Allahabad High court has stepped in with a controversial decision that has grabbed the eyeballs of netizens. In a shocking move, the court observed that oral sex with a minor does not fall under the ‘aggravated sexual assault’ category under the POCSO Act. Followed by the verdict, the jail term of a man convicted of sexually assaulting a 10-year-old boy has also been reduced.
Oral sex with minors is not ‘aggravated sexual assault’
Reportedly, a plea was filed by Sonu Kushwaha against a Special Sessions Court verdict convicting him for allegedly forcing a kid to perform oral sex in exchange for Rs 20. While hearing the plea, Justice Anil Kumar Ojha observed that oral sex with minors is a ‘less serious’ crime. The high court further explained that oral sex falls under the category of ‘penetrative sexual assault’ which is punishable under Section 4 of the Protection of Children from Sexual Offences Act (POCSO) Act and not under Section 6 of the Act.
According to reports, the court quoted “It is clear that offence committed by appellant neither falls under Section 5/6 of POCSO Act nor under Section 9(M) of POCSO Act because there is penetrative sexual assault in the present case as the appellant has put his penis into mouth of victim. Putting penis into mouth does not fall in the category of aggravated sexual assault or sexual assault. It comes into category of penetrative sexual assault which is punishable under Section 4 of POCSO Act.”
Bombay High Court’s skin-to-skin contact verdict
Earlier this year, a major controversy had erupted when Justice Pushpa Ganediwala of the Nagpur bench of the Bombay High Court, in a judgment, had remarked that there must be “skin to skin contact with sexual intent,” for an act to be considered sexual assault. Long story short, touching a minor girl’s breast without removing the top would not be considered as sexual assault but would be regarded as outraging the modesty of a woman under the Indian Penal Code (IPC).
However, a child being groped anywhere should be tantamount to a sexual assault, skin touch or not. Period. There should be no blurry lines and the legislature should have tried to correct this anomaly within the POCSO Act.
As far as oral sex with minors is considered, India , like the rest of the world, has seen cases where minors are manipulated and are forced in their homes, schools, and religious places to involve in sex as they are easy to suppress. Be it forced or consensual, oral sex with minors is a sexual offence and those who force a child to perform these activities must be punished.