In a landmark judgment aimed at strengthening protections for survivors of human trafficking and commercial sexual exploitation (CSE), the Supreme Court has framed a detailed “Victim Protection Plan” and issued a series of binding directions to governments and authorities across the country.
A Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan delivered the verdict on May 29, 2026, while deciding a long-pending application filed by anti-trafficking organisation Prajwala.
Background of the Case
The litigation traces its roots to a writ petition filed by Prajwala in 2004, raising concerns about the rescue, rehabilitation and protection of women and children rescued from trafficking and commercial sexual exploitation.
The organisation argued that survivors were often treated as offenders rather than victims and that the absence of a robust protection mechanism led to repeated exploitation and re-trafficking.
In 2015, the Supreme Court disposed of the original petition after recording the Union Government’s assurances regarding the creation of an Organised Crime Investigation Agency (OCIA) and the preparation of a comprehensive anti-trafficking framework. However, Prajwala later returned to court alleging that those commitments had not been fully implemented.
Court’s Observations
The Bench undertook an extensive examination of trafficking laws, rehabilitation measures and victim rights.
The Court observed that trafficking survivors are entitled to rehabilitation as part of their constitutional rights. It emphasized that rescue alone cannot be treated as the end of the State’s responsibility.
“The victims’ choices and desires must be accorded due weight,”
the Bench observed while discussing the need for an individualised approach to rehabilitation and protection.
The judgment noted that existing efforts had not produced sufficiently effective results on the ground and that a coordinated victim-centric framework was necessary. The Court also highlighted emerging challenges such as cyber-enabled trafficking and the changing methods used by trafficking networks.
Victim Protection Plan
After examining the legal and institutional framework, the Court framed detailed guidelines covering every stage of intervention, including pre-rescue operations, rescue procedures, post-rescue care, rehabilitation, reintegration, prosecution and training of officials.
The plan seeks to ensure that victims are treated with dignity, provided appropriate shelter and support services, and protected from re-victimisation.
The Bench said,
“By formulating a victim protection plan, we believe we have taken a major step in that direction.”
Court’s Decision
The Supreme Court directed the Union Government and States to comply with the directions contained in the Victim Protection Plan within three months. It also ordered that the matter be listed again in September 2026 for reporting compliance with certain additional directions.
Closing the proceedings, the Court stated that its effort was intended to place survivors at the centre of the legal framework and ensure that they receive the dignity and protection guaranteed under the Constitution..
Case Details:
Case Title: Prajwala v. Union of India & Others
Case Number: Miscellaneous Application No. 530 of 2022 in Writ Petition (Civil) No. 56 of 2004
Judges: Justice J.B. Pardiwala and Justice R. Mahadevan
Decision Date: 29 May 2026
