Case at a glance: Monitoring compliance with its May 2026 judgment on trafficking for commercial sexual exploitation, the Supreme Court said that the Magistrate's threshold inquiry under Section 17 of the Immoral Traffic (Prevention) Act, 1956 must be held “under all circumstances”, even when a rescued adult says her work is voluntary. It requested the National Judicial Academy to prepare a protocol for that inquiry.
In May 2026 the Supreme Court delivered a judgment in the Prajwala case setting out a Victim Protection Plan for persons trafficked for commercial sexual exploitation, including consent as a primary consideration. In this compliance hearing, the petitioner filed a table covering 16 stakeholders, and the Union's status note showed incomplete compliance by States and UTs with four additional directions.
The Key Question Before the Court
How should Magistrates conduct the Section 17 ITPA inquiry for rescued adult women, and what must States do to comply with the May 2026 judgment?
Consent, Coercion and Re-Trafficking Risk
The Court said the threshold inquiry must be held in all cases, guarding against tutored or coerced statements. It should weigh consent and the woman's views on custody, whether the work is voluntary with the social worker's assessment, any coercion or undue influence, and the risk of danger or re-trafficking on release.
This is a reasoned order in a continuing matter, not a fresh judgment, and has no neutral citation.
What the Court Actually Held
- The Union to secure full compliance with the additional directions by the next date and gather stakeholder information.
- States/UTs to notify Anti-Human Trafficking Units as police stations at the earliest.
- The National Judicial Academy requested to prepare a protocol for the Section 17 inquiry, with the petitioner's assistance.
- Fresh Union status report; listed on 14 December 2026.
Why This Judgment Matters
- It strengthens safeguards for rescued women at the Magistrate stage.
- It pushes States to empower Anti-Human Trafficking Units.
- It brings judicial training into implementation.
What Should Advocates Take Away From the Judgment?
For Counsel for Rescued Women
- Ensure the Section 17 inquiry addresses consent, coercion and re-trafficking risk.
For State Authorities
- Notify AHTUs as police stations and comply with the Victim Protection Plan.
Key Takeaways
- Section 17 inquiry is mandatory in all cases.
- Consent and coercion must both be examined.
- AHTUs to be notified as police stations.
- NJA to frame a protocol.
Frequently Asked Questions
Yes. The Court said it must be held under all circumstances to guard against coerced statements.
The National Judicial Academy, with the petitioner's assistance.
No. It is a reasoned order monitoring compliance with the May 2026 judgment.
Conclusion
The order turns a landmark trafficking judgment into practical steps for Magistrates and police.
Practical takeaway: In ITPA matters, insist on a full Section 17 inquiry that weighs consent, coercion and safety.