DELHI HIGH COURT AFFIRMS WOMEN CAN FACE POCSO CHARGES

Why in the news?

The Delhi High Court ruled that women can be prosecuted under the POCSO Act, clarifying its gender-neutral stance in protecting minors from sexual offences.

DELHI HIGH COURT AFFIRMS WOMEN CAN FACE POCSO CHARGES - UPSCsource:slideshare

Legal Ruling on Gender-Neutrality of POCSO Act

  • The Delhi High Court has ruled that criminal proceedings can be initiated against a woman for committing the offence of “penetrative sexual assault” on a child.
  • This ruling clarifies that the Protection of Children from Sexual Offences (POCSO) Act is not limited to men but applies to individuals of any gender.

Case Background and Arguments

  • The court’s decision came while hearing a case where the accused, a woman, argued that the charges of “penetrative sexual assault” and “aggravated penetrative sexual assault” should not apply to her because she is female.
  • The public prosecutor argued that the POCSO Act is gender-neutral and holds all perpetrators, regardless of gender, accountable for sexual offences against minors.

Court’s Interpretation:

  • The court emphasised that the term “person” in Section 3 of the POCSO Act should not be interpreted as referring only to males, and the word “he” within the Act should be understood as inclusive of any gender.
  • Consequently, the court ruled that the petitioner, in this case, could be put on trial for the charged offences.
About the Protection of Children from Sexual Offences (POCSO) Act (2012):

  • Purpose: The POCSO Act, enacted in 2012, is designed to protect children from sexual abuse and exploitation, ensuring their safety and well-being.
  • International Alignment: The Act aligns with the Convention on the Rights of the Child, adopted by the UN General Assembly, which India acceded to on December 11, 1992.
  • Key Provisions: It addresses offences such as sexual assault, sexual harassment, and child pornography, and mandates the establishment of Special Courts for the trial of these offences.

Preamble:

Objective: The POCSO Act aims to protect children from sexual offences and establish Special Courts for the trial of such offences, with provisions for connected and incidental matters.

Major Dates:

  • Enactment Date: June 19, 2012.
  • Enforcement Date: November 14, 2012.

POCSO Amendment Act (2019):

  • Amendments: Introduced stringent penalties, including a clause defining child pornography and added provisions for penetrative sexual harassment of children under 16.
  • Enforcement Date: August 16, 2019.

Offences Covered Under POCSO Act:

Penetrative Sexual Assault:

  • Definition: Involves penetration by the penis, any object, or any part of the body into the vagina, mouth, urethra, or anus of a child.
  • Punishment: Imprisonment for not less than seven years, which may extend to life imprisonment, and a fine.

Aggravated Penetrative Sexual Assault:

  • Definition: Involves assault by someone in a position of trust or authority over the child, such as a family member, police officer, teacher, or doctor.
  • Punishment: Imprisonment for not less than ten years, which may extend to life imprisonment, and a fine.

Associated Article:

https://universalinstitutions.com/10-years-of-pocso-act/