The Delhi High Court recently clarified that the Protection of Children from Sexual Offences (POCSO) Act is not limited by gender, affirming that the term “he” used within the Act includes female offenders. This ruling emerged from the case Sundari Gautam v. State of NCT of Delhi, where the court emphasized that the primary aim of the POCSO Act is to protect minors from sexual offenses, regardless of the perpetrator’s gender.
Court’s Interpretation of “He”
In the context of the POCSO Act, Section 3 defines “penetrative sexual assault” with the pronoun “he,” which traditionally implies a male offender. However, the Delhi High Court clarified that this pronoun should not be interpreted narrowly to exclude women. The judgment stated that the legislative intent behind the POCSO Act is to provide protection to children, and this protection must be uniformly applied, regardless of the offender’s gender.
Significance of the Judgement:
This landmark ruling underscores the importance of gender neutrality in laws designed to protect vulnerable groups like children. By interpreting “he” to include female offenders, the Delhi High Court ensures that all individuals, irrespective of gender, can be held accountable under the POCSO Act. This decision is pivotal in reinforcing the broader interpretation of gender-neutral laws in India, ensuring that legal protection for minors is comprehensive and inclusive.
Conclusion:
The Delhi High Court’s ruling that the POCSO Act applies to both men and women is a critical step toward a more inclusive and equitable legal system. This judgment not only broadens the scope of accountability under the POCSO Act but also sends a strong message about the importance of interpreting protective laws in a gender-neutral manner. As the legal landscape evolves, this decision will likely serve as a precedent for ensuring that protective laws do not inadvertently discriminate based on gender, thereby safeguarding the rights of all children.
Read Full Judgement Below:
