The Supreme Court has clarified that cases involving the trafficking of children for commercial sexual exploitation can attract charges under the stringent POCSO Act, alongside other relevant provisions.
The court held that the consent of an adult victim is irrelevant if any of the listed 'means' are used, and the consent of a child victim is also irrelevant, regardless of whether or not 'means' have been used.
The bench noted that a person's awareness of being employed in the sex industry does not exclude them from being a victim of trafficking, and that Article 23 of the Constitution prohibits trafficking in human beings.
The court said that when the victim of trafficking for CSE is a child, the provisions of the POCSO Act may apply alongside other laws, and that the POCSO Act was designed to cover all forms of sexual abuse against children.
The bench passed the order in a case filed by NGO Prajwala seeking directions to curb human trafficking and the enforcement of the rights of victims of commercial sexual exploitation.
