Delhi High Court: Women Can Be Prosecuted Under POCSO Act.

 In a landmark ruling, the Delhi High Court has affirmed that the Protection of Children from Sexual Offences (POCSO) Act is gender-neutral. The court held that women can be prosecuted as offenders under the penetrative sexual assault provisions of the Act.

The case, Sundari Gautam vs. The State of NCT of Delhi, involved a woman challenging charges of aggravated penetrative sexual assault on a child. The petitioner argued that the POCSO Act, which uses the pronoun "he" in defining the offenses, was not applicable to her.

The court, however, rejected this argument. It emphasized that the POCSO Act's purpose is to protect children from sexual offenses, regardless of the perpetrator's gender. The court interpreted the pronoun "he" in the Act in a gender-neutral manner, in line with the Indian Penal Code's provision that "he" includes "she."

This ruling has significant implications. It reinforces the idea that any person, regardless of gender, can be held accountable for sexual offenses against children. It underscores the POCSO Act's focus on the victim's protection, rather than the perpetrator's identity.

The judgment also highlights the evolving understanding of gender and its role in the legal system. It moves away from traditional notions of gender roles and recognizes that anyone can commit sexual offenses.

This decision is a crucial step in ensuring justice for child victims of sexual abuse. It sends a clear message that the law will not discriminate based on the perpetrator's gender and will hold all offenders accountable for their actions.

Copy of the Judgment