Supreme Court Calls for Law Protecting Trafficked Sex Workers from Prosecution

New Delhi, May 31, 2026: The Supreme Court has urged the Centre to consider amending the Immoral Traffic (Prevention) Act (ITPA) to ensure that victims trafficked into commercial sexual exploitation are not prosecuted for prostitution. The court also called for legal safeguards to protect rescued victims from sexual abuse by police personnel while in custody.

In a landmark judgment delivered on May 29, a Bench comprising Justices J.B. Pardiwala and R. Mahadevan issued a comprehensive Victim Protection Plan to safeguard the rights of trafficking victims until Parliament enacts a dedicated law on the subject.

The court stressed that a uniform approach to all individuals involved in prostitution is inappropriate, distinguishing between those trafficked into the trade and adults who engage in sex work voluntarily. It observed that conflating prostitution with trafficking under the existing law results in all individuals being processed through the same legal mechanism, regardless of their circumstances.

The judgment noted that voluntary adult sex workers often face severe social stigma, marginalisation and barriers to accessing legal protections. The Bench emphasised that while the rights of sex workers must be respected, this does not amount to recognising a legal right to sex work.

Under the protection plan, victims of trafficking must not be treated as criminals at any stage. The court highlighted that trafficking violates the fundamental right to live with dignity and often exploits people already vulnerable due to poverty and deprivation.

The Bench directed magistrates to conduct an initial inquiry when a sex worker is produced before them to determine whether the individual is a voluntary adult sex worker who wishes to avoid long-term protective custody. However, it cautioned that traffickers often exercise significant control through coercion, intimidation and psychological manipulation, making careful investigation essential.

The Supreme Court also urged the government to enact comprehensive anti-trafficking legislation covering all forms of exploitation. Referring to reports of police complicity in trafficking cases, it recommended creating specific offences for police personnel who exploit victims in custody and establishing safeguards against wrongful confinement.

Additionally, the court laid down guidelines for rescue operations, directing authorities to avoid verbal or physical abuse, unnecessary force or manhandling. It also ordered that the identities of victims be protected during photography and videography conducted at rescue sites.

Source: The Indian Express

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