Calcutta HC’s order asking ‘adolescent girls should control their sexual urges,’ set aside by the Supreme Court

In a suo motu case titled ‘In Re: Right to Privacy of Adolescents,’ the Supreme Court (SC) of India delivered its judgment today (August 20, 2024). The two-judge bench constituting Justice Abhay S Oka and Justice Ujjal Bhuyan delivered the judgment. It set aside the Calcutta High Court (HC) judgment and controversial remarks such as adolescent girls should control their sexual urges. This suo motu case was initiated over the controversial remarks made by the Calcutta HC in its judgment delivered on October 18 last year. The HC acquitted a 20-year-old man who was engaged in sexual activity with a minor girl. In December 2023, the SC took suo motu cognizance of the matter and opined that the remarks of the HC were objectionable, preachy, sweeping, unwarranted, and irrelevant. The top court also said that such remarks violate the rights of adolescents under Article 21 of the Indian Constitution. Justice Oka also said that the judgment also includes guidelines regarding how to write judgments. Furthermore, as for the facts of the current case, the SC bench said that the conviction of the accused under Section 6 of the POCSO (Protection of Children against Sexual Offences) Act and Sections 376(3) and 376(2)(n) of the IPC (Indian Penal Code) have been restored.