Today, 2nd May, The Supreme Court criticized the Calcutta High Court’s remarks on ‘sexual urges of female adolescents’ as objectionable and incorrect. It highlighted the importance of addressing such issues with sensitivity and correctness. The Court also directed the West Bengal government to provide enhanced support and resources to minor rape survivors, emphasizing the need for government responsibility in such sensitive cases.
New Delhi: The Supreme Court, On Thursday, instructed the state of West Bengal to set up institutional protection and counselling for a young rape survivor, highlighting the necessity of prioritizing her welfare. This order issued during the examination of a Suo moto case concerning an advisory by the Calcutta High Court that suggested young girls should manage their sexual impulses.
In the course of the hearing, Justices AS Oak and Ujjal Bhuyan referenced the Muzaffarnagar incident, where students coerced into hitting a peer due to his religious beliefs. Drawing a comparison, the justices highlighted the importance of supporting the survivor and her child, particularly if the accused is convicted. They recommended engaging organizations such as the Tata Institute of Social Sciences (TISS) or professional social workers to ensure she receives support in a nurturing environment, despite societal challenges.
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In a recent case, the Calcutta High Court reversed the conviction of a man previously found guilty under IPC Sections 363 (kidnapping), 366 (kidnapping, abducting, or inducing a woman to compel her marriage), and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act. The court’s decision based on the acknowledgment of a consensual relationship between the two adolescents involved, despite the age of the victim. The couple, who now have a child together, participated in earlier court hearings via virtual means.
Senior Advocate Huzefa Ahmadi affirmed to the court the state’s duty to care for the welfare of the girl and her child. Senior Advocate Madhavi Divan, acting as the Amicus Curiae, highlighted the challenges women face in reporting crimes, including societal stigmas, victim shaming, and complex legal procedures, underlining the necessity for a non-judgmental approach.
Responding to the court’s remarks about the straightforward nature of the case, Divan highlighted the importance of ensuring that judicial terminology adheres to ethical principles outlined in the constitution. He raised doubts about the high court’s jurisdiction in dismissing criminal charges, taking into account the victim’s deprivation of education, economic security, and the opportunity to become a mother.
The panel voiced concerns regarding the inadequate compliance with the POSCO Act at local levels, stressing the necessity for its rigorous enforcement.
In its previous year’s decision, the Calcutta High Court advocated for the decriminalization of consensual sexual activities among teenagers older than 16 years.
For female adolescents, the court stated,
“It is incumbent upon every female adolescent to safeguard her right to bodily integrity, uphold her dignity and self-worth, strive for her comprehensive development beyond gender limitations, manage sexual desires, as society views her as the disadvantaged party when she succumbs to fleeting sexual gratification, and protect her autonomy and privacy.”
For male adolescents, the high court noted,
“They ought to honour the aforementioned responsibilities of a young girl or woman, and he must discipline his mind to respect a woman’s self-worth, dignity, and privacy, as well as her right to autonomy over her body.”
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Last year, a notable legal case titled “Right to Privacy of Adolescent” garnered significant media attention after the Supreme Court addressed controversial remarks made by a bench comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen of the Calcutta High Court. This occurred during the acquittal of a 20-year-old male who had been previously convicted under the POCSO Act for having a sexual relationship with his underage girlfriend.
In their judgment, the High Court provided a set of “advisories” directed at adolescents, outlining their responsibilities:
Every female adolescent has a responsibility to,
- Safeguard her bodily integrity.
- Uphold her dignity and self-respect.
- Aim for her personal development beyond gender constraints.
- Manage her sexual desires, as society views her negatively if she succumbs to brief sexual gratification.
- Maintain her bodily autonomy and privacy.
Additionally, the court outlined the responsibilities of male adolescents to,
- Manage her sexual desires, as society views her negatively if she succumbs to brief sexual gratification.
- Maintain her bodily autonomy and privacy.
The court further noted that while sexual feelings typical in teenagers, the emergence of such desires often results from specific actions by either gender.
Therefore, it emphasized that not all expressions of sexual desire are normal or acceptable.
The acquittal based on the determination of consensual relations between two adolescents. This decision made despite the age of the victim.