DMSC welcomes SC verdict distinguishing trafficking from consensual sex work

By A Representative 

The Durbar Mahila Samanwaya Committee (DMSC), one of India's largest sex workers' collectives, has welcomed the Supreme Court's May 29, 2026 judgment in Prajwala vs Union of India, describing it as a significant step toward a rights-based and constitutionally grounded approach to addressing trafficking and sex work.

In a statement, DMSC said the ruling reinforces principles of dignity, autonomy, and self-determination for adult sex workers while ensuring protection for victims of trafficking. The organization, which emerged from the internationally acclaimed Sonagachi Project in Kolkata, has spent more than three decades advocating for the rights and welfare of sex workers.

According to DMSC, the judgment builds on the Supreme Court's earlier directions in the 2022 Budhadev Karmaskar case, in which the organization was a party. The Court has once again emphasized that trafficking and consensual adult sex work are distinct issues and should not be conflated.

"DMSC has long argued that conflating trafficking with sex work obscures the realities of both trafficked persons and adult women who voluntarily engage in sex work," the statement said, adding that such confusion often leads to ineffective interventions and violations of rights.

The organization welcomed the Court's observation that rehabilitation of trafficking victims cannot be imposed through coercive rescue, detention, or institutionalization of consenting adults. It noted that the judgment requires authorities to conduct meaningful inquiries regarding age, consent, and individual circumstances before intervening, which DMSC described as an important safeguard against arbitrary actions.

DMSC also expressed support for the Victim Protection Plan outlined in the judgment, saying several of its principles mirror the work of the organization's Self-Regulatory Boards. These community-based mechanisms have long focused on identifying minors and trafficked persons while ensuring that decisions affecting individuals are guided by consent and respect for personal agency.

While praising the verdict as "pathbreaking," the organization cautioned that judicial recognition alone would not be sufficient without effective implementation. It highlighted the continued discrimination faced by sex workers in their interactions with police, healthcare institutions, welfare agencies, educational establishments, and financial services.

The collective called for future reforms related to sex work, trafficking, rehabilitation, and social protection to be developed with the active participation of sex workers. Reaffirming the principle of "Nothing About Us Without Us," DMSC said meaningful inclusion of affected communities remains essential to ensuring justice and equality.

"We remain committed to working with governments, institutions, civil society organizations, and communities to advance responses that uphold rights, combat trafficking, and promote equality, dignity, and justice for all," the statement said.

DMSC concluded that while the struggle for full recognition and equality is ongoing, the Supreme Court's judgment provides an important opportunity to move forward with greater confidence and clarity.