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NHRC issues notices to five States over rise in missing persons cases

March 13, 2026 5 min read Polity & Governance Social Issues GS Paper 2 (Governance Rights); GS Paper 1 (Social Issues)
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What Happened

  • The National Human Rights Commission (NHRC) took suo motu cognisance of reports highlighting a growing number of missing persons across several states and the poor record in tracing them, particularly children.
  • NHRC issued notices to the Chief Secretaries and Directors General of Police (DGPs) of Bihar, Odisha, Telangana, Maharashtra, and Rajasthan, seeking detailed reports within two weeks.
  • The NHRC flagged that between 12,000 and 14,000 missing person cases are registered annually in Bihar alone since 2013, with a significant proportion involving children — and barely two-thirds of missing children traced.
  • The Commission expressed concern that many missing persons cases — particularly involving women and children — are linked to human trafficking networks.
  • According to NCRB data cited in NHRC proceedings, approximately 8.7 lakh persons were reported missing in India in 2023, with nearly half still untraced.

Static Topic Bridges

National Human Rights Commission (NHRC): Powers, Functions, and Limitations

The NHRC is a statutory body constituted on October 12, 1993 under the Protection of Human Rights Act, 1993 (PHRA), following the Protection of Human Rights Ordinance of September 28, 1993. It is mandated to protect and promote human rights — defined as rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India. The NHRC operates like a civil court and its proceedings have a quasi-judicial character.

  • NHRC Composition: Chairperson (retired Chief Justice of India) + four members (retired judges of the Supreme Court or a High Court, or persons with experience in human rights).
  • The NHRC has all powers of a civil court under the Code of Civil Procedure (CPC), 1908, including summoning witnesses, ordering discovery of documents, and receiving affidavit evidence.
  • The NHRC can take suo motu cognisance of human rights violations — it does not need to wait for a formal complaint.
  • Limitation: NHRC's recommendations are not binding; it cannot punish violators or directly award relief. It recommends, but cannot compel, state action.
  • The NHRC cannot investigate any matter after one year from the date of the alleged violation (limitation clause).

Connection to this news: The NHRC's suo motu action — issuing notices to five states — is a direct exercise of its investigative powers, bypassing the need for formal complaints. The one-year limitation clause does not apply here as the issue is ongoing.

Missing persons cases in India — particularly those involving children and young women — are frequently linked to human trafficking for purposes of labour exploitation, sexual exploitation, forced marriage, or organ trafficking. The National Crime Records Bureau (NCRB) tracks both missing persons data and trafficking data, though gaps in reporting and weak coordination between states hinder comprehensive tracking. The Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Immoral Traffic (Prevention) Act (ITPA), 1956 (amended 2006), form the primary legislative framework for addressing these crimes.

  • NCRB data (2023): approximately 8.7 lakh persons reported missing in India; nearly half untraced.
  • Missing children (2022 NCRB): over 47,313 children untraced cumulatively; 71.4% were girls (33,798 out of 47,313).
  • Human trafficking cases registered (2022): 2,250; victims identified: 6,036 — of whom 2,878 were children (1,059 girls).
  • High-trafficking states per NCRB: Odisha, Bihar, Telangana, Maharashtra — overlapping with states under NHRC notice.
  • India is a source, transit, and destination country for human trafficking (classified as Tier 2 Watch List by US State Department in recent years).

Connection to this news: The NHRC's focus on Bihar, Odisha, Telangana, Maharashtra, and Rajasthan directly correlates with NCRB data on high-incidence states for missing persons and human trafficking, indicating a data-driven targeting of the Commission's notice.

Policing and State Subject: Constitutional Dimensions

Law and order, including the investigation of crimes such as missing persons and trafficking, is a State subject under Schedule VII, List II of the Indian Constitution. The state police and state criminal investigation departments bear primary responsibility for registering FIRs in missing persons cases, conducting searches, and inter-state coordination. The Central Government's role is limited to advisory guidance, funding (through Centrally Sponsored Schemes), and central agencies (CBI, NCB, NIA for specific offences). The NHRC, as a Central statutory body, does not have direct enforcement authority over state police but can pressure states through recommendations and adverse findings.

  • Police: Entry 2, State List (List II), Seventh Schedule.
  • Missing persons FIRs fall under Section 154 of the CrPC (now BNSS — Bharatiya Nagarik Suraksha Sanhita, 2023).
  • The Missing Persons Coordination Scheme and TrackChild portal (Ministry of Women and Child Development) are Central initiatives to improve tracking.
  • The Central government can ask states to take action through NHRC notices, Parliamentary Standing Committees, and Home Ministry advisories.
  • NHRC findings can be used in PIL proceedings before High Courts or the Supreme Court.

Connection to this news: The five states targeted by NHRC notices must respond to the Commission's queries — even though policing is their sovereign domain. This illustrates how Central quasi-judicial bodies exercise soft accountability over state governments in human rights matters.

Key Facts & Data

  • NHRC established: October 12, 1993 under the Protection of Human Rights Act, 1993.
  • NHRC Chairperson: retired Chief Justice of India.
  • States served notice: Bihar, Odisha, Telangana, Maharashtra, Rajasthan.
  • Bihar: 12,000–14,000 missing persons cases annually since 2013.
  • India missing persons (2023 NCRB): approximately 8.7 lakh reported; ~50% untraced.
  • Missing children (2022): 47,313+ untraced cumulatively; 71.4% female.
  • Human trafficking victims (2022): 6,036 identified; 2,878 children.
  • NHRC power: Quasi-judicial; suo motu cognisance; recommendations not binding.
  • Limitation: Cannot investigate matters older than one year from the date of alleged violation.
  • TrackChild portal: Central government initiative for tracking missing children (Ministry of WCD).