Woman can also be tried under POCSO for offence of 'penetrative sexual assault: Delhi HC
New Delhi, Aug 12: A female can also face criminal proceedings under POCSO for committing the offence of "penetrative sexual assault" on a child, and the offence is not restricted to only male offenders, the Delhi High Court has held.
Justice Anup Jairam Bhambhani said the Protection of Children from Sexual Offences (POCSO) Act was enacted to protect children from sexual offenses, "regardless of whether an offense is committed upon a child by a man or a woman". There was no reason why the word "person" appearing in section 3 (penetrative sexual assault) should be read as referring only to a "male", he added.
The court's decision was delivered last week on a plea by an accused in a POCSO case, who argued that since she was a woman, the offences of "penetrative sexual assault" and "aggravated penetrative sexual assault" can simply not be made out against her.
The accused, while assailing the framing of charges against her, contended that a plain reading of the provision showed that it only, and repeatedly, used the pronoun "he", meaning that the intent of the legislature was only to make a man liable for the offense.
However, the court said there is no reason why the word "person' appearing in section 3 of the POCSO Act should be read as referring only to a "male".
"It is accordingly held that the acts mentioned in sections 3 and 5 (aggravated penetrative sexual assault) of the POCSO Act are an offence regardless of the gender of the offender, provided the acts are committed upon a child," the court said in the judgment.
"Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offenses – regardless of whether an offense is committed upon a child by a man or a woman – the court must not interpret any provision of the statute that derogates from the legislative intent and purpose," it stated.
The court noted that under the Indian Penal Code (IPC), the pronoun "he" and its derivatives are used for any person, whether male or female, and the POCSO provision must not be interpreted in a manner that restricts the offense only to a man.
"When viewed from this lens, the only rational inference is that the pronoun 'he' appearing in section 3(a), 3(b), 3(c) and 3(d) must not be so interpreted as to restrict the offense engrafted in those sections only to a 'man'.
"It is extremely important to note that the said provisions include within the ambit of penetrative sexual assault, the insertion of any object or body-part; or the manipulation of any body part of a child to cause penetration; or the application of the mouth. It would therefore be completely illogical to say that the offense contemplated in those provisions refers only to penetration by a penis," the court observed.
The court, on a prima-facie consideration of the material, therefore, ruled that the offence of "aggravated penetrative sexual assault" was made out against the petitioner, even though she was a woman.
"The petitioner is therefore required to be put to trial for the offenses as charged. The petition is accordingly dismissed," held the court.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CM Siddaramaiah writes to CMs of 8 states on unfair devolution of taxes by Centre
Bengaluru, Sep 11: Karnataka Chief Minister Siddaramaiah on Wednesday said he has written to the Chief Ministers of eight states regarding the "unfair" devolution of taxes by the Union government, and has invited them to a conclave in Bengaluru to collectively deliberate on the issues of "fiscal federalism".
He said he has written to the Chief Ministers of Kerala, Tamil Nadu, Andhra Pradesh, Telangana, Maharashtra, Gujarat, Haryana, and Punjab.
"States with higher GSDP (Gross State Domestic Product) per capita, like Karnataka and others, are being penalised for their economic performance, receiving disproportionately lower tax allocations. This unjust approach undermines the spirit of cooperative federalism and threatens the financial autonomy of progressive states," he said in a post on 'X' with "#OurTaxOurRight" hashtag.
"I have invited them to a conclave in Bengaluru to collectively deliberate on the issues of fiscal federalism at a juncture when the Finance Commission needs to make a directional shift & create incentives for growth and better tax mobilisation," he said.
ALSO READ: CM denies charge of "vendetta politics" behind panel to speed up probe into scams during BJP rule
Siddararamaiah has also posted the letter written to CMs of other states on 'X'.
"As you are aware the 16th Finance Commission has begun its deliberations. The previous Finance Commissions have laid excessive emphasis on equity at the cost of efficiency and performance. As a result, states with higher GSDP per capita and higher contribution to the gross tax revenues of the union are progressively receiving lower shares of the central fiscal transfers," he said.
Stating that during the visit of the 16th Finance Commission to the State of Karnataka, during 29-30, August 2024, he underscored the need to carefully examine the impact of high emphasis given to equity on resource devolution to well performing states, he said, "I have emphasised that the reduction in central financial transfers to well performing states is placing severe limitations on their ability to invest in physical and human infrastructure."
The taxpayers of states, which are net donors to the divisible pool, also expect a fair share of their taxes to come back to them, he said, adding that the Finance Commission therefore needs to carefully balance equity with efficiency and performance.
Pointing out that states with a strong contribution to the country's GDP and Gross Tax Revenue, help build the nation in more ways than one, Siddaramaiah said, therefore, there is an urgent need to balance equity with efficiency and performance for a stronger Union, both politically and economically.
"It is, therefore, important that states which are receiving smaller shares in horizontal devolution, compared to their contributions to the Gross Tax Revenues of the Union, need to articulate a coordinated set of proposals before the Commission," he said.
"It is my pleasure to invite you to a conclave in Bengaluru to discuss these issues further. I will send a separate invitation indicating the dates once we firm up the schedule," he added.
I have written to the Chief Ministers of Kerala, Tamil Nadu, Andhra Pradesh, Telangana, Maharashtra, Gujarat, Haryana, and Punjab regarding the unfair devolution of taxes by the Union government.
— Siddaramaiah (@siddaramaiah) September 11, 2024
States with higher GSDP per capita, like Karnataka and others, are being penalized… pic.twitter.com/SLqpNwVPDA
