Revisiting Gender Neutrality in POCSO Act, 2012

Source: TH

Why in News?

The Supreme Court issued 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. 

• The case has renewed debate on the Act’s gender neutrality, especially whether it covers female perpetrators of child sexual abuse.

What is the Protection of Children from Sexual Offences (POCSO) Act, 2012?

• About: POCSO Act, 2012 was enacted by the Ministry of Women and Child Development to address the heinous crimes of sexual abuse and exploitation of children. 
  • It was amended in 2019 that increased punishments, including the death penalty for aggravated penetrative sexual assault of a child.
• Salient Features: 
• Gender Neutrality: The Act is gender-neutral and safeguards all children, irrespective of gender.
  • Definition of a Child:  It defines a child as any person below 18 years of age. 
  • Coverage of Abuse: The Act covers penetrative and non-penetrative assault, sexual harassment, and pornography. Offences are aggravated if committed by someone in trust or authority or against a mentally ill child, and child trafficking for sexual purposes is also punishable.
• Graded Punishments: Punishments range from 10 years to life imprisonment for penetrative sexual assault and 20 years to life for aggravated cases, with stricter terms if the child is under 16. 
  • Use, possession, attempt, and abetment of offences, including child pornography, are also punishable, with fines or imprisonment up to 7 years depending on severity and intent.
• Judicial Process: The Act requires Special Courts to try offences. It ensures that the evidence of the child is recorded within 30 days, and the trial is completed within 1 year, wherever possible.
• Scope and Overriding Effect: The POCSO Act has an overriding effect over other laws if there is inconsistency. It applies only to child survivors and adult offenders, while cases of child-on-child offences or child-on-adult offences are governed by the Juvenile Justice Act, 2000.

Does the POCSO Act, 2012 Uphold Gender Neutrality?

• Statutory Interpretation: Section 3 of POCSO act defines penetrative sexual assault using gender-neutral terms and does not explicitly limit the offence to male perpetrators.
  • The use of the pronoun ‘he’ in statutory language is governed by Section 13(1) of the General Clauses Act, 1897, which states masculine words include the feminine unless the context specifies otherwise.
• Scope of Offences: The definition includes oral, digital, and object-based penetration, which can be committed by individuals of any gender.
  • Section 3(d) also criminalises inducing a child to perform a sexual act on another person — expanding applicability.
• Legislative Intent: The Ministry of Women and Child Development, in a written response to a question in the Lok Sabha, stated unambiguously that POCSO ‘is a gender neutral Act’.
  • The Statement of Objects and Reasons of the POCSO Amendment Bill, 2019 explicitly confirms that the POCSO Act is gender-neutral.

How can India Ensure Balanced Legal and Policy Frameworks for Child Protection?

• Strengthening the Legal Framework: Resolve definitional gaps in the POCSO Act, 2012 especially regarding gender neutrality, to ensure uniform and fair application of the law.
  • Additionally, harmonize POCSO, JJ Act, and BNS while introducing nuanced sentencing guidelines that balance stringency with reformative justice.
• Robust Institutional Capacity: Mandate specialized training for all stakeholders and strengthen infrastructure, including Special Courts and Forensic Science Laboratory (FSL) capacity, to ensure faster and child-sensitive case handling.
• Proactive and Preventive Policies: Mandate strict child protection policies, including annual Personal Safety Education (PSE) for students. Use technology to enhance monitoring through a national child-protection database, data analytics, and safe, anonymous reporting platforms for children.
• Address Digital Age Challenges: Strengthen responses to Online Child Sexual Abuse and Exploitation (OCSAE) through updated protocols, specialized cyber cells, and collaboration with tech companies to remove content and identify victims.

Conclusion

The POCSO Act, 2012 is gender-neutral, protecting all children from sexual abuse, harassment, and exploitation. Its provisions, intent, and judicial interpretation allow prosecution of offenders of any gender, ensuring justice and comprehensive child protection.

Drishti Mains Question

Q. Discuss the significance of the POCSO Act, 2012 in safeguarding children from sexual offences in India.

Frequently Asked Questions (FAQs)

1. What is the POCSO Act, 2012?

It is a gender-neutral law enacted to protect children under 18 from sexual abuse, harassment, and exploitation, with provisions for Special Courts and child-friendly trials.

2. Is the POCSO Act applicable to female offenders?

Yes, statutory interpretation and legislative intent confirm gender neutrality, allowing prosecution of both male and female perpetrators.

3. How does the Act ensure speedy and child-friendly trials?

Evidence recording within 30 days, trial completion within 1 year, in-camera proceedings, female officers for statements, and immediate rehabilitation via shelter homes or hospitals.

UPSC Civil Services Examination Previous Year Question (PYQ) 

Prelims

Q. Which of the following are envisaged by the Right against Exploitation in the Constitution of India?(2017) 

1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below: 

(a) 1, 2 and 4 only 

(b) 2, 3 and 4 only 

(c) 1 and 4 only 

(d) 1, 2, 3 and 4 

Ans: (c)

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Mains

Q. Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)

SC Calls for Stronger Tiger Conservation Measures

Source:TH

The Supreme Court of India has directed Uttarakhand to fully restore the Corbett Tiger Reserve after findings of illegal tree-felling and construction, and issued reforms for tiger conservation and management across all States.

• Uttarakhand must restore Corbett, submit a restoration plan within 2 months, demolish illegal structures within 3 months, and file a compliance report within 1 year.
• SC Directive to States:  
  • SC has ordered all States to notify the core and buffer areas of every tiger reserve within six months, and to declare Eco-Sensitive Zones (ESZs) around these reserves within one year.
  • To prepare a Tiger Conservation Plan within three months and directed to ban tiger safaris in core and critical tiger habitats.
  • To treat human–wildlife conflict as a potential natural disaster and ensure stronger compensation systems, including an ex-gratia payment of Rs 10 lakh to victims under the Centrally Sponsored Integrated Development of Wildlife Habitats scheme.

Corbett Tiger Reserve

• About: Corbett Tiger Reserve is Asia’s first national park established in 1936, renowned for its biodiversity including the world's highest density of tigers. 
  • It was established as Hailey National Park and later renamed in 1956 to honour Jim Corbett, the hunter-turned-conservationist who helped create it.
  • It became the first national park to be included under Project Tiger in 1973.
• Location:  Corbett lies in the Himalayan foothills of Uttarakhand. It has an undulating landscape with several valleys through which the Ramganga, Pallaen, and Sonanadi rivers flow. 
  • The reserve falls largely in the Bhabar and lower Shivalik region, known for its porous soil and deep water table.
• Flora & Fauna: Corbett’s vegetation includes moist and dry deciduous forests dominated by sal, mixed woodland, riparian vegetation, and shrub species. 
  • The reserve is known for its open grasslands, called chaurs, formed from old settlements and clearings. Important chaurs such as Dhikala and Bijrani support rich wildlife. 
  • Tigers and elephants are the flagship species, accompanied by leopards, smaller carnivores, sambar, hog deer, spotted deer, and a variety of birds and reptiles such as gharials and crocodiles.

Read more: Corbett Tiger Reserve: Uttarakhand

Women Soldiers to Join Territorial Army Battalions

Source: IE

Why in News? 

The Directorate General of Territorial Army has decided to induct women soldiers into Territorial Army (TA) Home & Hearth (H&H) Infantry battalions for the first time, marking a major step in expanding women’s roles in the defence forces.

What is the Territorial Army (TA)?

• About: The Territorial Army (TA) is a part-time voluntary military force that supports and augments the Regular Indian Army.
  • It is based on a Citizen Soldiers’ army (‘Sons of Soil’) concept and officers undergo Annual Training on basic military skills.
  • It functions under the Territorial Army Act, 1948 and allows trained civilian volunteers to serve in uniform while continuing their regular professions.
• Background: The roots of the TA trace back to the Volunteer Forces of 1857 formed after the First War of Independence in 1857.
  
  • The Indian Defence Force Act of 1917 made universities raise defence units, with Netaji Subhas Chandra Bose and Jawaharlal Nehru joining the Calcutta University Corps in 1918. 
    • The Force had two parts, the European Auxiliary Force and the Indian Branch, which later became the Indian Territorial Force.
  • After Independence, the Territorial Army Act, 1948 was passed, The TA was formally inaugurated on 9th October 1949 by first Indian Governor General Shri C Rajagopalachari ( now celebrated as Raising Day of Territorial Army).
• Evolution: The TA began with many unit types, but most were later merged or disbanded. 
  • It now includes Infantry Battalions, Home & Hearth units in J&K and the North-East, Ecological Battalions, Engineer units for Line of Control fencing, departmental units like Railway, and the Composite Eco Task Force for the National Mission for Clean Ganga.
• Significance: Relieves the Regular Army from static duties so that full-time soldiers can focus on core combat tasks.
  • Assists in counter-insurgency and counter-terrorism operations, especially through TA Home & Hearth battalions in J&K and the North-East.
  • Provides support during natural disasters, industrial unrest, and restoration of essential services.
  • Plays a major role in environmental protection, afforestation, and reversing land degradation through TA Eco Battalions.
  • Acts as a reserve force capable of being mobilised during national emergencies, war, and large-scale internal disturbances.
  • Enhances civil–military coordination, as members are civilians who bring diverse skills to national service.

What is the Significance of Inducting Women into Territorial Army H&H battalions?

• The Territorial Army began commissioning women officers in 2019, allowing them to serve in Ecological Task Force units, oil sector TA units and the Railway Engineer Regiment. 
• With the positive experience gained, the Army has now decided to expand their roles further and is preparing to induct women soldiers into Home & Hearth battalions, opening the door to wider operational responsibilities.
• It expands operational opportunities for women, enhances human resources for internal security and disaster response, and advances gender inclusion in India’s defence forces.

Women in Defence Forces

• Early Military Roles: Women first joined through the Military Nursing Service (1888) and later as doctors in the Indian Army Medical Corps (1958) with regular commissions.
• Non-Medical Entry: In 1992, the Women Special Entry Scheme (WSES) opened non-combat roles in branches like the Army Education Corps, Signals, Intelligence, and Engineers for Short Service Commission (SSC).
  • Army Act, 1950 restricted women’s roles, allowing them only in notified branches such as Army Postal Service, Judge Advocate General’s (JAG) department, Army Education Corps (AEC), Ordnance Corps, and Service Corps, and Service Corps.
• Short Service Commission (SSC): In 2005, the SSC system was introduced, offering a 14-year tenure to women officers and marking a more formalized career structure. 
• Permanent Commission Milestone: Women were first granted Permanent Commission in 2008 in limited branches like JAG and AEC.
  • The Supreme Court of India in 2020 Babita Puniya judgment, mandated Permanent Commission in all arms where SSC exists, enabling women to hold command roles.
    
• Women in Combat Roles: IAF inducted women fighter pilots in 2016, making combat roles a permanent scheme in 2022.
• Agnipath Scheme (2022): Women included as Agniveers across the Army, Navy, and Air Force, expanding soldier-level opportunities.
• Current Representation: Women constitute about 4% of the Army. Since 2022, the Navy has opened all branches, including submarines and aviation, to women officers, with several already serving onboard ships and in combat aviation roles.
• Key Achievements: Col. Sofiya Qureshi and Wg Cdr. Vyomika Singh led roles in Operation Sindoor.
  • Lt. Cdr. Dilna K and Lt. Cdr. Roopa A completed Navika Sagar Parikrama II, a 25,600-nautical-mile global expedition.

Conclusion

The induction of women soldiers into the Territorial Army's Home & Hearth battalions marks a significant step towards gender inclusion in India's defense forces. This move reflects the ongoing evolution of women’s roles in India's armed forces, paving the way for greater equality and empowerment.

Read more: Women in Indian Armed Forces

Drishti Mains Question:

Q. Breaking gender barriers in the armed forces is not only a question of equality, but also operational necessity. Discuss.

Frequently Asked Questions (FAQs)

1. What is the Territorial Army (TA)?

The TA is a part-time voluntary military force under the Territorial Army Act, 1948, that supports and augments the Regular Indian Army while allowing civilians to serve part-time.

2. When is Territorial Army Raising Day celebrated?

Territorial Army Raising Day is observed every year on 9th October, marking its formal inauguration in 1949 by C. Rajagopalachari.

3. Why is induction of women in TA significant?

It expands operational opportunities for women, enhances human resources for internal security and disaster response, and advances gender inclusion in India’s defence forces.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q. In the context of the Indian defence, what is ‘Dhruv’? (2008)

(a) Aircraft-carrying warship   

(b) Missile-carrying submarine   

(c) Advanced light helicopter   

(d) Intercontinental ballistic missile   

Ans: (c)

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Mains 

Q. What are the continued challenges for Women in India against time and space? (2019)

UNSC Approves Trump's Plan for Gaza

Source: TH

The UN Security Council (UNSC) adopted Resolution 2803, endorsing the Trump Gaza Peace Plan and authorizing the establishment of an International Stabilization Force (ISF) in Gaza.

• The resolution passed with 13 votes in favor and none against, although China and Russia abstained.
• Trump Gaza Plan: The Plan, announced in September 2025, aims to transform Gaza from a conflict zone to a peaceful region. It outlines a phased approach:
  • Phase 1: Ceasefire, hostages' release, and partial Israeli troop withdrawal.
  • Subsequent Phases: Demilitarization, transitional governance, and reconstruction, with the goal of creating a "deradicalized, terror-free zone."
• BoP & International Stabilization Force (ISF): A Board of Peace (BoP), chaired by President Trump, will oversee Gaza’s transition, reconstruction, and governance reforms until December 2027, after which control will transfer to a reformed Palestinian Authority.
  • The BoP is authorized to establish the International Stabilization Force (ISF), responsible for securing Gaza’s borders, supporting demilitarization, protecting civilians, and facilitating humanitarian aid. 

Read More: USA's Comprehensive Plan to End Gaza Conflict