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Supreme Court sets aside Calcutta HC's order asking young girls to ‘control sexual urges’
Supreme Court set aside Calcutta high court's controversial order which asked adolescent girls to “control their sexual urges”.
The Supreme Court on Tuesday set aside the controversial judgment by the Calcutta high court delivered on October 18, 2023, asking adolescent girls to “control their sexual urges”. The apex court heard a suo motu case titled “In Re: Right to Privacy of Adolescents,” which was initiated after the controversial remarks by the high court last year.
A Supreme Court bench consisting of Justices Abhay S Oka and Ujjal Bhuyan set aside the high court's judgment asking girls to control their sexual urges and acquitting 25 year old man for engaging in sexual activities with a minor girl.
The bench said guidelines have been issued regarding how to write judgements, especially in cases of sensitive nature. Further, Justice Oka said that the conviction of the accused has been restored under Section 6 of the POCSO Act, Sections 376(3) and 376(2)(n) of the Indian Penal Code.
An expert panel has also been constituted to help the victim in the case take informed decisions, the top court said on Tuesday.
Supreme Court hearing on Kolkata case LIVE updates
The Calcutta high court in October last year sparked a controversy when it overturned the conviction of a 25-year-old man under the Protection of Children from Sexual Offences Act (POCSO Act) 2012, and made remarks regarding the sexual behavior of teenage girls.
The high court bench consisting of Justices Chitta Ranjan Dash and Partha Sarathi Sen said in its judgement, “It is the duty/obligation of every female adolescent to control sexual urge/urges as in the eyes of the society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.”
“Sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, may be a man or woman. Therefore, sexual urge is not at all normal and normative,” the bench further noted.
The high court further noted the need of provisions in the POCSO Act to address consensual, non-exploitative relationships between adolescents aged 16-18.
The Supreme Court on Tuesday also heard the plea regarding the rape and murder of a junior doctor in Kolkata earlier this month. The Calcutta High Court transferred the investigation of the case to CBI after expressing discontent with the investigation carried out by the Kolkata Police.
