Overview
The Supreme Court on May 29, 2026 delivered a landmark judgment that creates a pan‑India Victim Protection Plan. The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, invoked Articles 32 and 142 of the Constitution to issue binding directions.
Key Developments
- Definition of trafficking based on the three‑element test of the Palermo Protocol: action, means and exploitation.
- Consent is the decisive factor distinguishing trafficking from voluntary adult sex work; police must conduct a threshold inquiry before coercive action.
- Rescue operations under Immoral Traffic (Prevention) Act must target exploitation, not criminalise consensual sex workers.
- Integration of the Juvenile Justice Act and POCSO Act into the anti‑trafficking regime.
- Minimum standards for shelter homes, mental‑health support, vocational training, compensation, legal aid, witness protection and reintegration are mandated.
- The Court declined to set up a separate Organized Crime Investigative Agency, stating existing statutes are sufficient.
Important Facts
The judgment links anti‑trafficking measures to Article 23, calling trafficking a "direct assault on constitutional dignity". I