Gender Neutrality in the POCSO Act, 2012
Introduction
A recent Supreme Court notice questioning whether a woman can be prosecuted under the POCSO Act has reopened a deeply important debate — Is POCSO gender-neutral?
This case study explains why the Act is designed to protect all children and why gender neutrality is essential for child rights in India.
Context
A petition argued that Section 3 of POCSO uses the pronoun “he”, which some interpret as targeting only male perpetrators. The Supreme Court’s intervention has renewed focus on how laws are interpreted and how gender justice applies to child protection.
Why POCSO Is Considered Gender-Neutral
A. Textual Interpretation
According to the General Clauses Act, 1897, masculine words include females unless specified otherwise.
So, the use of “he” in POCSO automatically includes ‘she’.
Definition of “penetrative sexual assault” includes:
- Penile penetration
- Object/ digital penetration
- Oral penetration
These actions can be committed by any gender.
POCSO also includes acts where:
- A child is made to perform sexual acts with themselves or another person.
This clearly widens the scope beyond male offenders.
B. Legislative Intent
Parliament has clearly stated:
- Ministry of Women & Child Development (2024) confirmed POCSO is gender-neutral.
- POCSO Amendment Bill (2019) reiterates the same.
By comparison, BNS (earlier IPC 375) is explicitly gender-specific. If Parliament intended the same for POCSO, it would have used gendered language.
C. Ethical & Normative Grounds
Child sexual abuse is rooted in:
- Power imbalance
- Vulnerability
- Trust betrayal
Not just gender.
Reality check:
- Most offenders are male — but
- Female offenders do exist
- Male victims are often silent due to fear or shame
If the law excludes certain offenders, justice becomes incomplete.
3. Why This Debate Matters
A. Ensuring Justice for All
Without gender neutrality:
- Male child victims may be denied justice
- Crimes by women may go unpunished
B. Breaking Stereotypes
Assuming that only men commit sexual crimes:
- Hides real crimes
- Reinforces toxic masculinity
- Prevents young boys from reporting abuse
C. Strengthening Child Protection
Gender neutrality makes investigation, prosecution, and counselling more effective.
Conclusion
POCSO is designed to be gender-neutral, both in law and in spirit.
A gender-biased interpretation would defeat the Act’s purpose — to provide equal protection to every child. Upholding gender neutrality is essential for a fair, inclusive, and child-centred justice system.