Shattering Myths About Male Victims in POCSO Act

The recent and tragic Badlapur incident in Maharashtra, where two minors – 4-year-old girls – were sexually assaulted within their school premises, has ignited widespread outrage across India. This case has spurred protests, dominated media headlines, and drawn judicial scrutiny. In this aftermath, we’ve also unearthed numerous aligning issues, such as the 1700+ backlog of The Protection Of Children From Sexual Offences Act, 2012 (POCSO) cases in Meghalaya, the need for special courts, and the gender-neutrality of the accused in POCSO cases.

However, amid the storm of public discourse and the media catch up on the issue, a few noteworthy cases have yet to be widely discussed. For instance, the case of a man in Meerut sexually abusing and blackmailing 6 children in August or the incident in Delhi a few months ago when a 14-year-old was sexually assaulted by school seniors or the recent tragedy when a 12-year old in Pune was sodomised in broad daylight.

We need to sit back and ask ourselves–

Why were these cases not as widely reported?

Does gender of the victim influence media coverage, and social responses?

While it is essential to recognize and address the victimization of girls, it is equally crucial to understand that POCSO – through its definition of “child” – was designed to protect all children, irrespective of gender. And, with the contrast thus described, we can see that a critical aspect of child protection law in India is being largely overlooked: the gender neutrality of the POCSO Act when it comes to the gender of the child. Unfortunately, public and media narratives often skew towards emphasizing female victims, which risks side-lining the significant, yet often hidden, experiences of male victims.

This article dives deeper into why this oversight is problematic and even dangerous; explores the implications of ignoring POCSO’s gender neutrality, and argues for a more inclusive, equitable approach to child protection.

Table of Contents

Understanding POCSO: A Gender-Neutral Framework for child sexual abuse

A key feature of POCSO is its gender-neutral definition of a child as any person under the age of 18, ensuring that both boys and girls are equally protected under the law. This inclusivity is vital because sexual abuse does not discriminate based on gender. Simply put—children are at risk because they are children and are vulnerable as a group regardless of gender.

The law’s provisions are clear in their intent to protect all minors, with sections that address penetrative and non-penetrative sexual assault, harassment, and the use of children for pornographic purposes, without specifying the victim’s gender. This neutrality is not just a legal technicality; it reflects / recognizes the reality that all children are vulnerable to sexual exploitation, albeit in different contexts and with varying societal responses.

However, despite the law’s inclusive design, we still see greater societal and media focus toward female victims. The Badlapur case, for example, has naturally been framed around the victimization of girls, as was the reality of the victims. But nearly all subsequent discussions on prevention of CSA and protection – whether political, social or personal – have deviated from the gender inclusive stance of children’s safety to a narrative around solely protecting the girl child.

We know that we cannot look at children or people as homogenous, and that needs and areas of intervention may be diverse. While working with children especially we understand that there are certain experiences and factors that bring in heightened risk and vulnerability.

Some factors that increase children’s risk and vulnerability include the intersections of identity and belonging to marginalized groups (gender, caste, class, social context, disability, queer / trans identity, etc).

While it is important to spotlight and work on safeguarding those most vulnerable, it is equally important to ensure that no other similarly vulnerable child’s right to occupy safe spaces is ignored or forgotten. The biggest marginalization of being a minor is that they are a child, dependent on the people and systems around them. And no other markers of privilege can negate this vulnerability.

Furthermore, contrary to widely held beliefs, research (MWCD study, 2007) indicates that boys were equally affected as girls when it comes to incidents of Child Sexual Abuse (CSA).

Our experience informs us that when it comes to CSA for boys, disclosure and reporting of these instances may be further compounded by societal bias and prejudices, making the issue all the more alarming and in need of critical action and spotlight.

A skewed perspective adopted by both policy makers, politicians, and stakeholders that grossly neglects or glosses over the equally pressing issue of male child sexual abuse – that continues unabated and unrecognized – can create gaps in the structures and systems in place to support and safeguard all children, as per Law.

Why must we hold on to a Gender Neutral / Gender Inclusive lens when working on the issue of Child Sexual Abuse?

When society overlooks the gender neutrality of POCSO, several troubling consequences emerge, particularly for male victims of sexual abuse.

a) Under-Reporting and Social Stigma:

Male child sexual abuse is significantly under-reported in India, largely due to the societal stigma surrounding male victimization. According to a national study by the Ministry of Women and Child Development, 53.22% of children reported experiencing some form of sexual abuse, with 52.94% of these victims being boys. Even more troubling, 57.3% of those subjected to severe forms of abuse were boys.

Despite these figures, social narratives often overlook boys as victims, leading to a dangerous under-recognition of their experiences. The stigma that boys face stems from deeply ingrained patriarchal beliefs that equate masculinity with strength and invulnerability. As a result, many boys who suffer sexual abuse feel ashamed or fear that they will not be taken seriously, leading to a staggering 77% of children not reporting their abuse to anyone. This under-reporting skews public perception and policy, reinforcing the false narrative that sexual abuse is primarily a female issue.

b) Psychosocial Impact and Barriers to Seeking Help:

Boys who are sexually abused often internalize their trauma, leading to severe mental health issues such as depression, anxiety, and PTSD (Rice SM et al, 2022). The societal expectation that males should “handle” their problems on their own / the need to “be a man” or conversely not “be a girl” about it further isolates these victims, making it less likely that they will seek help.

Moreover, existing support services are often not equipped to address the specific needs of male survivors. Counselling centres and helplines, for instance, may be typically geared toward female victims, leaving boys without adequate resources to process their trauma. This might be owing to prevailing often unconscious bias regarding Gender and Assault, Masculinity and ideas around the “perfect victim”, which we see reflected in social responses to such incidents. This lack of tailored support exacerbates the psychological damage and reinforces the belief that boys should not express vulnerability

c) Reinforcement of Patriarchal Norms and toxic masculinity:

Ignoring the gender neutrality of POCSO Act also perpetuates patriarchal norms that harm all children. By focusing predominantly on female victims, society inadvertently upholds stereotypes that view males as inherently strong / immune to CSA and females as inherently vulnerable.

These stereotypes limit the potential of both boys and girls, trapping them in roles that restrict their emotional expression and personal growth. For boys, this means being discouraged from seeking help or showing vulnerability, which perpetuates a cycle of silence and suffering. These narratives also shape the parents, caregivers and stakeholders understanding of CSA adding to existing unconscious bias. This makes it challenging to spot the signs amongst all children and respond appropriately as well – further isolating vulnerable children and making it harder to reach out and disclose such incidents to trusted adults.

The long-term consequences of this are not only detrimental to individual survivors but also to society as a whole, as it fosters environments where toxic masculinity and emotional repression are normalized.

d) Invisibility of children’s risk across the spectrum of gender:

By defining a child as any person below the age of 18, POCSO Law has gone beyond just “Boy” or “Girl”, “Male” and “Female”, ensuring that all children, regardless of their gender, orientation or any other aspect of identity, is covered under the Law.

As stakeholders of children’s safety, we too must go beyond the gender binary, when deconstructing data available, understanding the issue of CSA, and developing mechanisms that support child safety.

Conclusion

The POCSO Act is a powerful tool for safeguarding all children, but its effectiveness is undermined when society fails to recognize its gender-neutral intent. By adopting a more inclusive approach—through awareness, legal reforms, enhanced support systems, and the challenging of societal stigmas—we can ensure that every child, regardless of gender, is protected from sexual abuse and has access to the justice and support they deserve. Only then can we truly fulfil the promise of POCSO and create a safer, more equitable society for all children.

FAQs

Who is covered by the definition of child, under POCSO Act, 2012?

According to section 2 (d) of the POCSO Act, a “child” means any person below the age of eighteen years.

Do boys experience Child Sexual Abuse?

Yes, they do. According to a national study by the Ministry of Women and Child Development, 52.94% of these victims being boys. Even more troubling, 57.3% of those subjected to severe forms of abuse were boys.

What are some factors that may increase risk and vulnerability for children?

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