In a recent development, the Supreme Court has independently acknowledged and is set to consider an October ruling by the Calcutta High Court. The High Court's decision is centered around the notion that adolescent girls should take charge of their sexual desires rather than succumbing to momentary pleasure.
Scheduled to be heard by a panel consisting of Justices Abhay S Oka and Pankaj Mithal, the case addresses the recommendations made by the A division bench of the Calcutta High Court. Justices Chitta Ranjan Dash and Partha Sarathi Sen of the High Court, during the acquittal of a man found guilty of raping a minor girl with whom he was romantically involved, emphasized the need for young girls and boys to exercise control over their sexual impulses.
The High Court's remarks express concerns about the application of the Protection of Children from Sexual Offences Act (POCSO Act), suggesting a potential misinterpretation that could label consensual activities between adolescents as sexual abuse. Consequently, the High Court advocates for the decriminalization of consensual sexual activities involving adolescents aged 16 and above.
In a detailed judgment, the High Court proposes a 'duty/obligation-based approach,' outlining specific responsibilities for both adolescent females and males.
For Adolescent Females:
Safeguard their right to the integrity of their body.
Preserve their dignity and self-worth.
Strive for overall personal development, transcending gender barriers.
Exercise control over sexual urges, considering societal perceptions.
Protect autonomy of body and privacy.
For Adolescent Boys:
Respect the outlined duties for young girls and women.
Train their minds to respect women, acknowledging their self-worth, dignity, and privacy, as well as the right to autonomy of their bodies.
The High Court underscored the importance of guiding and educating adolescents on sexuality matters. It advocates that parents should be the primary educators, emphasizing the inclusion of necessary sex education in school curricula.
This education should focus on aspects such as reproductive health, hygiene, and the responsibilities outlined for adolescents, promoting a comprehensive rights-based sexual education for preventive measures against legal complications arising from early sexual relationships.
Case: In Re: Right to Privacy of Adolescent.
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