The Gender-Neutral Approach of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in Safeguarding Children’s Rights

The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a landmark legislation in India designed to safeguard children from sexual abuse and exploitation. One of the most distinctive features of the Act is its gender-neutral approach, departing from traditional legal norms that often classify sexual offenses based on gender. This paper delves into the significance of gender neutrality within the POCSO Act, highlighting its implications, challenges, and potential for reforming the discourse on child protection. The paper utilizes a comprehensive review of scholarly research and legal literature to analyse the impact of gender neutrality on child protection within the Indian legal framework. The Indian Penal Code of 1860 criminalises rape, wherein only men can be held liable for rape, and only women are recognized as potential victims. Conversely, laws concerning acid attacks are gender-neutral due to the use of the term ‘whoever’ in the relevant section, as stipulated by the Criminal Law Amendment Act of 2013. The paper further sheds light on the intricate legal landscape where these legislations coexist and aims to contribute to the ongoing discourse on harmonizing these legislative approaches for a more effective protection of children’s rights in cases of sexual offenses.