The Karnataka High Court recently ruled that charges of penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act are equally applicable to women. This judgment came while rejecting a petition filed by Archana Patil, a 53-year-old artist accused of sexually assaulting a 13-year-old boy when she was 48.
Patil challenged the legality of the charges, arguing that the POCSO Act’s language applies only to male offenders and that a woman cannot commit rape. However, the court clarified that the Act is gender-neutral, protecting all children irrespective of the gender of the accused, and allowed the trial against her to proceed.
Karnataka High Court Affirms Gender Neutrality of POCSO Act
The Karnataka High Court emphatically rejected the argument that penetrative sexual assault charges under Sections 4 and 6 of the POCSO Act apply only to men and boys. Justice M Nagaprasanna described this reasoning as “archaic,” underscoring that the POCSO Act is a progressive law designed to safeguard the sanctity of childhood without gender bias.
The judgment noted that while certain sections use masculine pronouns, the preamble and purpose of the law enshrine inclusivity, thereby covering both male and female offenders. The court observed sufficient prima facie material in the victim’s detailed statement and the chargesheet to allow the trial to proceed and emphasized that the act of the minor boy’s penetration was not voluntary but induced by the accused.
Case Background and Facts
The case originated in a gated community in Bengaluru, where Archana Patil, a well-known artist, allegedly sexually assaulted a 13-year-old boy. She had been offering art lessons to children in the community and had asked the boy to assist with garden work and manage her Instagram account. During the Covid-19 pandemic between February and June 2020, the accused allegedly repeatedly summoned the boy to her residence, disrobed both herself and the boy, and coerced him into sexual acts.
The boy’s family later moved to Dubai, where signs of psychological distress in the boy emerged. Upon returning to India, the family sought legal advice and lodged the complaint, which led to an FIR and chargesheet under the POCSO Act. The accused challenged the charges, citing that woman cannot be accused under POCSO, but this plea was dismissed by the High Court.
The Logical Indian’s Perspective
The Logical Indian welcomes this decisive judicial interpretation that strengthens child protection laws by affirming gender neutrality under the POCSO Act. Every child, regardless of the gender of the offender, deserves robust legal safeguards against sexual abuse and exploitation.
This judgment dismantles outdated stereotypes that limit legal accountability and highlights the evolving jurisprudence aimed at inclusivity and justice. It is crucial that societal attitudes and legal frameworks advance hand in hand to protect the vulnerable and uphold dignity.
