POCSO Is Gender-Neutral—But Are We Ready to See Women in the Dock?

In a significant ruling, the Karnataka High Court has reasserted a principle that should have been clear all along: the Protection of Children from Sexual Offences (POCSO) Act is applicable to all genders. In doing so, it has dismantled a harmful stereotype—that women cannot be offenders of sexual crimes.

The case involved a 52-year-old woman facing charges under the Act, who claimed that she could not be prosecuted because “a woman cannot rape a boy.” The High Court, led by Justice M Nagaprasanna, firmly dismissed this argument, reminding the country that sexual violence pertains to the abuse of power and the violation of consent, rather than being determined by gender.

Confronting Antiquated Beliefs

For far too long, society has predominantly seen women as victims in discussions surrounding sexual crimes. While it is true that women face a disproportionate amount of suffering, the belief that they are incapable of committing abuse is both erroneous and perilous. This perspective silences male victims, discouraging them from coming forward, and undermines the universality of child protection laws.

The High Court rightly referenced Section 8 of the Indian Penal Code, which clarifies that terms such as “he” in legal texts are inclusive of all genders. The Court also highlighted that the overarching aim and preamble of POCSO—to safeguard children—necessitate a gender-neutral application. All children deserve equal protection, irrespective of whether the perpetrator is male or female.

Equality in Law, Equality in Responsibility

The ruling also serves to reinforce Article 14 of the Constitution—equality under the law. If women seek equality in terms of opportunities, representation, and rights, they must also acknowledge equal accountability. Protecting women from examination under POCSO not only compromises justice but also diminishes them, portraying them as forever innocent.

Thus, this judgment is not against women; it is in favor of justice. It guarantees that the law punishes actions rather than gender.

A Caution Against Misuse

Nonetheless, as with any law, vigilance against misuse is essential. Gender-neutrality should not pave the way for false accusations. Investigations must be thorough, evidence-driven, and sensitive to both the complainant and the accused. However, to reject gender-neutral accountability entirely would be to deny justice to child victims of female-perpetrated abuse—a cruelty we cannot accept.

Moving Forward

The Karnataka High Court has accomplished more than resolving a legal matter; it has initiated a discussion that India has long evaded. By acknowledging women as potential offenders, it has encouraged society to break free from stereotypes and face uncomfortable truths.

Ultimately, the verdict serves as a reminder that justice must be impartial to gender while being attuned to issues of power and vulnerability. The protection of children cannot come with conditions. Abuse is abuse—regardless of whether it is inflicted by a man or a woman.

Also Read: UTSAH Opens Assam’s First Dedicated POCSO Centre for Child Victims of Sexual Abuse