The Supreme Court of India has scheduled to hear an appeal of a case where the Calcutta High Court had previously ordered that “young adolescent girls are obligated to control their sexual urges” under the Protection Of Children from Sexual Offences Act (POCSO). The case is titled “In Re: Right to Privacy of Adolescents,”.
The Calcutta High Court put forth this order with its related judgement involving a case of sexual intercourse between an “older adolescent” man and a minor girl. The court advised that “cautionary” obligations should have been fulfilled by the girl, including controlling sexual urges and striving for self-development, thereby transcending gender barriers. The court emphasized that per societal outlook, the girl becomes the “loser” when she consents to engage in brief sexual indulgence.
This controversial ruling subsequently sparked a response from India’s Apex Court, initiating the hearing of the case suo motu, i.e., of its own accord, and inspired the registration of a civil writ petition under Article 32 of the Indian constitution.
The Apex Court served a notice to the Calcutta High Court, the victim, and the accused, expressing its disappointment with the lower court’s questionable statements, along with the potential infringement on the victim’s dignity as mandated under Article 21 of the Constitution. Additionally, the Apex Court referred to the lower court’s observations as “highly objectionable” and “absolutely unwarranted”.
The Apex Court asserted that the lower court was only expected to deliberate on the appeal’s merits and nothing else. It expressed that judges should not utilize such cases as platforms to express personal views or doctrines, especially when they violate adolescent rights under Article 21 of the Constitution. Article 21 of the Indian Constitution affirms the shield of life and personal liberty, stating “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”
For further reading, here is the original article on this topic.