Context:
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The Supreme Court is examining a petition challenging whether a woman can be prosecuted under Section 3 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
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The case has reopened debate on the gender neutrality of child protection laws and the legislative intent behind POCSO.
Key Highlights:
Legal Issue / Case Facts
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The petition questions whether Section 3 (penetrative sexual assault) applies only to male perpetrators.
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The petitioner contends that the wording of Section 3 is gender-specific.
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The Union government, through the Ministry of Women and Child Development, has asserted that the POCSO Act is gender-neutral by design.
Legislative Intent and Statutory Interpretation
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The POCSO Act, 2012 was enacted to protect children of all genders from sexual offences.
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Its provisions focus on the act committed against the child, not the gender of the offender.
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Section 3 includes:
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Penetration by any object or body part
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Acts that can be committed by persons of any gender
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Role of the General Clauses Act, 1897
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Section 13(1) states that:
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Words in the masculine gender shall include females, unless a contrary intention appears.
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This supports a gender-neutral reading of POCSO provisions.
Comparison with Other Criminal Laws
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The Bharatiya Nyaya Sanhita (BNS), 2023, under Section 63, defines rape as a gender-specific offence, applicable only to male perpetrators.
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This deliberate contrast indicates that:
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When the legislature intends gender specificity, it states so explicitly.
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POCSO’s broader wording reflects intentional neutrality.
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Judicial Precedents
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In Sakshi vs Union of India (2004), the Supreme Court:
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Emphasised the need for child protection laws to cover a wide spectrum of sexual abuse, beyond narrow definitions.
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A restrictive interpretation of POCSO would:
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Ignore the reality that women can commit sexual offences against children
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Deny justice to certain categories of victims.
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Significance / Concerns
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A gender-neutral interpretation:
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Strengthens child-centric justice
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Ensures equal protection under law
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A gender-specific reading risks:
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Creating legal loopholes
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Undermining the core objective of child protection
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UPSC Relevance (GS-wise):
GS 2 – Polity
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Statutory interpretation
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Role of judiciary in protecting fundamental rights
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Comparison of criminal laws (POCSO vs BNS)
GS 2 – Social Justice
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Child rights and protection frameworks
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Gender neutrality in criminal justice
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Access to justice for vulnerable groups
Prelims Focus:
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POCSO Act, 2012
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Section 3 – penetrative sexual assault
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General Clauses Act, 1897
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Difference between POCSO and rape provisions
Mains Orientation:
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“Gender-neutral laws are essential for effective child protection.” Discuss with reference to the POCSO Act.
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Examine the role of statutory interpretation in advancing social justice.