In a significant ruling, the Karnataka High Court has held that the offence of penetrative sexual assault can also be alleged against a woman under the Protection of Children from Sexual Offences (POCSO) Act, 2012, as the law is gender-neutral.
The court on Monday refused to quash a criminal case against a 52-year-old woman accused of compelling a 13-year-old boy to engage in sexual activity with her at her residence in 2020.
The accused had argued that offences of aggravated sexual assault or rape could not be invoked against women, contending that only men can be charged as “active participants” in intercourse. Rejecting this submission, the High Court emphasized that Sections 4 and 6 of the POCSO Act clearly state that anyone who compels a minor to perform penetrative or other sexual acts is an offender, regardless of gender.
The bench further observed that the claim of women being merely “passive participants” in sexual intercourse reflects an archaic and outdated notion.
This order reinforces the principle that the POCSO Act treats all perpetrators equally and is designed to protect minors from sexual exploitation without gender bias.
