The Protection of Children from Sexual Offences (POCSO) Act, 2012, was already designed to be gender-neutral regarding victims, but the 2019 Amendment Act further solidified this by making it gender-neutral with respect to both perpetrators and victims through the expansion of definitions and stringent punishment provisions. The amendment ensures that a child is defined as any person under the age of 18, regardless of gender, and the law applies uniformly to all, irrespective of the perpetrator's gender.
- Broadened "Person" Definition: The Act and its amendments, read with the General Clauses Act, 1897 (which mandates that masculine pronouns like "he" include "she"), ensure that a female can also be prosecuted as an offender under the Act.
- Neutrality in Penetrative Sexual Assault (Section 3): The 2019 Amendment, which reinforced the 2012 Act, does not restrict the offender to being male. It covers non-penile acts (such as object or digital penetration), which can be committed by individuals of any gender.
- Gender-Neutrality in Aggravated Assault (Sections 5 & 6): The 2019 amendments enhanced punishments for "aggravated penetrative sexual assault," including the death penalty, applying equally to male or female perpetrators who are in a position of trust, such as teachers or relatives.
- Inclusion of Modern Offences: The amendment added explicit provisions for child pornography and the use of children for pornographic purposes, making it illegal for anyone (regardless of gender) to store, produce, or distribute such material.
- Judicial Affirmation: The Karnataka High Court (in a 2025 ruling referencing the 2019 Amendment) affirmed that the POCSO Act is a gender-neutral, progressive enactment designed to protect children, holding that a woman can be prosecuted for sexual assault under the Act.
In essence, the 2019 amendment reinforced the legislative intent that the POCSO Act protects all children, and the gender of the perpetrator is immaterial to the crime.
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