TRAFFICKING IN PERSONS

years. Of the three intercountry adoptions in FY 2013/14, all were girls. Among them, one was
adopted in India and Norway each, and another was in USA. In the FY 2014/15, there were only 2
intercountry adoptions – both were girls. One was adopted in USA and another in Slovakia. Although
the number of intercountry adoptions has declined in the recent years, the number of surrogacy has
rapidly been increasing in Nepal.
Table 2.15 Number of children in intercountry adoption from FY 2009/10 -2014/15
FY Boys Girls Total
Before 1993
NA
May 1993 –August 2008 NA NA 2,234
2009/10 18 32 50
2010/11 18 34 52
2011/12 6 18 24
2012/13 2 5 7
2013/14 0 3 3
2014/15 0 2 2
Source: CCWB 2010, and CCWB 2014 and CCWB 2015. Note NA refers to ‘not availability’.
Much research, however, is needed to understand the potential nexus of trafficking in relation to
inter-country adoptions, in relation to both inter and intra country adoptions. It has also time to
assess the implementation status of Terms and Conditions 2008 and the role of the Management
Committee of MoWCSW to regulate the intercountry adoption.
2.6.5 Vulnerability of Trafficking: Missing Children and Women
Missing children is often not taken as the trafficking of children. However, studies indicate that there
is close relation between missing children phenomenon and trafficking of children (NHRC-OSRT,
2011). Realizing the linkage between the phenomena of missing children and trafficking, the
Supreme Court of India ordered to the Union of India and States in May 10, 2013 that if the missing
children are not found within four months of the first information report (FIR), the matter shall be
forwarded to the Anti-Trafficking Unit and take up more intensive investigation regarding the
missing child as human trafficking (Box 2.2).
Box 2.2 Supreme Court of India: Decision on Missing Children
Writ Petition (Civil) No. 75 of 2012
Bachpan Bacho Andolan Petitioner (s) versus Union of India and ORS – Respondent (s)
In the said Office Memorandum, a missing child has been defined as, “a person below eighteen
years of age, whose whereabouts are not known to the parents, legal guardians and any other
person, who may be legally entrusted with the custody of the child, whatever may be the
circumstances/causes of disappearance. The child will be considered missing and in need of care
and protection within the meaning of the later part of the Juvenile Act, until located and/or
his/her safety/well being is established.”
In case a missing child is not recovered within four months from the date of filing of the FIR, the
matter may be forwarded to the Anti-Human Trafficking Unit in each State in order to enable
the said Unit to take up more intensive investigation regarding the missing child. The Anti-
Human Trafficking Unit shall file periodical status reports after every three months to keep the
Legal Services Authorities updated.
Once a child is recovered, the police authorities shall carry out further investigation to see
whether there is an involvement of any trafficking in the procedure by which the child went
missing and if, on investigation, such links are found, the police shall take appropriate action
thereupon.
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