Syllabus: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Context
- Supreme Court issued notice in a case involving a woman accused of penetrative sexual assault under Section 3 of the POCSO Act, 2012.
- Petitioner claims the provision is gender-specific and cannot apply to female perpetrators.
Why the POCSO Act is Gender-Neutral
- Statutory Interpretation Supports Gender Neutrality
- Section 3 defines penetrative sexual assault without restricting the perpetrator’s gender.
- Acts include digital, object-based, or oral penetration, which can be committed by women as well.
- Section 13(1), General Clauses Act, 1897, clarifies masculine pronouns include females unless context indicates otherwise, making “he” inclusive of “she”.
- Provision also covers acts where a person makes a child perform penetration with self or third persons, reinforcing neutrality.
- Legislative Intent Confirms Neutrality
- Ministry of Women and Child Development (Lok Sabha, Dec 20, 2024) explicitly stated POCSO “is a gender-neutral Act”.
- The 2019 POCSO Amendment Bill’s Statement of Objects and Reasons also affirmed gender neutrality.
- If Parliament intended gender-specificity, wording would mirror Section 63 of BNS, 2023 (rape), which explicitly restricts offenders to “a man”.
- Absence of such gendered language in POCSO reflects a deliberate legislative choice.
- Normative Rationale for Gender-Neutral Scope
- Child sexual abuse spans multiple behaviours beyond penile penetration, as noted in Sakshi vs Union of India (2004).
- Abuse occurs across gender combinations; women can also be perpetrators.
- Gender-specific interpretation would exclude certain victims and contradict the Act’s protective purpose.
- Core objective is protecting all children, irrespective of abuser’s gender identity.
Conclusion
- The text, legislative history, and normative purpose collectively confirm that POCSO is gender-neutral regarding both victims and perpetrators.
- A gender-neutral reading ensures comprehensive protection and aligns with the Act’s intent to safeguard all children from sexual abuse.