India’s Supreme Court on Friday (Dec 8) slammed Calcutta High Court’s recent observations that advised young girls to “control sexual urge”. The top court deemed the observations as “objectionable and unwarranted” and further asked judges in the courtrooms across the country to avoid expressing “personal views or preach”. The Calcutta High Court had made these remarks while hearing a sexual assault case involving an underage survivor.
The Supreme Court bench constituted by Justices Abhay Oka and Pankaj Mithal said that the remarks by the Calcutta High Court violated the rights of adolescents under the Article 21 of Indian constitution, the Press Trust of India reported. The Right to Life and Personal Liberty is assured by the Indian Constitution under its Article 21.
“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.
On October 18, 2023 the apex court had taken a suo moto cognisance of the Calcutta High Court’s observations. According to the Oct 18 order, the proceedings were initiated at the behest of Chief Justice of India DY Chandrachud. The matter was later assigned to the bench constituted by Justices Abhay Oka and Pankaj Mithai.
What Calcutta High Court had said?
A division bench of the Calcutta High Court, while announcing an order in a case under India’s Protection of Children from Sexual Offences Act, 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”.
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According to Press Trust of India, 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.
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”.
(With inputs from agencies)
