reintegration, and prevention of re-trafficking. Prajwala v. Union of India, a landmark Supreme Court judgement in 2026, marks the recognition of rehabilitative rights of trafficking victims under Articles 21 and 23 of the Constitution. The paper asserts the need for better coordination of investigations and operations at the State level, specialized investigation, and child-friendly process, adequate compensation, long-term rehabilitation, and a robust anti-trafficking law