The Supreme Court Today (Aug 20) set aside the Calcutta High Court order asking adolescent girls to control their sexual urges. A Bench of Justices Abhay S Oka and Ujjal Bhuyan said it has also explained in detail on how courts should write judgments.
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NEW DELHI: The Supreme Court overturned a controversial order from the Calcutta High Court that had advised adolescent girls to “control their sexual urges.” The Supreme Court’s decision not only quashed the High Court’s ruling but also provided detailed guidance on how courts should approach the writing of judgments.
The Bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, underscored the importance of thoughtful and sensitive judicial reasoning, particularly in cases involving minors.
Justice Oka emphasized that the Supreme Court has reinstated the conviction of the accused under Section 6 of the Protection of Children from Sexual Offenses (POCSO) Act, along with Sections 376(3) and 376(2)(n) of the Indian Penal Code (IPC).
In a significant move, the court also issued directions to state governments, urging them to enforce the provisions of Section 19(6) of the POCSO Act in conjunction with Sections 30 to 43 of the Juvenile Justice Act. These provisions are critical in ensuring that justice is served in cases involving children and adolescents.
Furthermore, Justice Oka highlighted that a committee of experts has been formed to assist the victim in making informed decisions regarding her future. This committee is intended to provide the necessary support and guidance to the victim, recognizing the sensitive nature of such cases.
The Supreme Court’s ruling was issued in response to a suo motu case that arose after the Calcutta High Court’s ruling, which controversially suggested that adolescent girls should “control” their sexual urges rather than “giving in to two minutes of pleasure.”
This High Court ruling had drawn widespread criticism for promoting a “duty/obligation based approach” to teenage behavior, implying different responsibilities for adolescent females and males.
The Supreme Court, taking suo motu cognizance of the matter in December 2023, strongly criticized the High Court’s comments, describing them as “sweeping, objectionable, irrelevant, preachy, and unwarranted.” The apex court further noted that such remarks from the High Court could send “wrong signals” to society.
In the original case before the High Court, a division bench comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen had acquitted a young man who had been convicted of raping a minor girl with whom he was reportedly in a “romantic affair.”
However, the Supreme Court has now restored the conviction and determined that the committee of experts will decide on the appropriate sentence for the youth.
The case saw the involvement of prominent legal figures, with Senior Advocates Madhavi Divan and Liz Mathew serving as amici curiae.
Representing the State of West Bengal, which had also appealed against the High Court’s decision, were Senior Advocate Huzefa Ahmadi and advocate Astha Sharma.
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