Source: TH
Context:
The Supreme Court recently issued notice in a case where a woman is accused of penetrative sexual assault under Section 3 of the POCSO Act, 2012. The accused argues that the law is gender-specific and applies only to male offenders. This raises an important question: Is POCSO gender-neutral for both perpetrators and victims?
Legal and legislative evidence strongly suggests YES.
Key Features of the POCSO Act:
| Feature | Details |
|---|---|
| 1. Child-Centric & Gender-Neutral Law | • Applicable to all children aged 0–18 years • Protects boys and girls equally. |
| 2. Clear Definition of Sexual Offences | • Penetrative sexual assault • Aggravated penetrative sexual assault (by police, teachers, relatives, public servants, repeat offenders, etc.) • Sexual assault • Sexual harassment • Using a child for pornography |
| 3. Mandatory Reporting | • Any person aware of an offence must report it. • Failure to report can lead to criminal liability. |
| 4. Special Courts | • Each district must establish Special POCSO Courts. • Ensures child-friendly, speedy trial proceedings. |
| 5. Child-Friendly Procedures | • Child’s statement can be recorded at home/comfortable place. • Child should not face the accused. • Child’s identity must remain confidential. • Medical examination preferably by a woman doctor. |
| 6. Strict Punishments | • Includes rigorous imprisonment + fines. • Death penalty allowed for aggravated penetrative sexual assault (enhanced after 2019 & 2020 reforms). |
| 7. Protection from Child Pornography | • Criminalizes creating, storing, distributing, transmitting child porn. • Stricter rules under the 2019 Amendment. |
Why the POCSO Act Is Gender-Neutral
The Text of the Law Supports Gender Neutrality
- Section 3 defines penetrative sexual assault in a broad, gender-neutral manner.
- It includes:
- Digital penetration
- Penetration with objects
- Oral acts
- Acts where the child is made to perform penetrative acts on another person
- These can be committed by persons of any gender, including women.
- Section 13(1) of the General Clauses Act, 1897 states:
Words importing the masculine gender include females, unless context requires otherwise. - Therefore, the use of “he” in Section 3 automatically includes “she”.
