'Objectionable And Unwarted' SC On Calcutta HC's 'Young Girls Should Control Sexual Urge' Remark
The Supreme Court on Friday termed a Calcutta High Court judgment that advised young girls to "control sexual urges", highly objectionable and unwarranted.
"Prima facie, we are of the view that the judges are not expected to express personal views or preach," the SC bench of Justices Abhay S Oka and Pankaj Mithal said, adding that the HC's observations are completely in violation of the rights of adolescents under Article 21 of the Constitution.
Why SC criticised HC
The SC took suo motu cognisance of the High Court judgment and issued notices to the State government and others.
The top court also appointed senior advocate Madhavi Divan as amicus curiae to assist the court and advocate Liz Mathew to assist the amicus.
What Calcutta HC said
On October 18, the Calcutta High Court, while hearing an appeal by a 20-year-old who was convicted in a rape case under?POCSO, observed that adolescent girls must control their sexual urges instead of giving in to two minutes of pleasure, and adolescent boys must respect young girls and women and their dignity and bodily autonomy.
The HC bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen also went on to propose some duties for both adolescent females and males, including asking girls to protect their right to their body, dignity and self-worth and control sexual urges.
What was the case
The court set aside the POCSO conviction and accepted the appellant's argument that he had a?consensual physical relationship?with the girl, who was a minor at the time, and that they were now married.
The girl also told the HC that she had a consensual relationship with the accused.
HC had further called for?comprehensive rights-based sexual education?for adolescents to avoid legal complications arising from sexual relations at a young age.
For more on the news, sports, and current affairs from around the world, please visit?Indiatimes News.
