"Supreme Court Judgment Establishes Victim-Centric Framework for Sex Trafficking Cases"
Article 23
Constitutional provision prohibiting traffic in human beings and forced labour; part of the Right Against Exploitation.
Article 142
Supreme Court power to pass any order necessary for complete justice; used to issue the Victim Protection Plan in Prajwala.
Article 23 of the Constitution prohibits traffic in human beings and forced labour, making their practice a fundamental rights violation enforceable against both the state and private actors. Article 24 further prohibits child labour in hazardous occupations. Together, these provisions form the constitutional backbone of India's anti-trafficking framework under the Right Against Exploitation.
Despite these guarantees, legislative action was slow and fragmented. The Bonded Labour System (Abolition) Act, 1976 abolished bonded labour agreements and directed district magistrates to identify and rehabilitate freed persons. The Immoral Traffic (Prevention) Act, 1956 (ITPA) remains the primary statute governing sex trafficking, though critics have long argued it focuses more on penalising sex work than on protecting victims. The Protection of Children from Sexual Offences (POCSO) Act, 2012 strengthened protections for minors. Schemes such as the Ujjwala Scheme were designed to provide safe homes and rehabilitation support for trafficking victims. Yet implementation has lagged severely. NCRB data shows a 93 per cent acquittal rate in human trafficking cases, and only 16,428 persons rehabilitated under the Central Sector Rehabilitation Scheme against a declared target of 1.84 crore.
The National Legal Services Authority (Victims of Trafficking and Commercial Sexual Exploitation) Scheme and advisories from the Union Home Ministry designating the National Investigation Agency (NIA) to investigate trafficking as organised crime added institutional layers. A dedicated anti-trafficking Bill has been under legislative consideration for years without enactment. This legislative vacuum left the criminal justice system without a coherent, victim-centred protocol.
The Supreme Court's judgment in Prajwala vs. Union of India (May 2026), delivered by a bench exercising powers under Article 32 and Article 142 of the Constitution, represents a structural shift in how the criminal justice system must treat sex-trafficked persons. The petition was filed in 2004 by Prajwala, an anti-trafficking organisation, and the judgment came 22 years later after persistent litigation.
The judgment defines three categories of women in sex work: those coerced into it, those who were coerced but have normalised the experience, and those who entered voluntarily. Crucially, the court holds that all three categories are victims and can be rescued. This position addresses a practical enforcement problem: traffickers routinely coach victims to claim voluntary participation during rescue operations, making it difficult for police to distinguish coerced from voluntary persons. …
Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1.Prohibition of traffic in human beings and forced labour
2.Abolition of untouchability
3.Protection of the interests of minorities
4.Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
Multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case.
With reference to the Supreme Court's Victim Protection Plan issued in the Prajwala vs. Union of India judgment, consider the following statements:
1.The Plan was issued in exercise of the Supreme Court's powers under Articles 32 and 142 of the Constitution.
2.It mandates a threshold enquiry by a magistrate within one month of rescue to assess the quality of a victim's consent.
3.It requires anti-human trafficking units to be notified as police stations.
4.The Plan functions as binding law until Parliament enacts new legislation on the subject.
How many of the above statements are correct?
Which of the following are envisaged by the Right Against Exploitation under the Constitution of India?
1.Prohibition of traffic in human beings
2.Prohibition of forced labour
3.Abolition of untouchability
4.Prohibition of employment of children in hazardous occupations
Select the correct answer using the code given below:
Consider the following pairs relating to anti-trafficking schemes and their primary purpose:
1.Ujjwala Scheme — Establishing safe homes and rehabilitation support for trafficking victims
2.NALSA (Victims of Trafficking) Scheme — Providing legal aid and support to trafficking victims
3.NIA designation for trafficking — Treating human trafficking as organised crime for investigation
How many of the above pairs are correctly matched?
With reference to the Prajwala vs. Union of India judgment (2026), which of the following statements is/are correct?
1.The Supreme Court held that only women coerced into sex work qualify as victims for the purpose of rescue and rehabilitation.
2.The judgment establishes rehabilitation as a right of the victim, not a discretionary benefit of the state.
3.The Victim Protection Plan requires social workers to assist the magistrate in the threshold enquiry after rescue.
Select the correct answer using the code given below:
Assertion (A): The Supreme Court issued the Victim Protection Plan in Prajwala vs. Union of India as a binding direction under Article 142, to function as law until Parliament enacts new legislation.
Reason (R): Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any cause or matter pending before it.
Which of the following is correct?
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