The Protection of Children from Sexual Offences (POCSO) Act has provisions for equally punishing perpetrators of sexual crimes, regardless of gender identity. A Fast Track Court convicted a transwoman with rigorous imprisonment for 7 years for sexually assaulting a minor boy. 

Kerala: In a first-of-its-kind case in Kerala, a Fast Track Court in Thiruvananthapuram convicted a transwoman for sexual assault committed on a minor boy. The court found Sachu Samson, alias Shefina, 34, was guilty and ordered 7 years of rigorous imprisonment besides imposing a fine of ₹25,000. The verdict assumes importance as the transgender woman tried to take defense under her gender. However, the Protection of Children from Sexual Offences (POCSO) Act does not distinguish gender identity in crimes against children. The act takes cognizance of the exploitation of transgender children and also clearly explains punishments for perpetrators of such crimes, even if committed by transgender accused. In the present case, the accused Sachu Samson belonged to the male gender in 2016 and had committed a sexual offense on a minor boy aged 16 years on a moving train when the crime took place. The accused later underwent a sex change surgery. The Fast Track Court took credence to the testimony of a doctor appearing in the case as an expert witness. He deposed that the accused was still capable of sexual offense as alleged by the victim even after the surgery.