Bengaluru: The Karnataka High Court on Monday dismissed a petition filed by a 52-year-old woman to reduce the complaint of sexual harassment filed against her by the parents of a minor boy under sexual offenses (POCSO).
Justice M Nagprasana refused to cancel the ongoing proceedings against the woman and said that the provisions of the POCSO Act apply to both men and women, making it gender-plated.
“The POCSO Act, being a progressive enactment, is to protect childhood sanctity. It lies in the penis neutrality, its beneficial object with children’s safety, despite sex,” the court said.
The court further stated that under Sections 4 and 6 of the POCSO Act, the offenses of penetrating sexual harassment which are dealt with penetrating sexual harassment can be accused against women. While Justice Nagprasana said that while Section 3 and 5 of the POCSO Act uses pronouns of gender, the preamble of law and purpose make it inclusive, “covers crimes by both men and women.”
The judge said that under sections 4 and 6 of the Act, the content of penetrating sexual assault is equally applied regardless of the gender of the criminal. In the current case, the court said that it was found that the prima facial elements of crimes were found, and therefore the accused woman would have to face the test.
The case arose from a complaint filed by the mother of a 13 -year -old boy, alleging that the accused woman, who was close to the family, sexually abused her son in 2020, while living in the same residential community in Bengaluru. The victim’s family later moved to Dubai, and the boy revealed the incidents only after several years, after which a complaint was filed in 2024. The Bangalore Police investigated and filed a charge sheet, which led to the current action.
Senior advocate Hasmath Pasha, who appeared for the accused woman, argued that Section 4 and 6 of the POCSO Act cannot be implemented against a woman, rape, according to the definition, can only be committed by a woman by a woman.
The victim’s lawyer, advocate GV Ashok argued that published data revealed that sexual abuse of minors was actually more reported among boys than girls, although misuse against boys was often unpublished. He also presented that along with the statements of the victim before the police, a certified doctor also described the attack in detail, and the police investigation and charge sheet supported these claims.
The court also mentioned that it was a “public record case” that most of the minors reporting sexual harassment were boys.
“It is a matter of public records supported by empirical data” that 54.4% of children reporting sexual harassment are boys while 45.6% are girls. This statistical reality underlines an important truth that sexual violence is not limited to a gender, ”the court said.
It was also said that in a detailed statement of the victim, it found “adequate content” and a charge sheet for the accused woman to face the case in the case.
Rejecting the woman’s plea, Justice Nagprasana said, “The current time jurisprudence embraces the burning realities of the victims and does not allow the stereotypes to cloud for legal investigation.”
