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Relevance: GS Paper II — Polity, Judiciary, Vulnerable Sections, Welfare Schemes Source: Supreme Court judgment, 2026

1 · What happened

The Supreme Court held that the absence of a dedicated law “seriously impairs the fundamental rights” of victims of trafficking for commercial sexual exploitation (CSE). It framed an interim Victim Protection Plan to operate until Parliament passes such a law.
The directions arise from a 2004 petition by Prajwala, a Hyderabad anti-trafficking NGO, which argued that survivors were treated as criminals rather than victims.

2 · The four operational safeguards

The plan is survivor-centric: it shifts the focus from punishing the rescued person to protecting their dignity, and makes free and informed consent the governing test for any protective custody.

At Rescue
No Arrest, No Filming
Victims cannot be arrested or abused. Filming or photographing them in any identity-compromising way is barred.
Post-Rescue
Care, Not Lock-up
No police lock-up or overnight detention. They get immediate legal aid, counselling and medical care.
Institutions
AHTUs Upgraded
All Anti-Human Trafficking Units to be notified as police stations, led by an officer of at least DySP rank.
Before the Magistrate
Hearing on Consent
Before any long-term custody, the magistrate must hear the survivor and verify that the choice is voluntary.

  • The flaw in ITPA: Section 17 of the Immoral Traffic (Prevention) Act, 1956 uses a “one-size-fits-all” approach, treating forced victims and voluntary adult workers alike.
  • Why consent is central: For a voluntary adult worker the idea of “rescue” does not apply, so a magistrate must first sort voluntary from involuntary.
  • The ground problem: Where poverty, debt and lack of livelihood exist, structural coercion can mimic free choice, making the voluntary/involuntary line hard to draw.

UPSC Value Box
Article 23 Prohibits traffic in human beings and begar (forced labour).
Article 21 Right to life and personal liberty; forced institutionalisation without consent violates it.
ITPA, 1956 Main law against commercial sexual exploitation; Section 17 governs post-rescue steps.
Prajwala Hyderabad NGO; filed the 2004 PIL behind these directions.
NIA Empowered in 2019 to probe trafficking, especially cross-state/border cases.
AHTU Anti-Human Trafficking Unit; to be made a police station led by a DySP-rank officer.
Ujjawala Scheme MoWCD scheme for prevention, rescue, rehabilitation and reintegration.
Swadhar Greh MoWCD scheme giving shelter, food and medical aid to women in distress.

MCQ Practice Question
Q. With reference to anti-trafficking law and the Constitution, consider the following statements:

  1. Article 23 of the Constitution prohibits traffic in human beings and forced labour.
  2. The Immoral Traffic (Prevention) Act came into force in 1956.
  3. The Central Bureau of Investigation was empowered in 2019 to probe human trafficking offences.

Which of the statements given above is/are correct?
(a) 1 and 2 only    (b) 2 and 3 only    (c) 1 and 3 only    (d) 1, 2 and 3

Answer: (a) 1 and 2 only

  • Statement 1 — Correct: Article 23 bans traffic in human beings and begar (forced labour).
  • Statement 2 — Correct: The Immoral Traffic (Prevention) Act dates to 1956.
  • Statement 3 — Incorrect: It was the National Investigation Agency (NIA), not the CBI, that was empowered in 2019 to handle trafficking offences — a swapped-institution trap.
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