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Supreme Court Rules Consensual Adult Sex Work Not a Crime

The court said its order shifts enforcement toward identifying trafficking and protects adults from forced rescue and compulsory rehabilitation.

Overview

  • The Supreme Court, which ruled on Monday, June 1, 2026, held that adults who choose sex work cannot be criminalised under the Immoral Traffic (Prevention) Act and ordered police to stop detaining or harassing consenting sex workers.
  • The bench made consent the primary test for rehabilitation and placement and said no adult may be forced into a shelter or rehabilitation programme against their will.
  • Magistrates must conduct immediate threshold inquiries after raids to decide if a person is working voluntarily, if their statement is free from coercion, and whether they want placement in a protective home.
  • The court issued a binding nationwide Victim Protection Plan that sets standards for rescue operations, victim identification, rehabilitation support, prosecution coordination and a national database, and it refused to create a new central investigative agency.
  • The judgment clarifies the law while preserving punishments for brothel management, integrates child‑protection and anti‑trafficking units, and will be relisted in three months for the Union and states to show compliance, a step that will determine how the ruling changes day‑to‑day policing and shelter practices.