Telangana High Court Directs State to Clarify Stance on Anti-Trafficking SOPs Under Immoral Traffic Act
The Telangana High Court has issued a significant directive to the state government, demanding clarification on whether it will adopt draft Standard Operating Procedures for the effective implementation of the Immoral Traffic (Prevention) Act. This development came during a hearing on Tuesday, where the court granted the government time until February 24 to file an affidavit regarding its position.
Court's Directive and Timeline
A Division Bench comprising Justice P Sam Koshy and Justice Narsing Rao Nandikonda instructed the state government to either accept the draft SOPs submitted by petitioner NGO Prajwala or propose its own alternative framework. The court emphasized the need for formal instructions from competent government officers, with the case adjourned for further hearing on February 24.
Prajwala's Petition and Key Demands
The writ petition filed by Prajwala, an anti-trafficking organization, raised critical concerns about the implementation of anti-trafficking measures. The organization primarily sought the setting aside of a lower court's May 2025 order that directed it to admit a 35-year-old woman who was identified as a brothel organizer and accused in human trafficking offences.
The petition highlighted several crucial issues:
- Request for appropriate directions or guidelines for magistrates to distinguish between victims needing protection and organizers requiring judicial custody
- Urging magistrates to avoid mechanical orders of remand or admission to protective homes
- Seeking directions to the Telangana Director General of Police to ensure station house officers and investigating officers properly identify organizers and traffickers
- Emphasizing that individuals already identified as organizers or traffickers should not be treated as victims
Draft SOPs and Legal Arguments
During the hearing, Advocate Deepak Misra, representing Prajwala, presented draft Standard Operating Procedures that had been submitted to the court and handed over to the government's legal team for review on December 17. The draft SOPs reportedly identify various "tell-tale" signs to distinguish victims from perpetrators.
Senior Counsel L Ravichander, also representing Prajwala, argued forcefully for the necessity of distinguishing between victims and perpetrators. He contended that without proper differentiation, victims' rehabilitation efforts would likely fail due to exposure to and influence by perpetrators within protective institutions.
Broader Implications and Next Steps
The court's directive represents a significant step toward establishing clearer protocols for implementing the Immoral Traffic (Prevention) Act in Telangana. By demanding that the state government either adopt the petitioner's draft SOPs or propose its own, the High Court is pushing for systematic improvements in how trafficking cases are handled.
The February 24 hearing will be crucial, as the state government's response will determine the future direction of anti-trafficking procedures in Telangana. The outcome could potentially set important precedents for how victims and perpetrators are distinguished in trafficking cases across the state.
This case underscores the ongoing challenges in effectively implementing anti-trafficking laws and the importance of clear operational guidelines to protect genuine victims while ensuring perpetrators face appropriate legal consequences.
