Authority: Supreme Court of India

Order Date: 13-10-2026

Case Overview

  • Parties: Prajwala (NGO petitioner) vs Union of India (respondent); hearing before Hon’ble Justices J.B. Pardiwala and R. Mahadevan.
  • The matter concerns implementation of the Court’s extensive Victim Protection Plan for women and children trafficked for commercial sexual exploitation, issued in its main judgment dated 29‑05‑2026 (paragraphs 387‑424) and the constitution of the Organized Crime Investigation Agency (OCIA).
  • Petitioner’s senior counsel Ms. Aparna Bhat submitted a compliance table identifying 16 stakeholder categories (All Authorities, State Governments, High Courts, Magistrates, Anti‑Human Trafficking Units, Rescue Teams, NGOs, Protective Homes, Social and Case Workers, DLSA and Lawyers, Police Officers, Child Welfare Committees, Medical and Mental Health Professionals, Crime Records Bureau, Committees Overseeing Protective Homes, Anti‑Human Trafficking Cell) and their assigned roles and duties, cross‑referencing relevant judgment paragraphs.
  • Union of India, represented by A.S.G. Ms. Aishwarya Bhati, submitted a status note indicating that four additional directions under paragraph 456 (notification of recognized welfare institutions, preparation of a state‑wide list of social welfare workers, designation of Police Nodal Officer, and designation of Government Nodal Officer) have not been fully complied with by all States/UTs.
  • The Court observed that the lack of full compliance persists and directed further action.

Final Outcome

1. All State/UT Home Departments must promptly issue notifications granting Anti‑Human Trafficking Units (ATHUs) the status of a police station, as per paragraph 362 b(iii) of the main judgment.

2. States/UTs must complete the four additional directions of paragraph 456: (i) notify recognized welfare institutions/organizations under Section 15(6A) ITPA and for the purpose of Section 17A ITPA; (ii) prepare a State/UT‑wide list of eligible social welfare workers for the non‑official advisory board under Section 13(3)(b) ITPA and the magistrate’s panel under Section 17(5) ITPA; (iii) designate a Police Nodal Officer (PNO); (iv) designate a Government Nodal Officer (GNO).

3. The Union of India must obtain the necessary information from all stakeholders identified in the petitioner’s compliance table and report the manner of compliance by the next hearing.

4. The National Judicial Academy is tasked to prepare a comprehensive protocol/guidelines for magistrates to conduct the “threshold inquiry” under Section 17 ITPA to determine the voluntary or non‑voluntary nature of rescued adult victims, with training to ensure uniform implementation.

5. By the next date of hearing (scheduled for 14‑12‑2026), the Union must place a fresh status report on record, and the petitioner must update the Court on the progress of the National Judicial Academy’s protocol preparation and suggest concrete mechanisms to track implementation, progress, and impact of the Victim Protection Plan.

Topics: Human Trafficking, Victim Protection, Judicial Implementation