Telangana High Court Directs State to Clarify Stance on Anti-Trafficking SOPs
The Telangana High Court has issued a significant directive to the state government, demanding clarification on whether it will adopt draft Standard Operating Procedures (SOPs) for the effective implementation of the Immoral Traffic (Prevention) Act. This development emerged during a hearing on a writ petition filed by the anti-trafficking NGO Prajwala, which seeks to establish clear guidelines to distinguish between victims and perpetrators in human trafficking cases.
Court Grants Time for Government Response
A Division Bench comprising Justice P Sam Koshy and Justice Narsing Rao Nandikonda has granted the state government time until February 24 to file an affidavit regarding the draft SOPs. The court emphasized that the government must either accept the SOPs submitted by Prajwala or propose its own modifications to ensure effective changes. This order follows the submission of draft SOPs by Prajwala's counsel, Advocate Deepak Misra, on December 17, which were handed over to the government's legal team for review.
Background of the Petition
The writ petition by Prajwala primarily seeks to set aside a lower court's order from May 2025, which directed the NGO to admit a 35-year-old woman into a protective home. Prajwala argued that this individual was an organiser of a brothel and an accused in human trafficking offences, highlighting a critical flaw in the current system where perpetrators may be mistakenly treated as victims. The petition urges the court to issue appropriate directions or guidelines for all magistrates to avoid mechanical orders of remand or admission to protective homes, ensuring a clear distinction between those needing protection and those who should face judicial custody.
Key Arguments and Implications
During the hearing, Senior Counsel L Ravichander, representing Prajwala, argued that distinguishing victims from perpetrators is essential for successful rehabilitation efforts. He contended that without such differentiation, victims' rehabilitation could fail due to exposure to and influence by perpetrators. The draft SOPs presented by Prajwala include various "tell-tale" signs to help identify victims accurately, aiming to prevent miscategorization that undermines anti-trafficking initiatives.
The petition also seeks directions to the Telangana Director General of Police to instruct all station house officers and investigating officers to ensure that individuals already identified as organisers or traffickers are not treated as victims. This move is intended to strengthen law enforcement's approach to human trafficking cases and enhance accountability.
Next Steps and Adjournment
The court has ordered government pleaders to obtain formal instructions and file an affidavit from a competent government officer, either accepting the draft SOPs or proposing an alternative plan. The case has been adjourned for further hearing on February 24, where the state's response will be scrutinized. This legal proceeding underscores the ongoing efforts to refine anti-trafficking measures in Telangana, with potential implications for broader national policies under the Immoral Traffic Act.
In summary, the Telangana High Court's intervention highlights the urgent need for standardized procedures to combat human trafficking effectively, balancing victim protection with judicial accountability for perpetrators.
