The Supreme Court will deliver its verdict on August 20 regarding the Calcutta High Court’s controversial advice to girls to “control sexual urges.” The top court had previously criticized the High Court’s remarks on December 8 last year, calling them “highly objectionable and completely unwarranted.”
New Delhi: The Supreme Court expected to issue its ruling on August 20 regarding the appeals challenging the 2023 Calcutta High Court decision, which acquitted an individual accused in a sexual assault case and included “objectionable” remarks advising adolescent girls to “control sexual urges.”
Previously, on December 8 of last year, the Supreme Court criticized the Calcutta High Court‘s decision, calling some of its comments,
“Highly objectionable and completely unwarranted.”
The Supreme Court set to deliver its verdict on August 20 regarding the appeals challenging the 2023 Calcutta High Court decision, which acquitted an individual accused in a sexual assault case and included “objectionable” remarks suggesting that adolescent girls should “control sexual urges.”
The Supreme Court taken note of certain comments made by a division bench of the Calcutta High Court and initiated a writ petition suo motu, emphasizing that judges are not expected to “preach” in their judgments.
The bench comprising Justices Abhay S Oka and Ujjal Bhuyan expected to announce its decision on August 20 concerning both the West Bengal government’s appeal against the October 18, 2023, High Court verdict and the suo motu petition.
In its controversial judgment, the Calcutta High Court had remarked,
“Female adolescents should ‘control sexual urges’ as society views them as ‘losers’ when they give in to the sexual pleasure of hardly two minutes.”
These observations made while hearing an appeal by a man who had been sentenced to 20 years for sexual assault but was subsequently acquitted by the High Court.
On January 4, while reviewing the case, the Supreme Court pointed out that certain paragraphs in the High Court‘s decision “problematic” and that writing such judgments “absolutely wrong.” Earlier, on December 8, the Supreme Court criticized the High Court’s observations, stating that they appeared to violate the rights of adolescents guaranteed under Article 21 (right to life and personal liberty) of the Indian Constitution.
The apex court highlighted that the High Court‘s focus should have been on the legality and validity of the original September 19/20, 2022 judgment, which convicted the man under sections 363 (kidnapping) and 366 (kidnapping, abducting, or inducing a woman to compel her marriage) of the Indian Penal Code, as well as section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
In its ruling, the Supreme Court noted,
“As per the order of the Chief Justice of India, a suo motu writ petition under Article 32 of the Constitution of India has been initiated primarily due to the sweeping observations and findings recorded by the division bench of the Calcutta High Court in the impugned judgment.”
The Supreme Court further stated that the Calcutta High Court expected to adjudicate solely on the merits of the appeal against the conviction and nothing beyond that.
The court remarked,
“But we find that the high court has discussed so many issues which were irrelevant. Prima facie, we are of the view that while writing a judgment in such an appeal, the judges are not expected to express their personal views. They are not expected to preach,”
In its controversial verdict, the Calcutta High Court acquitted the accused, describing the case as a “non-exploitative consensual sexual relationship between two consenting adolescents,” despite the victim’s age making consent legally irrelevant.
Read Also: Supreme Court Criticizes Calcutta High Court’s Remarks on Adolescent Sexual Urges
The High Court also emphasized,
“The duty of female adolescents to protect her right to the integrity of her body; protect her dignity and self-worth; thrive for the overall development of herself transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes.”
The High Court also highlighted that,
“It is the duty of a male adolescent to respect the aforesaid duties of a young girl or woman and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and her right to autonomy of her body.”
The Supreme Court’s forthcoming decision is highly anticipated, as it could potentially set a precedent regarding how the judiciary addresses issues related to sexual violence and victim-blaming.
This ruling may also influence the broader discourse on gender equality and the legal system’s role in protecting the rights and dignity of women in India. The outcome of this case expected to have significant implications for how such sensitive matters are handled by the courts in the future.
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