Supreme Court of India. File
| Photo Credit: S. Subramanium
Human rights activists have welcomed the Supreme Court’s first-of-its-kind guidelines aimed at protecting survivors of human trafficking, saying the directions recognise the rights of victims and address long-standing gaps in rescue and protection measures.
On May 29, 2026, the Supreme Court of India in Prajwala v. Union of India mandated a comprehensive Victim Protection Plan for survivors of human trafficking for sexual exploitation. The plan, based on Articles 21 and 23, covers the entire process from pre-rescue to rehabilitation, treating survivors as victims entitled to rehabilitation rather than offenders.
Sunitha Krishnan, co-founder of Prajwala, a Hyderabad-based anti-trafficking NGO, described the judgment as both landmark and historic, saying it is the first to recognise survivors of human trafficking as rights-holders entitled to dignity and rehabilitation, rather than as recipients of charity.
Rights-focused framework
Describing the guidelines as trauma-informed and human rights-focused, Ms. Krishnan said none of the words used in it are rhetoric. The guidelines make it mandatory for victims to receive representation immediately after rescue, including support from a dedicated caseworker from the social sector who can spend time understanding their needs.
What is unique about the Victim Protection Plan is, Ms. Krishnan said, at every level, the consent of the person has to be taken, dignity has to be ensured, and all of that is translated into specific actions. It includes what should happen after rescue, how a person can be admitted to a home, how long they can be kept there, and all the rest of it.
The plan also addresses practical challenges faced during rescue operations by laying down a structured process. All rescued persons must first be provided safe shelter and trauma care, following which social workers conduct an initial assessment to determine whether they entered prostitution voluntarily or through coercion.
“If there is a mismatch between a woman’s account and the social workers’ findings, the magistrate must order a more detailed inquiry. Even women who choose to leave shelters cannot be denied compensation, welfare benefits, or other entitlements, with designated caseworkers responsible for ensuring continued support for up to three years,” Ms. Krishnan said.
Need for clarity
Kandasamy Krishnan, president of Adhiboomi, welcomed the guidelines but said there was a need for greater clarity on implementation. “The guidelines lay down broad principles, but there is no specific clarity on which department will take charge of rehabilitation, which agency will function as the nodal authority, who will arrange transportation when the victim is found in another State, or who will provide temporary shelter,” he said.
He urged the State government to hold consultations with experts, civil society organisations, and practitioners working on the ground to develop a State-specific framework.
Mr. Krishnan also called for the State government to release data on the number of trafficking survivors identified so far and provide details on the status of their rehabilitation.
Law for bonded labour
Welcoming the victim protection plan, P. Pathimaraj of SHED India said it provides a much-needed uniform protocol for implementation and argued that similar frameworks are required for other forms of trafficking as well.
“Women are primarily trafficked for commercial sexual exploitation, but trafficking also occurs for bonded labour, organ trade, forced marriage, domestic servitude, and even anti-national activities. There is no proper, uniform plan to address these forms of trafficking,” he said.
Mr. Pathimaraj added a similar protection and rehabilitation framework is needed for bonded labour cases. He said the root causes of trafficking, including unemployment and the role of middlemen who often enjoy political patronage, also need to be addressed
Published – June 15, 2026 02:36 pm IST
