Telangana High Court Directs State Government to Clarify Position on Anti-Trafficking SOPs
The Telangana High Court has issued a significant directive to the state government, mandating the filing of an affidavit to clarify its stance on the formulation and implementation of Standard Operating Procedures (SOPs) for the effective enforcement of the Immoral Traffic (Prevention) Act. This order came during a hearing on Tuesday, where the court addressed a petition filed by the prominent non-governmental organization Prajwala, which is spearheaded by activist Sunitha Krishnan.
Court Seeks Clarity on SOP Adoption
A division bench comprising Justices P Sam Koshy and Narsing Rao Nandikonda specifically instructed the competent government authority to elucidate whether the state intends to develop its own SOPs or consider adopting the draft SOPs that were previously submitted by Prajwala. The court has adjourned the matter to February 24 for further proceedings, emphasizing the need for a clear governmental response.
Petition Highlights Critical Issues in Trafficking Cases
The petition by Prajwala underscores several pressing concerns in the implementation of the anti-trafficking law. It seeks mandatory SOPs to provide clear guidelines for various government authorities when handling applications for the custody of victims in protection homes. A key contention in the petition is the urgent need to ensure that individuals already identified as organizers or traffickers are not erroneously treated as victims in subsequent rescue operations.
Prajwala has argued that traffickers and organizers should not be sent to protective homes or admitted to institutions that are specifically meant for victims of trafficking. This distinction is crucial for the integrity of rescue and rehabilitation efforts.
Background and Previous Proceedings
During an earlier hearing in December 2025, Prajwala had presented a comprehensive draft set of SOPs to the government for examination. At that time, the court had asked the state to file an affidavit stating its willingness to introduce SOPs to ensure uniform and effective enforcement of the law. The draft SOPs, as detailed by the NGO, include specific 'tell-tale' indicators designed to assist authorities in distinguishing between victims and perpetrators during both rescue and post-rescue processes.
These indicators are intended to enhance the accuracy and efficiency of law enforcement actions, thereby strengthening the overall framework against human trafficking in Telangana.
Implications for Anti-Trafficking Efforts
The High Court's directive marks a pivotal step in addressing procedural gaps in the enforcement of the Immoral Traffic (Prevention) Act. By pushing for standardized operating procedures, the court aims to foster a more systematic and victim-centric approach to combating trafficking. The state government's forthcoming affidavit will be closely watched, as it will reveal Telangana's commitment to refining its anti-trafficking mechanisms and aligning with best practices advocated by civil society organizations like Prajwala.
This development highlights the ongoing collaboration between the judiciary and NGOs in tackling complex social issues, with the potential to set a precedent for other states in India to follow suit in enhancing their legal frameworks against human trafficking.
