·The Hindu·15 marks·250–350 words

"Mandatory registration of FIRs in missing-person cases strengthens accountability but strains police capacity." Critically examine this in light of recent Supreme Court directions.

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In this answer
  1. How it strengthens accountability
  2. How it strains police capacity
  3. Way forward

In G. Ganesh v. State of Tamil Nadu (May 2026), the Supreme Court ordered every police station to register an FIR as soon as a person is reported missing, without any preliminary enquiry. In August 2026 it clarified that "person" includes adults [1]. The rule fixes a real failure of police accountability. Applied to every case in the same way, however, it strains police capacity.

How it strengthens accountability

  • Ends the "search first" culture: Police cannot ask families to search first. Action begins in the golden hours, when the chance of recovery is highest [1].
  • Makes hidden cases visible: After the 2013 Bachpan Bachao Andolan direction, recorded missing-children cases rose. MHA says this came from better registration, not more crime [2].
  • Builds an anti-trafficking chain: AHTUs are to be fully working within four weeks. An MHA trafficking portal is to be linked with CCTNS, and Aadhaar verification is required for recovered persons [1].
  • Adds child-focused units: MHA asks for a Child Welfare Officer in every police station and SJPUs [3].

How it strains police capacity

  • Spreads resources thin: Every report must be processed, including adults who left by choice (elopement, migration for work). Genuine trafficking cases then compete for the same investigating officers.
  • Going missing is not a crime: An FIR records a cognizable offence. For a missing adult, police may have to record an offence that never happened. Families can then use it against a partner they disapprove of, which harms the autonomy protected by Article 21.
  • Stricter than the statute: BNSS Section 173(3) allows a DSP-approved preliminary enquiry for offences punishable with 3–7 years [4]. A report of a missing adult now gets less filtering than an actual crime.
  • Overlapping databases: The new portal sits alongside MWCD's Track Child and Khoya-Paya [6], so the same case may be recorded several times.

Way forward

  • Two-track SOP:
  • Immediate FIR for every missing child and for any case showing force or trafficking.
  • For adults with credible evidence of leaving by choice, record a report and allow a short enquiry approved by a DSP. An FIR follows automatically if the person's safety cannot be confirmed.

  • Focus on tracing, not paperwork: Use organised search drives such as MHA's Operation Smile/Muskaan [5], and connect all the portals.

Overall, the statement is largely valid. Mandatory FIRs have fixed a real accountability gap, especially for children, but applying them to every adult spreads thin the police capacity they depend on. A two-track approach that protects children first and respects adult choices would preserve the Court's intent, uphold Article 21, and advance SDG 16.2 on ending trafficking.

Sources

  1. 1Supreme Court of India, *G. Ganesh v. State of Tamil Nadu & Ors.*, orders dated 22.05.2026 and 05.08.2026FIR without preliminary enquiry, golden hours, AHTUs, MHA portal with CCTNS, Aadhaar, "person" includes adults
  2. 2MHA, Lok Sabha Unstarred Question No. 4003, 25.03.2025BBA direction; rise in recorded cases due to better registration
  3. 3MHA, Advisory on Missing Children to Prevent Trafficking, F.No.15011/60/2011Child Welfare Officer in every police station; SJPUs
  4. 4PIB, CrPC and BNSS: A Comparative Analysis (2024)Section 173(3) preliminary enquiry for 3–7 year offences
  5. 5PIB, Drive to Rescue Missing ChildrenOperation Smile and Operation Muskaan
  6. 6PIB, Missing children on Track Child and Khoya-PayaMWCD's Track Child and Khoya-Paya portals

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