The Supreme Court has asked the National Judicial Academy (NJA) to prepare comprehensive guidelines for magistrates conducting inquiries into adult women rescued in human trafficking cases, stressing the need for a uniform process to assess consent, safety, rehabilitation and reintegration.
A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan also directed the Union Government to ensure that States and Union Territories comply with earlier directions issued under the Court’s Victim Protection Plan.
Background
The order was passed while monitoring compliance with the Court’s May 29, 2026 judgment, which laid down a Victim Protection Plan for women and children affected by human trafficking for commercial sexual exploitation.
During the hearing, the Bench noted that the Union Government’s status report showed that four additional directions had not been fully implemented by all States and Union Territories. These include notifying recognised welfare institutions, preparing lists of eligible social welfare workers, and appointing police and government nodal officers.
The Court said the preliminary inquiry under Section 17 of the Immoral Traffic (Prevention) Act, 1956, must examine the rescued woman’s consent, views on long-term protective custody, the nature of her work and any threats, coercion or risk of being trafficked again.
The Bench observed:
“The threshold inquiry as regards the voluntary nature of the work of the rescued victim is triggered notwithstanding the opinion expressed by the rescued victim that her work is voluntary in nature.”
The Court also emphasised the need for a consistent approach across the country, observing:
“The creation of such guidelines and imparting such training would ensure that the determination process is uniform across the country.”
The Bench requested the National Judicial Academy to prepare a comprehensive protocol for magistrates, with petitioner Prajwala permitted to assist. It also directed State and Union Territory governments to notify Anti-Human Trafficking Units as police stations in accordance with law.
The Court directed the Union Government to file a fresh status report and asked both sides to suggest ways to measure the actual implementation and impact of the Victim Protection Plan.
The matter was listed for further hearing on December 14, 2026.
