A policy note that renders POCSO Act vague

The ambiguity of categorisation and misrepresentation of data cause concern, as it determines interventions and budget allocation

The recent policy note “Home, Prohibition and Excise Department, Tamil Nadu Police” by the Tamil Nadu Home Department on the Protection of Children from Sexual Offences (POCSO) Act, 2012 demonstrates a superficial understanding of sexual offences against children. The ambiguity of the categorisation and the misrepresentation of data cause concern, as the policy note will determine scheme and programme intervention and budget allocation.

The baldness of classification of cases under the Act as “POCSO Rape” and “POCSO Others” without any nuance is bound to cause public alarm. It is deceptive on two fronts. First, the note demonstrates an archaic understanding of sexual violence which the Act intentionally turned on its head in 2012.

In the absence of a definition of what constitutes “POCSO rape”, one can only speculate whether it refers to the pre-POCSO definition of rape as was defined in the Indian Penal Code, which considered only peno-vaginal penetration, or it includes the various forms of penetrative acts as defined in the POCSO Act, which allows that anyone besides men could be perpetrators and both boys and girls can be victims.