Gender Neutrality Under POCSO: A Critical Examination Of Law And Judicial Interpretation
- IJLLR Journal
- Feb 24
- 2 min read
Updated: Feb 26
Siddharth Nagar, Asst. Professor, Indore Institute of Law, Indore (M.P)
Mr. Rahul Shrivastava, Asst. Professor, Department of Law, Prestige Institute of Management and Research, Gwalior (M.P)
ABSTRACT
The present study undertakes a critical exploration of gender neutrality within the Protection of Children from Sexual Offences (POCSO) Act, 2012, interrogating its legislative intent, judicial interpretation, and socio-legal ramifications. Conceived as a comprehensive child protection statute, POCSO’s gender-neutral framework was envisioned to extend equal protection to all children irrespective of sex or gender identity. However, the neutrality principle has generated interpretive dilemmas before the courts, particularly in cases involving male victims, female perpetrators, same-sex abuse, and consensual adolescent intimacy. The central hypothesis of this research is that while gender neutrality reflects a progressive legislative shift towards inclusivity, its unqualified application has produced both normative and practical challenges. On one hand, it has resulted in the over- criminalization of adolescent sexuality, where consensual relationships are frequently prosecuted as offences. On the other hand, the principle tends to obscure gender-specific vulnerabilities, thereby limiting the law’s effectiveness in addressing disproportionate risks faced by girls and LGBTQ+ children in a patriarchal socio-cultural milieu. The inquiry will employ a doctrinal and jurisprudential analysis of statutory provisions and judicial decisions to assess whether the judiciary has succeeded in harmonizing neutrality with the lived realities of child victims. The expected outcome is to illuminate the dual character of neutrality—its capacity to broaden protection as well as its propensity to flatten complex vulnerabilities. The research argues for a nuanced recalibration of the neutrality model through judicial guidelines, legislative refinements, and sensitivity-driven enforcement mechanisms. By situating the debate within the larger discourse on equality, vulnerability, and child rights, this study seeks to advance the argument that neutrality should not be an abstract end in itself; rather, the paramount consideration must remain the holistic protection of the child as the ultimate constitutional and moral mandate.
Keywords: POCSO Act 2012, Gender Neutrality, Judicial Interpretation, Male Victims, LGBTQ+Children, Child Sexual Abuse, Comparative Law, Legal Reform.
