SC Quashes Calcutta HC Order Advising Adolescent Girls to 'Control Sexual Urges'"

SC Quashes Calcutta HC Order Advising Adolescent Girls to 'Control Sexual Urges'"

The Supreme Court on Tuesday overturned the Calcutta High Court's order, which had advised adolescent girls to control their sexual urges.

A Bench of Justices Abhay S Oka and Ujjal Bhuyan emphasized the importance of how courts should craft their judgments, providing detailed guidance on the matter.

This ruling stemmed from a suo motu case initiated in response to a controversial Calcutta High Court judgment, which had advised adolescent girls to "control" their sexual urges rather than "succumbing to two minutes of pleasure." The High Court's approach, which suggested that adolescent females and males have distinct duties, sparked significant backlash.

The Supreme Court, in December 2023, took suo motu cognizance of the issue, criticizing the High Court's remarks as sweeping, objectionable, irrelevant, preachy, and unwarranted. The top court also expressed concern that the High Court's ruling sent the wrong message.

The original case before the High Court involved a division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen, who had acquitted a youth convicted of raping a minor girl with whom he had a 'romantic affair.' Today, the Supreme Court restored the conviction and ordered that a committee of experts determine the appropriate sentence.

Senior Advocates Madhavi Divan and Liz Mathew were amici curiae in the matter.

Senior Advocate Huzefa Ahmadi and advocate Astha Sharma appeared for State of West Bengal, which also had filed an appeal against the High Court verdict.

 

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