SC takes suo motu cognizance of Calcutta HC's 'control sexual urge' advice to adolescent girls

The Calcutta HC had overturned the conviction of a man who had married a minor girl and become the father of a girl, stating that this was a case of "non-exploitative consensual sexual relationship between two consenting adolescents, though consent in view of the age of the victim is immaterial."

New Delhi: The Supreme Court has registered a suo motu matter 'In Re: Right to Privacy of Adolescent' arising out of a Calcutta High Court judgment which advised young girls to "control sexual urge".

A bench of Justices Abhay S Oka and Pankaj Mithal will take up the matter on its own motion on Friday, December 8, 2023.

On October 18, 2023, a division bench of the Calcutta High Court suggested that every female adolescent should "control sexual urge/urges" and "protect her right to integrity of her body".

The court had then overturned the conviction of a man who had married a minor girl and become the father of a girl, stating that this was a case of "non-exploitative consensual sexual relationship between two consenting adolescents, though consent in view of the age of the victim is immaterial."

The bench had referred to the "unintended consequence of the POCSO Act" and called for a balanced approach between protecting children and avoiding the criminalisation of consensual acts among adolescents above 16 years.

"We, therefore, do not propose to suggest to tinker with the age of consent in the POCSO Act. We leave it to the Law Commission of India and National Commission for Protection of Child Rights (NCPCR) to deliberate on this aspect to give their suggestions to the appropriate Government," the bench had said.

"So far as the case of criminalisation of romantic relationship between two adolescents of opposite sex is concerned, it should better be left to the wisdom of the judiciary. Each judiciary in the world has the nicety of pluralism. Each individual judge has his/her own opinion. He/She has his/her own unique style of addressing an issue," the bench had added.

The court also said it is the duty/obligation of every female adolescent to: "protect her right to integrity of her body; protect her dignity and self-worth; thrive for overall development of her self transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes; protect her right to autonomy of her body and her privacy."

For male adolescents, the bench had said they should "respect the duties of a young girl or woman and he should train his mind to respect a woman, her self worth, her dignity and privacy, and right to autonomy of her body".

The court also emphasised the need for parental guidance for adolescents and requisite sex education, highlighting these aspects. It stated that reproductive health and hygiene should be integrated into the curriculum of every school.

"We do not want our adolescents to do anything that will push them from the dark to darker side of life. It is normal for each adolescent to seek the company of the opposite sex but it is not normal for them to engage in sex devoid of any commitment and dedication (sic)," the bench had said.