Supreme Court takes exception to Calcutta High Court’s advice to adolescent girls to control sexual urge

Satya Prakash

New Delhi, December 8

Taking strong exception to the Calcutta High Court’s advice to adolescent girls to control their sexual urge, the Supreme Court on Friday termed it as “highly objectionable and completely unwarranted” and asked judges not to preach.

“Prima facie, we are of the view that the judges are not expected to express personal views or preach,” said a Bench led by Justice AS Oka – which took suo motu cognisance of the matter due to “sweeping observations” made in the October 18 order of the high court.

While dealing a case under the Protection of Children from Sexual Offences (POCSO) Act, the high court had said that adolescent girls should “control sexual urges” and “not give in to two minutes of pleasure”.

“After having carefully perused the (high court) judgement, we find that many parts thereof, including paragraph 30.3, are highly objectionable and completely unwarranted. Prima facie, the said observations are completely in violation of rights of adolescents under Article 21 of the Constitution (right to life, liberty and privacy),” the top court said, adding “In an appeal against conviction, the High Court was called upon to decide only the merits of the appeal and nothing else.”

Issuing notice to the West Bengal Government, the Bench appointed senior advocate Madhavi Divan as amicus curiae to assist the court and posted the matter for further hearing on January 4, 2024.

While hearing an appeal by a boy sentenced to 20-year imprisonment for sexual assault, the High Court acquitted him, terming it a case of “non-exploitative consensual sexual relationship between two consenting adolescents, though consent in view of the age of the victim is immaterial”.

The top court wondered if the state government had challenged the acquittal or not.

The high court said it’s the duty/obligation of every female adolescent to “protect her right to integrity of her body; protect her dignity and self-worth; thrive for overall development of her self transcending gender barriers; 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; protect her right to autonomy of her body and her privacy.”

The high court further said, “It’s the duty of a male adolescent to 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 her right to autonomy of her body.”