SC: Adult Sex Workers Can't Be Rescued or Detained Against Their Will

SC: Adult Sex Workers Can't Be Rescued or Detained Against Their Will

In Prajwala v. Union of India, the Supreme Court held that the right to rehabilitation is an integral part of the rights to dignity and protection against exploitation under Articles 21 and 23 of the Constitution. Recognizing significant gaps in existing anti-trafficking laws, the Court issued a comprehensive “Victim Protection Plan” for survivors of human trafficking and commercial sexual exploitation. A key aspect of the judgment is the recognition of the agency and autonomy of adult survivors. The Court ruled that voluntary adult sex workers cannot be forcibly “rescued” or detained in shelter homes against their will unless there is an immediate threat to their safety. It emphasized that adult survivors are not passive objects of rescue but individuals with the right to make decisions about their own lives. The Court further directed all States and Union Territories to implement victim-centric rehabilitation measures, maintain confidentiality, and conduct threshold inquiries to distinguish between trafficked victims and adults voluntarily engaged in sex work, ensuring that consensual adult sex workers are not harassed or criminalized.