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.
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Bharat Bandh today: Nationwide strike disrupts services as over 25 cr workers protest govt policies
New Delhi: A nationwide strike or Bharat Bandh called by ten central trade unions is underway today, with over 25 crore workers from both organised and unorganised sectors participating. The strike, which is also supported by several rural and agricultural labour organisations, is a protest against the central government’s economic and labour policies, which unions claim favour corporates at the cost of workers, farmers, and the poor.
Key demands of protesters:
► Withdrawal of the new labour codes,
► Increase in minimum wages,
► Creation of more government jobs,
► Hike in MGNREGA wages and workdays,
► A similar urban employment guarantee scheme,
► End to hiring retired officials over younger professionals in government departments.
A 17-point charter of demands has been submitted to the Union Labour Ministry, but union leaders allege no meaningful engagement has been initiated by the government so far.
Disruptions reported:
While banks, stock markets, and government offices are functioning as usual, disruptions are being reported in public transport across several states:
West Bengal: Protesters blocked railway tracks at Jadavpur railway station despite police deployment. Bus services continued amid high security, with some drivers seen wearing helmets as a safety measure.
Karnataka, Tamil Nadu, Bihar and parts of Delhi and Maharashtra reported sporadic disruptions in bus and train services.
Schools and colleges remain open in most places, though some institutions announced last-minute closures depending on local conditions.
Unions leading the strike:
The strike is being spearheaded by major trade unions including: INTUC, AITUC, CITU, HMS, SEWA, AIUTUC, AICCTU, LPF, UTUC, and TUCC.
The new labour laws, a major flashpoint, have drawn flak for allegedly weakening worker protections. Union leaders say the changes:
► Extend working hours,
► Restrict the right to strike,
► Undermine collective bargaining.
The unions have also criticised the trend of hiring retired officials instead of young jobseekers. With 65% of India's population under the age of 35, they argue that ignoring youth employment in sectors like Railways, steel, and education is both unjust and economically damaging.
This is not the first large-scale strike organised by the trade unions. Similar nationwide protests were held on:
November 26, 2020,
March 28–29, 2022,
February 16, 2024.
All of them focused on issues like the privatisation of PSUs, job insecurity, and the casualisation of the workforce.
