Karnataka High Court Stays POCSO Case Against Woman, Raises Questions on Gender Neutrality of the Law
On Wednesday, November 27, the Karnataka High Court granted interim relief to a 52-year-old woman, Archana Patil, staying further proceedings in a case filed under the Protection of Children from Sexual Offences (POCSO) Act. The case was brought against her after a complaint by the parents of a minor boy, who alleged that she had sexually assaulted him.
A single-judge bench of Justice M. Nagaprasanna, upon hearing the petition, expressed concern over the unique nature of the case, which involves a woman as the accused. The judge, in an oral remark, noted, "POCSO case against a lady, this is the first time I have come across such a case. This is shocking." The bench further emphasized the significance of determining whether the POCSO Act is gender-neutral, stating, “This is a very very important case where the POCSO Act is gender neutral or not we will have to lay down.”
The allegations stemmed from an incident in 2020, but the FIR was only filed in 2024, four years later. Senior Advocate Hashmath Pasha, representing the petitioner, argued that the charges under Sections 4 and 6 of the POCSO Act were based on a delay and were linked to a series of financial disputes between the two families. Pasha suggested that the case had been fabricated to avoid repayment of financial transactions.
The bench, while considering the case, highlighted the peculiarities involved, stating, “The case projects a strange circumstance. The petitioner is alleged of the ingredients of Section 4 and 6 of Act against a 13-year-old boy. The petitioner is a lady of 52-years. The incident is said to have happened on May 1, 2020. The complainant is registered on June 26, 2024 after four years. The ld senior counsel would submit that there are a plethora of financial transactions between the parties. Using the child of 13-years of an alleged incident of the 2020 of the petitioner indulging in penetrative sexual assault against a boy, the crime is sought to be registered and police have filed chargesheet.”
The Court stayed the proceedings and directed the prosecution to submit its reply to the petition. The matter is scheduled for further hearing on December 6. During this period, the Court will assess the implications of the case, which raises critical questions about the gender-neutral application of the POCSO Act.
Case Titile: SMT. ARCHANA PATIL V/S STATE OF KARNATAKA
Date: November-27-2024
Bench: Justice M Nagaprasanna
