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Supreme Court Confirms POCSO Applicability for Minor Victims of Sex Trafficking

The Supreme Court has ruled that the POCSO Act applies to minor victims of commercial sex trafficking, regardless of their prior awareness of the trade. The bench clarified that deceptive recruitment into exploitative conditions does not negate a minor's legal status as a victim or reduce perpetrator liability.

This ruling addresses a defense strategy often used to suggest that a minor's 'knowledge' or 'consent' regarding the sex trade should mitigate criminal charges. The Supreme Court rejected this premise, stating that minors lack the legal capacity to consent to commercial sexual exploitation. The judgment ensures the POCSO Act's protective mandate remains the priority over technicalities regarding the victim's awareness during recruitment.

The court noted that victims are frequently deceived about working conditions, which eventually turn exploitative. By focusing on perpetrator accountability, the verdict reinforces the prosecution’s position in trafficking cases. It also mandates that rehabilitation services for these minors be integrated into the POCSO framework, ensuring they receive specialized legal and psychological support rather than being processed through standard administrative channels.

Glossary

POCSO Act: A 2012 statute protecting children from sexual assault, harassment, and pornography.

Commercial Sex Trafficking: The recruitment or transport of individuals for sexual exploitation through force, fraud, or coercion.

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