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Minors to spell major trouble for brothel-keepers

Govt mulls over applying stringent Pocso Act to save girls from flesh trade.

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If a girl aged below 18 is rescued from a brothel, the brothel-keeper could be booked under the stringent, a new Act meant to protect children from sex crimes, said a senior police official. If that happens, it will be a first for the state as the government is contemplating this move.

Offenders will be booked under the Protection of Children from Sexual Offences Act, (Pocso) instead of under the Prevention of Immoral Trafficking Act (Pita), as is being done presently.

This decision was taken during a review meeting between state minister of women and child welfare Varsha Gaikwad and senior government officers. This newspaper has a copy of the minutes of the meeting.

The difference between the two Acts is that Pocso is more child-friendly, and ensures harsher punishment for a child predator as compared to Pita. The core difference, say experts, is of perspective and viewpoint. Under Pocso, the rescued victim is treated as a child who has been victimised. Pita, on the other hand, views through the prism of a victim, without considering whether the victim is an adult or a child. The law is harsher on a person who victimises a child as compared to an adult.

YP Singh, a former Indian Police Service (IPS) officer who now practises law, said Pocso entails certain procedures which are beneficial and protective of the child.

“Like, an accused cannot be presented in front of a victim. It mandates the police to record a victim’s statement in a friendly manner and it is not necessary for the victim to come to a police station to record her statement,” said Singh, adding that Pocso is a better option than Pita.

According to the police, the review meeting was held as per the directions of the Bombay High Court regarding the security of women lodged at the state-run women’s home, Navjeevan Women Shelter, in Deonar. A few women, lodged at this home after being rescued from brothels had fled the home by scaling its compound wall.

The review meeting also focused on other women-related issues, said a police officer on the condition of anonymity.

“If a rescued person is uneducated, her rescue should be made a priority. Also, the police need to confirm if a literate adult forced into prostitution wants to come out of the flesh trade. The police also need to get other details, before letting the person go, whether she had been tricked into the flesh trade,” the officer said.

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