‘Women can be tried for penetrative sexual assault on children’

• Delhi High Court has recently said, criminal proceedings can be initiated against a woman for committing the offence of “penetrative sexual assault” on a child

Highlights:

• The court made the observation while hearing a plea by an accused in a case lodged under the Protection of Children from Sexual Offences (POCSO) Act.
• The accused had argued that since she was a woman, the offences of “penetrative sexual assault’” and “aggravated penetrative sexual assault” can’t be made out against her.
• The public prosecutor had contended that the POCSO Act is a gender-neutral legislation and holds perpetrators, regardless of their gender, accountable for sexual offences against minors.
• The Bench said the POCSO Act was enacted to protect children from sexual offences regardless of whether an offence is committed upon a child by a man or a woman.
• There is no reason why the word person appearing in Section 3 of the POCSO Act should be read as referring only to a male.
• The court held that the word “he” appearing in the POCSO Act cannot be given a restrictive meaning, to say that it refers only to a “male”.
• It must be given its intended meaning, namely that it includes within its ambit any offender irrespective of their gender.

Prelims Takeaway

• POCSO Act