POCSO Act, 2012: Is the Law Gender-Neutral?
Why in the news
The Supreme Court took up a case where a woman faces a Section 3 charge and says POCSO targets only men. The legal reading indicates the Act is gender-neutral for offenders and victims.
Key features
| Feature | Detail |
|---|---|
| Coverage | Children aged 0-18; boys and girls equally |
| Offences | Penetrative and aggravated penetrative sexual assault, sexual assault, sexual harassment, child pornography |
| Reporting | Mandatory for anyone aware; failure is punishable |
| Courts | Special POCSO Court in every district |
| Child-friendly steps | Statement at home or comfortable place, no confrontation with accused, confidential identity, preferably a woman doctor |
| Punishment | Rigorous imprisonment plus fines; death penalty for aggravated cases after 2019-2020 reforms |
| Pornography | Making, storing or sharing it is criminal; tightened in the 2019 Amendment |
Why it is gender-neutral
- Section 3 defines the offence broadly, covering digital and object penetration, oral acts and making a child act on another person.
- Any gender can commit these acts.
- General Clauses Act, 1897, Section 13(1): masculine words include females, so “he” covers “she”.
Exam angle
- Section 3: penetrative sexual assault.
- Interpretive aid: General Clauses Act, 1897.