Supreme Court's 'don't preach' rap over Calcutta HC's 'sexual urge' advice to girls

A bench of Justices Abhay S Oka and Pankaj Mithal said the remarks violated the rights of adolescents under Article 21 of the Constitution.

Published on: Dec 8, 2023, 14:01:31 IST

By HT News Desk

Prefer HTon Google

Share via

Copy link

New Delhi: The Supreme Court on Friday described Calcutta High Court's recent observations advising young girls to "control sexual urge", as "objectionable and unwarranted". Criticising the observations that were part of the high court's judgement in a sexual assault case, the apex court asked judges to refrain from expressing "personal views or preach".

Supreme Court of India (Representative Photo) (HT_PRINT)

A bench of Justices Abhay S Oka and Pankaj Mithal said the remarks violated the rights of adolescents under Article 21 of the Constitution, reported PTI.

"Prima facie, we are of the view that the judges are not expected to express personal views or preach," the bench said, issuing a notice to the West Bengal government and other parties in the case.

The court has asked senior advocate Madhavi Divan to assist it in the case.

The Supreme Court had taken a suo moto cognizance of the Calcutta High Court's observations on October 18, 2023.

Per the order, the proceedings were initiated at the behest of CJI DY Chandrachud. The matter was assigned to the bench later.

Also read: HC acquits Bengal man sentenced to 20 yrs for raping minor girl he married

A division bench of the high court, while announcing an order in a POCSO Act case, had observed that it is normal for adolescents to seek the company of the opposite sex but it isn't "normal for them to engage in sex devoid of any commitment and dedication".

According to PTI, the bench had also said that "every female adolescent should control sexual urge as in the eyes of society she will be a loser when she gives in to enjoy sexual pleasure of hardly two minutes."

It also said the girls should protect their dignity and self-worth.

Also read: Calcutta HC sets aside death sentences in 2013 Kamduni gang rape and murder

For male adolescents, it said, they should “respect the aforesaid duties of a young girl or woman and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and right to autonomy of her body”.

The Calcutta High Court had made these observations while hearing a teenager's request against conviction in a rape case.

ABOUT THE AUTHOR
HT News Desk
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.Read More

Get the latest India News, breaking headlines and real-time updates from across the country. Stay informed about politics, government policies, crime, weather and major national developments.