POCSO Act Is Gender-Neutral Legislation: Delhi HC

The Delhi High Court has recently stated that the POCSO Act is a gender-neutral legislation while dismissing an assertion that the law is being “misused” as it is a “gender-based” enactment.

Justice Swarana Kanta Sharma raised objections to the argument presented by an accused under the POCSO Act who sought to cross-examine the victim once again before the trial court. The judge characterized this move as “insensitive,” “inappropriate,” & “misleading.”

Furthermore, the judge stated that the legislature can’t stop enacting laws nor judiciary can stop applying them only because they can be “misused” as they are enacted to curb offenses and get justice to genuine victims.

The court stated in a recent order, “The contentions of learned counsel for the petitioner in the pleadings as well as during oral arguments that the POCSO Act is gender-based legislation and therefore is being misused is not only inappropriate but misleading too. To say the least, POCSO Act is not gender-based and is neutral as far as victim children are concerned.”

It stated, “Any law, whether gender-based or not, has the potential of being misused. However, only because laws can be misused, the legislature cannot stop enacting laws nor judiciary can stop applying such laws since they have been enacted to curb the larger menace of commission of such offenses and getting justice to genuine victims.”

In the context of a case involving a 7-year-old victim of an incident that occurred in 2016, the court declined to order a re-cross examination of the victim and her mother before the trial court. The court expressed it is bound to remain sensitive to the plight of the minor victim.

The victim and her mother, the court opined, cannot be recalled to relive the entire trauma after 6 years of the conclusion of their testimony.

Furthermore, the court stated, “A perusal of the record would reveal that six years have passed since the testimonies of the prosecutrix and her mother were recorded before the learned Trial Court,” noted the court. While this Court cannot dispute that the right to a fair trial is a crucial and precious right of the accused, so is the complainant’s right to a fair trial which requires that they should not unnecessarily be harassed, especially in the cases of sexual assault.”