SC questions Calcutta HC verdict cautioning adolescent girls to ‘control their sexual urges’, asked Registry to list on next Friday after taking CJI’s approval

On January 04, 2024, the Supreme Court (SC) questioned the judgment of the Calcutta High Court where it commented on the sexual behavior of adolescents mainly girls, cautioning them to ‘control their sexual urges’. In December last year, the matter was in the news because of comments from the Calcutta HC judge hearing the matter. The Supreme Court on 07 December 2024, initiated a suo motu under ‘In Re: Right to Privacy of Adolescent’. The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan was hearing the suo motu case against the Calcutta HC’s controversial judgment. 

During the hearing today, Senior Advocate Huzefa Ahmadi, who appeared for the State of West Bengal, informed the SC that an appeal has been filed stating, “The State has filed an appeal which was listed today before another bench of this court. Unfortunately, that bench did not sit.” Justice Oka pointed out that the SLP of the State of West Bengal would have to be heard along with the suo motu petition and said “It’s not only about these observations, but the findings of the court. Writing such judgments is absolutely wrong. What kind of principles the judges have invoked! In the case of settlement, there is a series of judgments on that. But here, the court has said that the POCSO section should be amended and as the section is not amended, they will exercise power under Section 482.”

After hearing the matter, the SC said, “It is pointed out by the senior counsel appearing for the state government that it has challenged the judgment in respect of which these suo motu proceedings have been initiated. The said special leave petition will have to be heard along with the present suo motu writ petition. Registry to list said SLP along with the suo motu writ petition next Friday, after taking the approval of the Chief Justice of India (CJI). List on next Friday.” Further, Justice Oka adjourned the matter stating, “We will issue notice in the SLP and then fix a date for the hearing. Meanwhile, you can get yourself ready.”