Can a woman be prosecuted for sexual assault under POCSO?
Why in News?
The Karnataka High Court held that the Protection of Children from Sexual Offences (POCSO) Act, 2012 is gender-neutral, meaning a woman can also be an accused. The court refused to quash a criminal case against a 52-year-old woman accused of forcing a 13-year-old boy into sexual intercourse.
Concept Corner
POCSO Act, 2012
- Enacted to provide a strong legal framework for the protection of children below 18 years from sexual assault, harassment, and pornography.
- Recognizes both penetrative and non-penetrative assaults, making the scope comprehensive.
- Ensures child-friendly trial procedures like in-camera trials, no direct cross-examination, and speedy disposal.
- Mandates reporting of offences; failure to report is also punishable.
Gender Neutrality in POCSO
- The Act uses the term “any person,” meaning both men and women can be accused.
- Protects all children, irrespective of gender, from sexual crimes.
- Breaks away from traditional gender stereotypes that only males can be perpetrators.
- Ensures equality before law and expands the accountability net to cover all possible offenders.
Section 4 & Section 6 of POCSO
- Section 4: Punishment for penetrative sexual assault; imprisonment of not less than 10 years (may extend to life).
- Section 6: Aggravated penetrative sexual assault; when committed by relatives, teachers, police, or repeated offenders. Punishment is 20 years to life, with fine.
- Applies to “any person” compelling a child into such acts, without gender distinction.
- Establishes that both compulsion and exploitation of minors constitute serious offences.
Independence from IPC Rape Provisions
- IPC’s definition of rape (Section 375) is gender-specific: male offender, female victim.
- POCSO deliberately drafted as gender-neutral to reflect diverse realities of child abuse.
- Ensures consistency with international child protection norms like UNCRC.
- Provides broader coverage than IPC for ensuring child safety.
Core Highlights
The HC clarified that a woman can be prosecuted under POCSO, rejecting the argument that women are “passive participants.” The ruling emphasized that such a view is archaic. The decision strengthens the idea that sexual abuse is not confined to male offenders. This interpretation broadens accountability and protects children from offenders of any gender.
Recent Developments
Supreme Court in multiple judgments has stressed strict interpretation of child protection laws in favor of children. Law Commission has recommended reviewing IPC sexual offence provisions to make them gender-neutral, similar to POCSO. Globally, several nations have already adopted gender-neutral sexual offence laws.
Practice Questions
Prelims Question
With reference to the POCSO Act, 2012, consider the following statements:
- The Act is gender-neutral, i.e., both men and women can be accused under its provisions.
- The Act defines a child as any person below 16 years of age.
- Both penetrative and non-penetrative sexual assaults are covered under the Act.
Which of the above statements is/are correct?
A) 1 and 3 only
B) 2 only
C) 1 and 2 only
D) 1, 2 and 3
Mains Question
Discuss the significance of making child protection laws gender-neutral in India. How does the POCSO Act balance child safety with ensuring equality before law?
Answer Key with Explanation (Prelims)
| Q. No. | Answer | Explanation |
| 1 | A) 1 and 3 only | Statement 1 is correct because POCSO is gender-neutral. Statement 2 is incorrect because a child is defined as any person below 18 years, not 16. Statement 3 is correct because the Act covers both penetrative and non-penetrative sexual assaults. |
