Telangana High Court directs state to clarify stance on anti-trafficking SOPs under Immoral Traffic Act

Prajwala also urged appropriate directions or guidelines for all magistrates to avoid issuing mechanical orders of remand or admission to protective homes, by distinguishing between victims or those who need protection and organisers or those who should face judicial custody or corrective institutions for the crime.

The petition also sought 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.

On Tuesday, the court noted that Prajwala’s counsel, Advocate Deepak Misra, had already submitted a set of draft SOPs to it, which were handed over to the government’s legal team for review on December 17.

The draft SOP, the counsel contended, identified various “tell-tale” signs by which victims can be distinguished from perpetrators. Senior Counsel L Ravichander, representing the petitioner NGO, argued that it is necessary to distinguish victims from perpetrators, or else victims’ rehabilitation efforts will fail due to exposure to and influence by perpetrators.

The court then ordered the government pleaders to obtain formal instructions and file an affidavit from a competent government officer “accepting the draft SOPs forwarded by the petitioner or come up with a proposal by the Government itself in this regard.”

The case was adjourned for further hearing on February 24.