Judgment Summary: What the Supreme Court’s ruling on right to rehabilitation means for survivors of Commercial Sexual Exploitation

ON MAY 29, 2026, the Supreme Court of India recognized the right to rehabilitation and treatment of the rescued victims of human trafficking and sexual exploitation guaranteed under Articles 21 and 23 of the Indian Constitution. Addressing the continuing legislative and policy vacuum affecting the fundamental right of trafficking victims, the Court exercised its powers under Articles 32 and 142 to frame comprehensive guidelines of ‘Victim Protection Plan’ for the authorities involved in rehabilitation, medical and legal assistance, and reintegration of survivors from the Commercial Sexual Exploitation (‘CSE’) activities. 

The Division Bench comprising Justices J.B. Pardiwala and R. Mahadevan held that victims are not merely entitled to be “rescued” but are also entitled to “meaningful rehabilitation”, and held that rather than treating victims as offenders, the authorities should adopt a victim friendly approach at every stage of intervention. The bench also addressed the status of voluntary sex workers in India, and emphasized that once it is established after careful enquiry that there are ‘no immediate safety risks or signs of coercion involved with the agency of the voluntary workers’, no unnecessary interference of the authorities is required. 

Background: A story of non-compliance

In 2004, a writ-petition was filed by an anti-trafficking NGO based out of Hyderabad before the Supreme Court highlighting several challenges in the anti-trafficking efforts undertaken in India, and sought directions for the Central and State governments to take appropriate steps to rehabilitate and treat survivors of the commercial sexual exploitation (CSE), particularly where rescued victims were being prosecuted as criminals under the existing Immoral Traffic (Prevention) Act, 1956 (‘ITPA’). 

On October 30th, 2014, the Court referred to Vishal Jeet v. UOI (1990), wherein directions were issued to the Union and the State Government to establish ‘Central and State Advisory Committees’ for the rehabilitation and treatment of child victims rescued from human trafficking.  

Over the years, with multiple consultations between civil society organisations, and government agencies, a Joint-Proposal was prepared by the National Legal Service Authority of India (NALSA) and the petitioner on ‘Victim Protection Plan’ and was filed before the Court in 2006 outlining the necessary safeguards for the victims during the pre-rescue, rescue and post-rescue stages from human trafficking and commercial sexual activities. The Union Government later placed on record a “Draft Protocol for the pre-rescue, rescue and post-rescue operation of child victims of trafficking for commercial sexual exploitation”.