The Karnataka High Court has declared that the Protection of Children from Sexual Offences (POCSO) Act, 2012, is gender-neutral, affirming that women can also be accused and prosecuted for offenses under the Act. This landmark ruling came as the court dismissed a petition filed by a 52-year-old woman seeking to quash a sexual assault case against her. The woman is accused of sexually assaulting a 13-year-old boy in 2020.

Justice M. Nagaprasanna, in his order, emphasized that the POCSO Act is a "progressive enactment" intended to safeguard the sanctity of childhood and is rooted in gender neutrality, with its primary objective being the protection of all children, irrespective of their sex. The court clarified that while certain provisions of the Act may use gendered language, the preamble and purpose of the law make it inclusive and applicable to both male and female offenders. Sections 3 and 5, which define sexual assault and aggravated assault, form the basis for offenses punishable under Sections 4 and 6, and these provisions apply equally to both male and female offenders.

The case against the 52-year-old woman involves allegations that she, an artist by profession, sexually assaulted her 13-year-old neighbor in her residence between February and June 2020. The victim's family filed a complaint in 2024 after the boy disclosed the incidents to his mother, who noticed changes in his behavior after the family moved to Dubai. The accused sought to quash the charges, arguing that the POCSO Act's language primarily refers to male offenders and that a woman cannot commit rape. Her lawyer argued that the Act only recognized men as perpetrators.

The High Court rejected this argument, asserting that the POCSO Act applies to all children, regardless of gender, and holds both men and women accountable for sexual assault. The court stated that the "gender of the perpetrator is immaterial; what matters is the act and the involvement of the child". Justice Nagaprasanna described the argument that penetrative sexual assault charges apply only to men and boys as "archaic," emphasizing that the POCSO Act is designed to safeguard childhood without gender bias.

The court also addressed the argument that the delay in filing the complaint undermined the case's credibility. It stated that a delay in reporting cannot be grounds for quashing proceedings in cases involving child victims. The bench further dismissed the contention that women can only be passive participants in sexual offenses, terming the argument "archaic". The court observed that the jurisprudence of the present times embraces the realities of victims and does not allow stereotypes to cloud legal scrutiny.

The Karnataka High Court's ruling reinforces the gender-neutral nature of the POCSO Act, ensuring that both men and women can be held accountable for sexual offenses against children. This progressive interpretation of the law aims to protect children from sexual abuse, regardless of the perpetrator's gender. The court emphasized that the Act's intent cannot be undermined by strained or narrow readings of gender roles.