FIR REGISTRATION

Mandatory FIR registration in missing-person cases seeks to prevent abduction and trafficking but may conflict with the autonomy of adults. Discuss.

Model Answer

Introduction

The Supreme Court has directed mandatory FIR registration upon information about a missing person to ensure prompt action against abduction and trafficking. However, applying the same approach to adults raises concerns regarding individual autonomy.

Concerns

  • Adult agency: Adults may voluntarily leave home, marry or live with a partner.
  • Unnecessary intervention: Mandatory tracing may expose consenting adults to unwanted family or police scrutiny.
  • Presumption of crime: Automatically treating every missing adult as a potential abduction/trafficking case may be excessive.
  • Resource burden: Police resources may be diverted from cases involving genuine criminality.

Way Forward

  • Maintain immediate FIRs and stronger safeguards for missing children.
  • For adults, permit a limited, time-bound preliminary enquiry where circumstances do not indicate a cognisable offence.
  • Use risk-based indicators such as age, vulnerability and evidence of coercion/trafficking.
  • Strengthen Anti-Human Trafficking Units and inter-State coordination.

Conclusion

The objective should be to ensure swift protection against trafficking while respecting the autonomy and privacy of consenting adults.