'Will Remain Very Close To Our Hearts...': SC Issues Directions To Curb Sex Trafficking Of Children, Women
The apex court issued directions to establish a nationwide victim protection plan covering rescue, identification, rehabilitation, prosecution and institutional coordination.
By Sumit Saxena
Published : May 29, 2026 at 7:52 PM IST
New Delhi: The Supreme Court on Friday laid down a comprehensive legal framework to combat human trafficking for commercial sexual exploitation and ensure dignified rehabilitation of survivors nationwide.
The judgment was delivered by a bench led by Justice J B Pardiwala. The bench issued binding directions to establish a nationwide “victim protection plan” covering rescue, identification, rehabilitation, prosecution, and institutional coordination. The bench called trafficking a "direct assault on constitutional dignity."
Justice Pardiwala, pronouncing the judgment, said, “This will remain very close to our hearts because it will go a long way in protecting vulnerable young girls and women.”
The bench underscored that consent remains the decisive factor in distinguishing trafficking from voluntary adult sex work. To guard against misuse of anti-trafficking laws, it directed police and rescue authorities to conduct an immediate threshold inquiry before resorting to coercive action.
The bench said that consent becomes legally irrelevant when trafficking is established through force, coercion, deception, or exploitation.
The bench observed that rescue operations under Sections 15 and 16 of the Immoral Traffic (Prevention) Act, 1956 must focus on identifying exploitation, coercion, trafficking, abuse, or force, not indiscriminately criminalising vulnerable individuals involved in sex work based on their consent.
The apex court held that the right to rehabilitation flows directly from Article 21 and is integral to the right to live with dignity. The victim protection plan mandates minimum standards for shelter homes, mental health care, vocational training, compensation, legal aid, witness protection, and reintegration measures.
The bench integrated the Juvenile Justice Act and the POCSO Act into the anti-trafficking framework, directing closer coordination among Child Welfare Committees, Anti-Human Trafficking Units, one stop centres, legal aid authorities, and state protection homes.
The apex court said the matter will be listed again after three months for monitoring compliance by the Centre and all states and Union Territories.
The proceedings originated from a PIL filed in 2004 concerning the alarming rise of human trafficking and commercial sexual exploitation of women and children across India. Senior advocate Aparna Bhat represented the petitioners in the matter.
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