In a landmark judgment in New Delhi on Friday, the Supreme Court made it clear that the Indian Justice Code and the Trafficking in Immorality (Prevention) Act should deal with child trafficking for commercial sexual exploitation.Sections of POCSO) Act shall also apply A bench of Justices JB Pardiwala and R Mahadevan issued the historic order on a petition filed by NGO Prajwala to prevent human trafficking and protect the rights of victims of commercial sexual exploitation.
The bench cleared the abductionIf an adult also engages in such activity through fraud, threats, coercion or any other inducement, their consent is worthless. On the other hand, if the victim is a child, the child’s consent is considered completely irrelevant to whether any inducement or coercion was used. The Court also held that in the crime of human trafficking, the principal focus should be on the activity and intent of the offender, rather than lack of consent, which is the main element of the crime. Knowing that a person is engaged in prostitution or the sex industry does not mean that he or she is not a victim of trafficking, as he or she may be deceived about the working environment.
The Supreme Court noted that Article 23 of the Constitution provides for human traffickingBegging and all other forms of forced labor are prohibited and extremely widespread. This article prohibits human trafficking in any form and is applicable not only against the State, but equally against any person involved in such an act. “The Court has always taken a liberal approach to extend protection and benefits to all victims of exploitation,” the bench said.
According to Indian law, every act of sexual exploitation involving a child is illegal without consent. soIf the victim of commercial sexual exploitation is a child, the provisions of the Pokcho Act will apply along with Sections 143 and 144 of the Indian Penal Code and the Trafficking (Prevention) Act. With the implementation of the POCSO Act, the entire process of filing a case, recording the victim’s statement and conducting a medical examination became more sensitive and protective of the child’s interest. The court also observed that an investigating officer, while investigating such cases, must make a holistic assessment of all applicable legal provisions based on the age of the victim, the tactics used by the traffickers and the nature of the exploitation.
