SC criticizes Calcutta HC: Judges advised “against preaching”

SC criticizes Calcutta HC: Judges advised “against preaching”

In a recent decision, the Supreme Court expressed disapproval of the Calcutta High Court's remarks concerning the need for adolescent girls to "control" their sexual urges.

A panel consisting of Justices AS Oka and Pankaj Mithal issued a notice in a suo motu case to investigate the matter, citing potential infringement on the rights of adolescents outlined in Article 21 of the Constitution of India.

The Supreme Court criticized the High Court's comments, deeming them objectionable and unwarranted. The panel emphasized that judges should refrain from articulating personal opinions or engaging in preaching. To address the issue, Senior Advocate Madhavi Divan was designated as amicus curiae to provide assistance, with Advocate Liz Mathew assigned to aid the amicus.

The controversy originated from an October 2023 order by the Calcutta High Court, where a division bench comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen advised young girls and boys to restrain their sexual urges. The High Court suggested that adolescent girls should manage their impulses rather than succumbing to "two minutes of pleasure." The bench also advocated for a comprehensive rights-based sexual education program for adolescents to prevent legal complications arising from early-age sexual relations.

The judges expressed the opinion that such sexual urges are a result of one's actions and deemed them as not being normal or conforming to societal norms. The Supreme Court, acting on its own initiative, took notice of the controversy on December 7, highlighting the need to address potential violations of constitutional rights.

Case: In Re: Right to Privacy of Adolescent.

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