The Telangana High Court has clarified that victims of human trafficking may continue to be retained in government-run protection homes even after attaining the age of majority, if releasing them is not considered to be in their best interest. This ruling arose from a habeas corpus petition filed by Kamsani Anjali, challenging the continued detention of two 19-year-old women in a state-run protection facility. The petitioner contended that the detention of the women, who were previously rescued from a human trafficking racket, amounted to illegal confinement.
The Court examined the background of the case, noting that the women were rescued as minors in August 2018 and placed under the care of the Child Welfare Committee (CWC) pursuant to the Juvenile Justice (Care and Protection of Children) Act. The CWC had been responsible for their rehabilitation and welfare, including providing shelter, education, counseling, and legal assistance. The High Court emphasized that while reaching the age of majority generally permits individuals to make autonomous decisions regarding their residence, this principle is not absolute in cases where continued protection is necessary for their safety, mental health, or overall rehabilitation.
The Court highlighted that the primary objective of the Juvenile Justice framework is to safeguard the best interests of children and vulnerable individuals, and that protection measures must continue until the individuals concerned are capable of making fully informed and safe choices about their lives. In this context, the High Court noted that the CWC is empowered to assess each case individually, considering factors such as the victims’ ability to make informed decisions, the risk of re-trafficking, mental health considerations, and social or economic vulnerability.
The Court directed the authorities to undertake a comprehensive assessment before considering any release. This includes conducting risk assessments, providing mental health evaluations, and formulating exit plans that encompass housing, financial security, legal protection, and access to support services. The Court underscored that any decision to release a trafficking survivor should not only respect her autonomy but also ensure that she is not placed in a position where she could be re-exploited or face harm.
While dismissing the habeas corpus petition, the Court emphasized the balance between safeguarding personal liberty and protecting vulnerable individuals from harm. It reiterated that the state has a continuing duty to protect victims of trafficking and to provide them with an environment conducive to rehabilitation and reintegration into society. The judgment reinforces the principle that attaining majority does not automatically confer the right to leave protective custody if such a move could endanger the welfare of the individual.
This ruling underscores the judiciary’s proactive role in ensuring that victims of trafficking are not left vulnerable even after reaching adulthood. By allowing continued protection under structured state supervision, the High Court highlighted the importance of rehabilitative care, risk mitigation, and comprehensive support mechanisms for survivors. The decision reaffirms the responsibility of state agencies to prioritize the safety, health, and overall well-being of trafficking victims while balancing respect for their emerging autonomy, thereby setting a precedent for similar cases involving post-majority care and rehabilitation.
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