'POCSO Act applies if victim of commercial sex trafficking is minor'

New Delhi . Asal Baat news.   The Supreme Court has held that cases involving the trafficing of children for commercial sexual exploitation ...

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New Delhi .

Asal Baat news.  

The Supreme Court has held that cases involving the trafficing of children for commercial sexual exploitation (CSE) can attract charges under the stringent pocso act,alongside the relevant  provisions of the Bhartiya nyaay Sanhita and the Immoral traffic (prevention) act.

A bench of justice JB pardiwala and Mahadevan on Friday issued a slew of direction to mitigate the concerns of sex workers while clarifying the legal framework for the prosecution of preparation and the rehabilitation of the victims.

It said the consent of an adult victim to the victim to the intented exploitaton is irrelevant if any of the listed "means" like the use of threat, fource, other forms of coercion, abduction,fraud,deception, abuse of power, abuse of position of vulnerability or the giving or receiving of payment or benefits to  consent of a person, are used.

' The consent of a child victim of trafficking is irrelevant,regardless of  whether or not'means'have been used...lake of Consent is not an element of the crime of trafficking in person.

" Thus the focus should be firmly on the action and intention of the preparation,and once the elements of the crime of  traffking,including the use of one of the identified means(coerction,deception, etc) are proven any defence or alligation that the victim consented should be deemd to be irrelevant "it said.

The bench said a person's  awareness that they are being employed in the sex industry or prostitution does not exclude them from being a victim of trafficing as they may have been deceived about the conditions of work, which later turned out to be exploitative.

 The top court said article 23 of the Constitution prohibits trafficking in human being, beggars and all other similar forms of forced labour,and its ambit is wide and unlimited.it strikes at human trafficking in whatever form it is found and enforceable not only against the state but against any private individuals engaged in such practices.

 The bench noted that while dealing with article 23 or legislation enacted to give effect to it.the court has consistently adopted a liberal interpretation, presuming and extending protection and benefit to all those and condition of exploitation.