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Supreme Court sets aside order by HC advising girls to‘control sexual urges’
The Supreme Court on Tuesday set aside a Calcutta high court order that acquitted an man in a sexual assault case and made “objectionable” remarks advising adolescent girls to “control sexual urges”, saying these observations are “shocking” and perverse.
The Supreme Court on Tuesday set aside a Calcutta high court order that acquitted an man in a sexual assault case and made “objectionable” remarks advising adolescent girls to “control sexual urges”, saying these observations are “shocking” and perverse.
Restoring the conviction of the accused for rape and sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, a bench of Justices Abhay S Oka and Ujjal Bhuyan highlighted the need for judges to avoid bringing personal views into their judgments and the role of the state to protect minor victims of crime by providing them social and economic support as mandated by law.
Deprecating the high court’s verdict, the bench said, “The high court went to the extent of observing that the case of criminalisation of a romantic relationship between two adolescents of opposite sex should be best left to the wisdom of the judiciary. The courts must follow and implement the law. The courts cannot commit violence against the law.”
On October 18, 2023, the high court acquitted a 25-year-old man accused of raping a 14-year-old girl who later resided with the accused as her family disowned her. Left with a child born to her from the rape, the top court held that the facts of the case depicted total failure of the state machinery as the victim was not produced before the child welfare committee as required under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The top court bench directed the West Bengal government to form a committee of three experts, including a clinical psychologist, to interact with the girl and ascertain whether she wished to remain with the accused or avail of welfare benefits for such victims under the government schemes and the JJ Act. The government has been directed to furnish the report by October 18.
The incident took place in May 2018 and following the complaint by the victim’s mother the accused was arrested in December 2021. The top court had suo motu stayed the HC observations and appointed senior advocates Madhavi Divan and Liz Mathew to assist as amici curiae. Later, even the state appealed to set aside the HC order.
The 50-page judgment of the top court dealt extensively with the observations passed by the HC which termed the crime of the accused as “non exploitative” wondering how a heinous crime involving a 14-year-old girl could be non-exploitative when she has been subjected to such a horrific act.
The bench said, “There are several statements and conclusions in the judgment (of the HC) which, to say the least, are shocking. Perversity is writ large on the face of the judgment, which can be seen in several paragraphs of the impugned judgment.”
