The Supreme Court made noteworthy remarks on Thursday, expressing disapproval of a Calcutta High Court order that advised adolescent girls to "control" their sexual urges, deeming it as sending the wrong signals.
Justices Abhay S Oka and Ujjal Bhuyan questioned the application of principles under Section 482 of the Code of Criminal Procedure (CrPC) and raised concerns about judges making such observations using their inherent powers.
The Supreme Court is addressing this issue in a suo motu case initiated following the controversial Calcutta High Court ruling. The High Court had suggested that adolescent girls should refrain from giving in to "two minutes of pleasure" and called for a 'duty/obligation based approach' for teenagers, differentiating between the responsibilities of adolescent females and males.
The High Court had also expressed concerns about the Protection of Children from Sexual Offences Act (POCSO Act) and advocated for decriminalizing consensual sexual acts involving adolescents above 16 years.
The Supreme Court found the High Court's comments sweeping, objectionable, and unwarranted.
During the recent hearing, the State of West Bengal informed the Supreme Court that it has filed an appeal against the High Court's verdict, concurring that the observations were "wrong." The Supreme Court recorded its intent to hear both the suo motu case and the State's appeal together, with the next hearing scheduled for January 12.
Case: In Re: Right to Privacy of Adolescent.
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