SC Sets Asides Controversial Calcutta HC Verdict On Sexual Urges Among Adolescent Girls
The Supreme Court on Tuesday set aside the controversial Calcutta High Court that had objectionable observations about sexual urges among adolescent girls. The top court today restored the conviction of a 20-year-old boy in a POCSO case, who was earlier acquitted by the high court.
In the last hearing the Supreme Court had directed the West Bengal government to devise institutional protection and counselling for the POCSO accused and survivor. The apex court had taken suo motu cognisance of objectionable remarks made by the Calcutta High Court in the judgment.
In December 2023, the Supreme Court took suo motu cognisance of a Calcutta High Court judgment which said, “every female adolescent should control sexual urge as in the eyes of the society she will be the loser when she gives in to enjoy the sexual pleasure of hardly two minutes.”
The apex court had earlier observed that if the court had not taken cognisance of the objectionable remarks by high court, other errors in the order would have likely gone unnoticed.
The case titled “Right to Privacy of Adolescent,” made headlines last year after the top court took cognisance of the controversial observations made by a Calcutta High Court bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen.
While acquitting a 20-year-old boy who had been sentenced in prison under the POCSO Act for engaging in sexual relations with a his romantic partner, who was a minor, the high court issued the following “advisories” to adolescent girls on their duties.
“It is the duty/obligation of every female adolescent to:
(i) Protect her right to integrity of her body.
(ii) Protect her dignity and self-worth.
(iii) Thrive for overall development of her self-transcending gender barriers.
(iv) 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.
(v) Protect her right to autonomy of her body and her privacy.”
The controversial high court order also laid down the duties of a male adolescent to respect the aforesaid duties of a young girl and he should train his mind to respect a woman, her self-worth, her dignity & privacy, and right to autonomy of her body.
The high court order also stated that sex in adolescents is normal but sexual urge or arousal of such urge depends on some action by the individual, may be a man or woman. And thus, sexual urges are not at all normal and normative.
A Bench of Justices Abhay S Oka and Ujjal Bhuyan today while setting aside this high court verdict said it has also explained in detail on how courts should write judgments.
“We have restored conviction under section 376. The committee of experts will take a call on the sentence. We have set aside the judgment. We have directed states section 19(6) read with section 46 JJ Act has to be followed,” the court ordered today.
Justice AS Oka further said that the matter should have been sent to the Juvenile Justice Board.
“We have said how judgment has to be written. We have issued directions to all states to implement section 19(6) of JJ Act. We have also formed an expert committee of three experts,” Justice Oka said.
