NEW DELHI: The Supreme Court on Friday laid down a comprehensive legal framework to combat human trafficking for commercial sexual exploitation and mandated dignified rehabilitation of survivors across the country.
Observing that human trafficking is a “direct assault on constitutional dignity”, a bench of Justices J B Pardiwala and R Mahadevan issued binding directions to the Centre and all states to implement a nationwide “victim protection plan”.
The directions cover rescue, identification, rehabilitation, prosecution and stronger institutional coordination in trafficking-related cases.
The apex court passed the order while hearing a Public Interest Litigation filed in 2004 by NGO Prajwala highlighting the rise in trafficking and commercial sexual exploitation of women and children.
“This will remain very close to our hearts because it will go a long way in protecting vulnerable young girls and women,” Justice Pardiwala observed while pronouncing the judgment.
The bench clarified that consent is the key factor in distinguishing trafficking from voluntary adult sex work.
The court directed that police and rescue agencies must conduct an immediate threshold inquiry before initiating coercive action to prevent misuse of anti-trafficking laws.
It further held that once trafficking is established through force, coercion, deception or exploitation, consent becomes legally irrelevant.
The bench said operations under Sections 15 and 16 of the Immoral Traffic (Prevention) Act, 1956 must focus on identifying exploitation, coercion, abuse and force, instead of indiscriminately targeting consenting adults engaged in sex work.
The court also held that the right to rehabilitation flows from Article 21 of the Constitution and is integral to the right to live with dignity.
The judgment integrates provisions of the Juvenile Justice Act and the Protection of Children from Sexual Offences Act into the anti-trafficking framework.
It also called for closer coordination among Child Welfare Committees, Anti-Human Trafficking Units, One Stop Centres, legal aid authorities and state protection homes.
The court directed that the matter be listed again after three months to monitor compliance by the Union government as well as all states and Union Territories.
