Delhi High Court ruling that women also can be prosecuted under the POSCO act for committing penetrative sexual assault on the child. In this process, the court rejected the argument that the POSCO Act only applies to the male offender. Court justification for the act is to protect children from sexual offences, regardless of the gender of the perpetrator.
The court also ruled that women can also be charged with aggravated penetrative sexual assault. In this regard, Justice Anup Jairam Bhambhani said that the POSCO Act is mainly designed to protect children from any sexual offences, regardless of gender, whether they are men or women. He also argued that the word “person” in section 3 of penetrative sexual assault should not be limited to males.
Background of the case
The crux of the matter lies in the interpretation of the POSCO ACT’s gender neutrality. The petitioner claims that the specific language in Section 3 restricts the scope of the offence to men. The petitioner argued that the FIR was filled significantly after the alleged incidents, indicating the undue delay. The petitioner referenced the charge sheet’s observation that no sexual assault intent could be attributed to her, citing her son’s statement and the doctor’s opinion.
The petitioner opposed that Section 3 of the POSCO Act defining penetrative sexual assault, uses the masculine pronoun “he” implying that the men can be held liable for the offence and it’s aggravated under Section 5. The court asserted that the POSCO Act is gender-neutral, targeting perpetrators regardless of gender. As a counterargument, they pointed out the use of the word “person” in Section 3, arguing for a broad interpretation that includes women offenders.
Elaboration of the Court’s Decision
The Court acknowledged that there was a substantial delay between the Juvenile Justice Board’s (JJB) order to register the FIR and the actual registration of the FIR. This process delay spanned over three years. The court clarified that the delay in FIR registration alone does not warrant the discharge of an accused. Through the analysis of the gravity of the allegation and through understanding the nature of the case, the court deemed the charges based solely on the delay.
The court emphasised severe punishments prescribed for the charges of penetrative sexual assault under Section 6 of the POSCO Act, noting that a minimum sentence of 20 years of imprisonment is mandated. The court also added that understanding the seriousness of the offence and the potential consequence, the Court concluded that the delay in FIR registration was not sufficient grounds to dismiss the charges against the petitioner.
What Is the POSCO Act
The Protection of Children from Sexual Offences Act (POSCO) was passed in the time of 2012 to deal with the issue of sexual offence towards children. POSCO Act not only spells out the punishments for the offences but also sets out the system to support the victims and to improve the methods of catching the culprits. POSCO means a child that is 18 years old.
The child could be referred to as male or female. As for the person who commits the crime- it does not matter whether the person is male or female. Both genders are equally punishable for the crimes. The POSCO Act extended the definition of sexual assault to encompass both non-penetrative and aggravated penetrative forms. The Act introduced penalties for individuals in positions of authority, such as public servants, teachers and police officers, who commit sexual offences against children.
It explicitly acknowledges sexual harassment against children, including physical touch or non-physical acts like stalking, exposure and making a child expose themselves. POSCO Act imposes severe punishments for creating, disturbing or possessing child sexual abuse materials. New changes in the POSCO Act expanded the scope and created stricter penalties that significantly strengthened child protection measures in India. By recognising the wider range of sexual offences and targeting the perpetrators, the law has made it easier for the victims to report the crimes.
FAQ
What is the POSCO Act?
The Protection of Children from Sexual Offences Act (POSCO) was passed in the time of 2012 to deal with the issue of sexual offence towards children. The punishments of various offences provide a framework to support victims and improve the process of catching offenders.
Who is considered a child under the POSCO Act?
Under the POSCO Act, a child belongs to the age of 18 years, regardless of their gender.
Does the Act apply equally to both male and female offenders?
Yes, the POSCO Act applies equally to offenders of any gender. Both male and female offenders are subject to the same punishments for committing sexual offences against children.
What types of sexual offences are covered under the POSCO Act?
The POSCO Act extended the definition of sexual assault to encompass both non-penetrative and aggravated penetrative forms. The Act introduced penalties for individuals in positions of authority, such as public servants, teachers and police officers, who commit sexual offences against children.
How have recent changes to the POSCO Act strengthened child protection in India?
Recent amendments to the POSCO Act have expanded its scope and stricter penalties that have significantly strengthened child protection measures in India. By recognising the wider range of sexual offences and targeting the perpetrators, the law has made it easier for the victims to report the crimes.
What are the justifications given by the Delhi High Court for including women under the POSCO Act?
The Delhi High Court stated that the POSCO Act aims to protect children from sexual offences regardless of the perpetrator’s gender. The court emphasized that the word person” in section 3 related to penetrative sexual assault should not be limited to males.
What does Justice Anup Jairam Bhambhani say about the interpretation of the word “person” in the POSCO Act?
Justice Anup Jairam Bhambhani said that the POSCO Act is mainly designed to protect children from any sexual offences, regardless of gender, whether they are men or women.
