POCSO Act, 2012

Context:

The Karnataka High Court upheld that the POCSO Act, 2012, is gender-neutral and refused to quash a criminal case against a woman accused of sexually assaulting a minor boy.

Protection of Children from Sexual Offences (POCSO) Act, 2012

About

Enforced on 14 November 2012 after India ratified UN Convention on the Rights of the Child (1992).
Defines child = person below 18 years.
Objective: To specifically address sexual exploitation and abuse of children.
Amendment 2019 ? Introduced stringent punishments (including death penalty) for aggravated sexual offences.
POCSO Rules, 2020 notified for victim-centric relief and support.

Key Features

Gender-Neutral Law – Applies to all children (boys & girls) and any perpetrator.
Comprehensive Offence Definitions – Includes penetrative assault, non-penetrative assault, sexual harassment, and child pornography.
Mandatory Reporting – Non-reporting is a punishable offence.
Punishments – Proportional to gravity; minimum sentences enhanced after 2019 amendment.
Child-Friendly Procedures – In-camera trial, no aggressive questioning, police to record statement in plain clothes.

POCSO Rules, 2020

Rule 9: Interim Compensation for child’s relief/rehabilitation (adjusted with final compensation).
Immediate Relief: CWC may recommend essentials (food, clothes, transport) through DLSA/DCPU/JJ Act funds (payment within 7 days).
Support Person: Appointed to assist the child during investigation & trial (ensuring physical, emotional, educational support).

Judicial Standpoint

The High Court clarified that the traditional notion of only men being “active participants” in sexual assault is archaic.
Sections 3, 4, and 6 define penetrative sexual assault and aggravated penetrative sexual assault, applicable to any person committing such acts against a child (below 18 years).
The judgment reinforces progressive interpretation, ensuring accountability of women also in cases of child sexual abuse.

Legal Implication

Under Section 4, punishment for penetrative sexual assault is imprisonment of not less than 10 years, extendable to life, and fine.
Section 6 prescribes stricter punishment for aggravated cases (20 years to life imprisonment).

Constitutional and Legal Significance

Ensures equality before law under Article 14 and protection of children’s rights under Article 21.
Strengthens India’s commitment to UN Convention on the Rights of the Child (UNCRC), ratified in 1992.