In a groundbreaking decision, the Delhi High Court has ruled that women can also be charged with penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. This ruling clarifies that the legal provisions of the Act are not restricted by gender when it comes to the commission of sexual offenses against children.
The case that prompted this ruling involved an interpretation of Section 3 of the POCSO Act, which defines penetrative sexual assault. Traditionally, the language of the section used the pronoun “he” to describe the perpetrator. However, the court found that this language should not be interpreted restrictively to imply that only males can be charged under this section.
The court emphasized that the pronoun “he” in legal texts should be understood in a broader context, not limiting the scope of the law based on gender. This decision acknowledges that women, like men, can commit sexual offenses and should be held accountable under the law.
The ruling marks a significant shift in the application of the POCSO Act, reinforcing the principle of gender neutrality in legal interpretations of sexual crimes. It ensures that justice can be pursued regardless of the gender of the accused, reflecting a modern understanding of sexual offenses.
The Delhi High Court’s decision is expected to have far-reaching implications for the legal system, impacting how cases of penetrative sexual assault are prosecuted and adjudicated. It aligns with contemporary views on gender equality and the need for comprehensive legal frameworks to address all forms of sexual violence.
Legal experts and child protection advocates have welcomed the ruling as a progressive step towards ensuring that all individuals who commit sexual offenses against children can be held accountable, regardless of their gender. This development underscores the judiciary’s commitment to upholding justice and protecting the rights of vulnerable children in a fair and equitable manner.