LI Network
Published on: October 19, 2023 at 10:30 IST
The Calcutta High Court has made significant pronouncements regarding the behavior and responsibilities of adolescent girls and boys.
The court underlined that adolescent girls should exercise control over their sexual urges, while adolescent boys must show respect towards young girls and women, acknowledging their dignity and bodily autonomy. This decision came in the case of a youth accused of raping a minor girl with whom he had a ‘romantic affair.’
The High Court expressed concerns over the Protection of Children from Sexual Offences Act (POCSO Act) treating consensual acts among adolescents as sexual abuse.
It advocated for the decriminalization of consensual sexual activities involving adolescents above the age of 16. Additionally, the court called for a comprehensive rights-based sexual education program for adolescents to prevent legal complications stemming from sexual relations at a young age.
Explaining the Reasons for Sexual Urges:
In its detailed judgment, the court offered insights into the biological and psychological aspects of sexual urges. It explained that testosterone, the principal androgenic steroid responsible for sex drive and libido in men, is secreted primarily from the testes in men and ovaries in women.
The court highlighted that sexual urges are triggered by the activation of the hypothalamus and pituitary gland, which control the amount of testosterone. These glands become active in response to stimulation, such as sensory experiences, reading erotic materials, and engaging in conversations with the opposite sex.
The court emphasized that sexual urges are a result of individual actions and are not normative or automatic. It suggested a ‘duty/obligation-based approach’ to address these issues and outlined specific duties for adolescent females and males.
Duties of Adolescent Females
The court proposed the following duties for adolescent females:
- Protect their right to the integrity of their body.
- Safeguard their dignity and self-worth.
- Strive for overall personal development, transcending gender barriers.
- Exercise control over sexual urges, as society perceives them negatively when indulging in brief sexual pleasure.
- Preserve their right to bodily autonomy and privacy.
Duties for Adolescent Males
Regarding adolescent boys, the court emphasized that it is their duty to respect the duties of young girls and women. They should train their minds to respect women, acknowledge their self-worth, dignity, privacy, and the right to bodily autonomy.
Importance of Sex Education and Parental Guidance
The Calcutta High Court underscored the importance of educating adolescents about sexuality and guiding them in making responsible choices. It stated that parents should be the first teachers in this regard, ensuring that children, especially girls, can recognize and respond to inappropriate advances and situations.
The court also stressed that boys should be educated on respecting women, maintaining their dignity, safeguarding women’s bodily integrity, and establishing relationships without being driven by sexual urges. It emphasized that an atmosphere conducive to understanding and respecting gender boundaries should be maintained in every household.
The judgment called for sex education with an emphasis on reproductive health and hygiene to be integrated into the curriculum of every school.
In this significant decision, the Calcutta High Court seeks to address issues surrounding adolescent sexual behavior, emphasizing the need for comprehensive sex education, parental guidance, and respect for individual autonomy and dignity.
