Right to Privacy of Adolescents: SC expresses disapproval towards the Calcutta HC’s comment regarding the sexual conduct of adolescents, lists matter for hearing on May 09

On May 02, 2024, the Supreme Court (SC) of India heard the suo motu case, titled ‘In Re: Right to Privacy of Adolescents,’ taken by it over a Calcutta High Court judgment. The HC in its December 2023 judgment made certain remarks regarding the sexual conduct of adolescents, especially teenage girls. The HC bench stated that “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.
• Contro sexual urge/urges as in the eyes of the society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.
• Protect her right to autonomy of her body and her privacy.

It is the duty of a male adolescent to respect the aforesaid duties of a young girl or woman and he should train his mind to respect a woman, her self-worth, her dignity & privacy, and right to autonomy of her body.” If further added, “sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, maybe a man or woman. Therefore, sexual urge is not at all normal and normative.” Therefore, the HC bench overturned the conviction of a young man under the POCSO Act (Protection of Children from Sexual Offences Act), 2012, and cautioned adolescent girls to ‘control their sexual urges’. Earlier on December 08, 2023, the SC expressed its disapproval towards the Calcutta HC’s comment regarding the sexual behavior of adolescents. 

The top court bench comprising Justice Ujjal Bhuyan and Justice Abhay S Oka heard the suo motu case on May 02 (yesterday). It expressed displeasure at the general trend of courts to indulge in ‘victim-shaming’ and ‘stereotyping’ victims of sexual assault. During the proceedings, Justice Bhuyan observed, “Another problematic area in the line of reasoning that the court has adopted is that they have made the exercise of my right contingent upon my performing duty, if I don't perform my duty, I cannot exercise my rights.” In this context, Amicus Curiae, Senior Advocate Madhavi Divan, stated that due to this victim shaming and duty-centric mindset, victims of sexual crime do not come forward to report the same. She said, “This is also the reason why women don't report. They are so ashamed that they will be judged whether by their families, administration, court...there will be value judgments on their morality ....there is victim shaming, if you wear a skirt lower beyond a certain length, that will be expected that you will invite troubles for yourself.” 

Furthermore, Senior Advocate Huzefa Ahmadi who appeared for the State of West Bengal emphasized the fact how judicial pronouncements dangerously affect women. She said, “This kind of stereotyping of a role of a lady in the society by the High Courts and then actually harping on autonomy, you are effectively making her self-deprive, exactly the opposite of autonomy. So therefore what you are doing is firstly creating a particular atmosphere that is artificially created, she is supposedly exercising her autonomy which is not but actually making her dependent. By making her dependent, then making her a victim of circumstances, that's actually not autonomy.” After hearing the case, the top court directed the West Bengal government to devise institutional protection and counseling for the POCSO accused and survivor in the present case. It further listed the matter for hearing on next Thursday (May 09, 2024).