Gender Neutrality In Practice: Protection Of Male Child Victims Of Rape Under The POCSO Act, 2012
- IJLLR Journal
- Dec 16, 2025
- 1 min read
Preety Anand, Chanakya National Law University, Patna
ABSTRACT
Child sexual abuse remains a critical issue in India, yet male victims have historically been marginalized in both law and social discourse. The Protection of Children from Sexual Offences Act, 2012 (POCSO), establishes a gender-neutral legal framework that recognizes all children as potential victims, addressing gaps in Section 375 of the Indian Penal Code and the proposed Bharatiya Nyaya Sanhita. POCSO’s inclusive definition of penetrative sexual assault and the absence of marital or gender-based exceptions make it uniquely capable of protecting male child victims. Judicial pronouncements demonstrate that convictions under POCSO for male victims are achievable, but empirical data reveal persistent challenges: boys constitute a small fraction of reported cases, and sex-disaggregated outcomes for investigation, prosecution, and conviction are largely unavailable. Social and institutional barriers, including patriarchal notions of masculinity, victim-blaming, and dismissive attitudes, further inhibit reporting and access to justice. This study integrates doctrinal analysis, empirical evidence, and policy critique to examine the efficacy of POCSO in safeguarding male children. It argues that statutory gender neutrality must be complemented by enhanced data collection, institutional sensitization, child- friendly reporting mechanisms, and public awareness initiatives to ensure meaningful protection and equitable justice for all child victims.
