Supreme Court Overturns Controversial Calcutta HC Judgement on Adolescent Sexual Urges

Supreme Court Overturns Controversial Calcutta HC 

Judgement on Adolescent Sexual Urges


In a significant ruling, the Supreme Court has set aside a controversial judgement by the Calcutta High Court, which advised adolescent girls to "control their sexual urges." The SC has restored the conviction under rape charges against a man accused of sexually assaulting a minor, with whom he later entered into a marriage. 


SC Restores Rape Conviction

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan reversed the Calcutta High Court's acquittal of the accused, emphasizing that the High Court's observations on adolescent behavior were "problematic" and "highly objectionable."


Guidelines for Judges on Writing Judgments

In a critical move, the Supreme Court also issued guidelines for judges on how to draft judgments in cases involving adolescents, ensuring that personal biases and unwarranted opinions do not influence the judicial process. 


Calcutta HC’s Controversial Observations

Earlier, the High Court had acquitted the man, suggesting that adolescent girls and boys should "rein in sexual urges" and criticized the conflation of consensual acts among adolescents with sexual abuse under the Protection of Children from Sexual Offences (POCSO) Act. The HC had suggested that controlling sexual urges was a duty, especially for adolescent females, framing it as a matter of dignity and societal perception.


SC's Critique of the HC Judgment

The Supreme Court criticized the High Court for its "preachy" tone, stating that judges are not expected to express personal views or moral judgments in such cases. The apex court’s stance emphasizes that judicial decisions should be rooted in law and facts, not personal ideology.


Amicus Curiae Appointed

Senior advocate Madhavi Divan was appointed as amicus curiae by the Supreme Court to assist in the case, with advocate Liz Mathew assisting her.


A Step Forward in Judicial Sensitivity

This ruling is a step forward in ensuring that the judiciary approaches sensitive cases involving adolescents with the care and objectivity they demand. The SC's decision highlights the importance of protecting the rights of minors while ensuring that justice is not clouded by moralistic views.

Location: Pune, Maharashtra, India

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