‘Absolutely wrong’- Supreme Court condemns Calcutta HC’s advice to girls to ‘control sexual urges’

‘Absolutely wrong’: Supreme Court condemns Calcutta HC’s advice to girls to ‘control sexual urges’

The Supreme Court on Thursday expressed strong disapproval of the Calcutta High Court’s advice to adolescent girls to “control sexual urges,” calling the judgment as “absolutely wrong.” The two-judge bench, presided over by Justice AS Oka, reiterated concerns about the nature of the findings and principles invoked in the controversial judgment.

Addressing the issue, Justice Oka said, “See the kind of findings…What kind of principles have the judges invoked! HC says the POCSO section should be amended, and as it is not amended, they will exercise power under Section 482…From where such concepts come, we do not know. We want to address.”

Section 482, dealing with the inherent powers of the High Court, was referenced in the Calcutta HC verdict, prompting the Supreme Court to question the basis of such concepts.

Senior advocate Huzefa Ahmadi, representing West Bengal, informed the bench that the state government had filed an appeal challenging the Calcutta HC order on October 18, 2023. The Calcutta HC, in its order related to a case of kidnapping and sexual assault, had said that it was the duty of every adolescent girl to “protect her right to the integrity of her body.”

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Ahmadi highlighted additional problematic paragraphs in the Calcutta HC judgment, to which Justice Oka responded, “every paragraph is problematic. We have marked all the paragraphs.”

The Supreme Court deemed it necessary to consolidate both matters and directed the Registry to list the West Bengal appeal along with the suo motu proceedings on January 12.

The Supreme Court had taken suo motu cognizance on December 8, 2023, issuing notice to the state of West Bengal and seeking clarification on whether the state intended to challenge the judgment. The apex court highlighted that “the honorable judges are not expected to either express their personal views or preach.”