POCSO Act is Gender Neutral Says Karnataka HC

POCSO Act is Gender Neutral Says Karnataka HC

In this case, the Karnataka High Court held that the Protection of Children from Sexual Offences (POCSO) Act, 2012 was not gender-based and a woman may also be charged under the statute. The subject of consideration of the case was the sexual assault of a 52-year-old woman to a 13-year-old boy in 2020. The defendant claimed that females can not be prosecuted under penetrative assault but the court dismissed this idea as an outdated one. The court elaborated that Sections 4 and 6 can be used against anyone who forces a child into a sexually active behavior. This decision adds strength to the inclusivity of POCSO, and prioritization of the protection of children regardless of their gender.

Context

• Legal ambiguity: A female perpetrator was more likely to be considered a male perpetrator in the laws on sexual assault in India.
• The Design of POCSO: A child is a person in the age between 0 and 18 years but the offender gender is not limited.
• Evolution of Judicial Evolution: The HC ruling disrupts stereotypes and will allow increased responsibility of all offenders.

Key Points

The Case

• Accused: a 52-year-old female.
• Target: A 13 year old boy.
• Charm: Forced the child into intercourse (2020).
• Defense Plea: A woman is incapable of committing the penetrative attack.
• HC Verdict: Plea not accepted; hearing to persist.

Court’s Observations

• In Class 4 & 6 of POCSO, any person who forces a child into sexual engagement is liable.
• That women are mere “passive partners” in intercourse is outdated and Ron.
• POCSO is child-centred, not gender specific-based.

On POCSO Act (2012)

• The first special law on child protection against sexual abuse.
• Gender-neutral: this can be applied to both boys and girls as well as all members of the society who commit a crime.
• Fast Courts were put up with regards to quick trials.
• 2019 Amendment: more severe penalties to aggravated offences.

Key Provisions:

• Offences not time-barred.
• The law is mandatory reporting (and failure is punishable).
• The identity of the victim should be concealed.

Concerns & Challenges

• Increasing child sexual abuse, even through internet exploitation after COVID.
• Adolescent consensual sex: POCSO criminalises adolescent consensual sex, which the CJI D.Y. Chandrachud has been singled out as an area to review in legislation.
• Lack of Awareness among Parents and children, Institutions and Schools.

Conclusion

The decision made by Karnataka HC establishes the fact that POCSO is genuinely gender-neutral and holds the perpetrator to account no matter what sex the perpetrator belongs to. It increases the power of the child-protection infrastructure by abandoning antique gender stereotypes. Nevertheless, the policies should be revised to deal with such phenomenon as consenting adolescent relationships without violating the guarding spirit of the law.