Quick Overview
The POCSO Act, 2012 is a gender-neutral law protecting children under 18 from sexual abuse, harassment, and exploitation. Recent Supreme Court cases have highlighted its applicability to female offenders. The Act’s provisions, intent, and judicial interpretation ensure justice for child victims while enabling prosecution of offenders regardless of gender.
Why in News?
The Supreme Court issued a notice in a case where a woman is accused of penetrative sexual assault on a minor boy under Section 3 of the POCSO Act, 2012. This has reignited debates on the Act’s gender neutrality and its coverage of female perpetrators of child sexual abuse.
About the Protection of Children from Sexual Offences (POCSO) Act, 2012
Enacted by: Ministry of Women and Child Development.
Amendments: 2019 amendment increased punishments, including the death penalty for aggravated penetrative sexual assault.
Salient Features:
Gender Neutrality: Protects all children regardless of gender.
Definition of Child: Person below 18 years.
Scope of Abuse: Covers penetrative/non-penetrative assault, sexual harassment, pornography, and aggravated offences involving authority or mentally ill children.
Punishments: 10 years to life imprisonment for penetrative assault; 20 years to life for aggravated cases. Offences related to child pornography can result in 7 years imprisonment.
Judicial Process: Special Courts, evidence recorded within 30 days, trial aimed for completion within 1 year.
Overriding Effect: Takes precedence over other laws; POCSO applies to child survivors and adult offenders.
Gender Neutrality in the POCSO Act
Statutory Interpretation: Section 3 defines penetrative sexual assault in gender-neutral terms; masculine pronouns include feminine ones under General Clauses Act, 1897.
Scope of Offences: Includes oral, digital, and object-based penetration; inducing a child to perform sexual acts is criminalized.
Legislative Intent: Ministry of Women and Child Development confirms POCSO is gender-neutral; 2019 amendment statement reiterates this.
Ensuring Balanced Child Protection Framework
Legal Framework: Resolve definitional gaps and harmonize POCSO with Juvenile Justice Act and other child protection laws.
Institutional Capacity: Specialized training, strengthened Special Courts, and forensic infrastructure.
Proactive Policies: Personal Safety Education, national child protection database, anonymous reporting platforms.
Digital Protection: Strengthen protocols against Online Child Sexual Abuse and Exploitation (OCSAE) in collaboration with tech companies.
Conclusion
The POCSO Act, 2012 is a robust gender-neutral framework safeguarding children from sexual offences. It ensures fair prosecution of offenders irrespective of gender and promotes comprehensive child protection.
CLAT/UPSC Relevance Summary
GS Paper 2: Issues related to women, child protection, and gender justice.
Policy Analysis: Understanding gender neutrality in laws, legislative intent, and judicial interpretation.
Exam Linkage: PYQs include Right against Exploitation, National Child Policy, and child protection frameworks.