The Supreme Court of India has taken a significant step by initiating suo motu cognizance of a judgment passed by the Calcutta High Court, which has stirred considerable debate over its observations on adolescent sexual behavior. The High Court’s ruling, which led to the acquittal of a young man previously convicted under the POCSO Act for engaging in a sexual relationship with a minor, has brought to the forefront issues surrounding adolescent sexuality and the intersection of legal and societal norms.
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In its judgment, the Calcutta High Court, comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen, advised adolescents, particularly young girls and boys, to exercise restraint over their sexual urges. The Court expressed its concern over the POCSO Act’s treatment of consensual acts among adolescents as equivalent to sexual abuse. It advocated for the decriminalization of consensual sexual acts involving adolescents above 16 years and underscored the importance of comprehensive rights-based sexual education to prevent legal complications stemming from early sexual relations.
The High Court delved into the biological aspects of sexual urges in adolescents, stating,
“Sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, maybe a man or woman. Therefore, sexual urge is not at all normal and normative. If we stop some action(s), arousal of sexual urge… ceases to be normal.”
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Based on this understanding, the bench proposed a ‘duty/obligation-based approach’ for both adolescent females and males. For females, the duties outlined included protecting the integrity of their bodies, their dignity and self-worth, striving for overall development beyond gender barriers, controlling sexual urges, and safeguarding their right to autonomy and privacy. For males, the duty emphasized was to respect these obligations of females and to cultivate a mindset that respects a woman’s self-worth, dignity, and privacy.
The Supreme Court, led by Justices Abhay S Oka and Pankaj Mithal, will review this judgment in the suo motu case titled “In Re: Right to Privacy of Adolescent.” This intervention by the Supreme Court follows its earlier suo motu action where it stayed an Allahabad High Court direction that involved examining a woman’s horoscope to determine if she was a “mangalik.”
The Calcutta High Court’s observations and the Supreme Court’s subsequent suo motu cognizance underscore the complexities and sensitivities involved in addressing adolescent sexuality within the legal framework. The Supreme Court’s involvement signifies a crucial judicial interest in exploring, and potentially redefining, the legal and ethical parameters surrounding adolescent sexual behavior in the Indian context. This case represents a pivotal moment in the ongoing discourse on the rights, privacy, and responsibilities of adolescents in India.
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