Supreme Court Constitutes Committee to Develop Pan-India SOP on Human Trafficking

New Delhi: The Supreme Court on March 19 constituted a three-member committee to develop a Standard Operating Procedure (SOP) to be implemented across India for dealing with cases of human trafficking, including child trafficking.  The order was uploaded on the Supreme Court’s website on Saturday (March 28).

A bench of Justices Ahsanuddin Amanullah and R. Mahadevan directed the Union of India, all states and union territories to file detailed affidavits setting out what standard procedure they believe should be adopted in such matters. The court made clear that it was not interested in any "hypothetical or academic formula" but rather a "practical strategy" that could be put into place immediately at the local police station level.

The committee comprises P.M. Nair, former IPS officer and director general of the NDRF; Veerendra Kumar Mishra, IPS, director in the Ministry of Home Affairs (MHA); and additional solicitor general (ASG) S.D. Sanjay. The ASG will serve as the convenor of the committee and the coordinator for the exercise. The bench said it would consider nominating additional members on the next date of hearing.

The order came in a special leave petition filed by G. Ganesh against the State of Tamil Nadu, arising from a Madras high court order of March 5, 2025. Notices had been served on the Union of India, all states and all union territories alongside a copy of the court’s earlier order of January 16, 2026. However, the Union of India, and the states of Haryana, Mizoram, Kerala, Odisha and Maharashtra failed to enter appearance.

The bench took a stern view of this non-appearance. It directed the Directors General of Police of the defaulting states to file personally affirmed affidavits by April 16, 2026, explaining the circumstances of their failure to appear. If no such affidavit is filed, the DGPs must appear before the court in person. The bench warned that failure to comply could lead to the issuance of contempt notices against them.

As nobody had appeared on behalf of the Union of India, ASG Sanjay accepted notice on its behalf at the court’s request.

The bench stressed that in matters of human trafficking, time is of the greatest importance. It directed that whatever guidelines or suggestions are made must factor in the time frame within which police must act immediately upon receiving a complaint relating to a missing person. The court also said that until a missing person is finally located, the case must be kept alive "not just on paper, but actually on the ground also."

The court directed all states and Union territories to hold consultations with stakeholders dealing with human trafficking within their jurisdictions and forward their recommendations to ASG Sanjay within one month. The ASG would then get an exercise conducted under the aegis of the Union Home Ministry to deliberate and develop the pan-India SOP.

The  bench noted that a 2016 SOP of the Union of India already exists on action to be taken in such cases. It directed that this SOP be revisited as part of the current exercise.

The court also directed the home secretary of the Union of India and the home secretaries and DGPs of all states and Union territories to hold discussions with all relevant stakeholders. Other specialised agencies working in the field of human trafficking were also directed to be included in the exercise.

Senior advocate H.S. Phoolka, who had assisted the Delhi high court in a PIL on human trafficking and had filed an application for impleadment, was permitted to assist the court. The  bench appreciated his gesture and said it would take his assistance in the matter. Phoolka informed the court that certain guidelines had been issued by the Delhi government on time-bound police action in such cases, and the bench directed the Union and all other states and union territories to look into these instructions as well.

The MHA was directed to provide the committee with all logistical support, including office space, secretarial staff and expenses. Two nodal officers were to be assigned by the MHA Secretary to coordinate with ASG Sanjay. The bench also directed that adequate security be provided to all committee members, keeping in mind the nature of the persons who may be involved in human trafficking. All work done or time spent by the committee members is to be treated as official duty.

The matter has been listed for further hearing on April 21, 2026.

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