Supreme Court orders magistrates to probe adult rescued women regardless of consent

The Court reviewed the compliance status by the Union of India and stakeholders and issued further directions to ensure the plan's effective execution.

Who it concerns: Petitioner: Prajwala; Respondent: Union of India; Bench: Hon. Justice J.B. Pardiwalla and Hon. Justice R. Mahadevan.

What the court decided

• The Court directed the Union of India to ensure all States/UTs fully comply with four additional directions (notifying welfare institutions, preparing lists of social welfare workers, designating Police Nodal Officers, and designating Government Nodal Officers) by the next hearing date.
• The Court directed State/UT Governments to issue notifications giving Anti-Human Trafficking Units (ATHUs) the status of a police station at the earliest.
• The Court requested the National Judicial Academy (NJA) to prepare comprehensive protocols/guidelines for Magistrates to conduct 'threshold inquiries' under Section 17 ITPA to identify voluntary sex workers among adult rescued victims.
• The Court ordered the Union of India to submit a fresh status report and the Petitioner to report on the progress of the NJA guidelines by the next hearing date.
• The Court asked both parties to suggest concrete methods to track the real implementation, progress, and impact of the 'Victim Protection Plan'.
• The matter was posted for 14th December, 2026.

Also in the document

• The Court noted that the four additional directions issued in the main judgment have not been fully complied with by all States/UTs as of the hearing date.
• The Court emphasized that the 'threshold inquiry' by Magistrates must be conducted in all circumstances to determine the appropriate course of action for adult rescued victims, regardless of their stated consent.
• The Court expressed concern about the lack of mechanisms to measure the real-world impact of its directions and requested suggestions for tracking progress.