A Call for Sensitivity and Rights-Based Education
The Supreme Court of India has raised concerns over a recent Calcutta High Court ruling that advised adolescent girls to “control” their sexual urges. The apex court’s remarks came during a suo motu case, which was initiated in response to the High Court’s controversial statements. The Calcutta High Court had suggested that adolescent females should
“Control sexual urge/urges as in the eyes of society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes.”
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This ruling from the Calcutta High Court was part of a broader discussion on the Protection of Children from Sexual Offences Act (POCSO Act). The High Court had expressed worries about the Act conflating consensual acts among adolescents with sexual abuse. It advocated for the decriminalization of consensual sexual acts involving adolescents above 16 years and called for comprehensive rights-based sexual education to prevent legal issues stemming from sexual relations at a young age.
However, the High Court’s approach sparked a significant controversy, particularly due to its proposed ‘duty/obligation based approach’ for teenagers. This approach suggested that adolescent females and males have different societal duties. While adolescent boys were advised to respect the duties of young girls or women and to train their minds to respect women’s self-worth, dignity, privacy, and right to autonomy, the advice to adolescent girls to control their sexual urges was seen as problematic and regressive.
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The Supreme Court’s intervention in this matter highlights the need for a more sensitive and rights-based approach to adolescent sexuality. The apex court’s concern indicates a recognition of the complexities surrounding adolescent sexual behavior and the importance of addressing these issues with a balanced and progressive perspective. This case underscores the ongoing debate about how legal frameworks and societal norms intersect with the realities of adolescent sexual development and rights.
The Supreme Court’s response to the Calcutta High Court’s ruling is a crucial moment in the discourse on adolescent sexual rights in India. It reflects a growing awareness of the need to approach such sensitive topics with a nuanced understanding that respects the rights and dignities of all individuals involved, especially the youth. The call for comprehensive sexual education and a more empathetic legal approach to adolescent sexuality is a step towards ensuring that young people are informed, respected, and protected under the law.
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