Revisiting Gender Neutrality in POCSO Act, 2012 | 19 Nov 2025

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.