LI Network
Published on: January 5, 2024 at 00:51 IST
The Supreme Court criticized a Calcutta High Court ruling advising adolescent girls to control their sexual urges, deeming the remarks as “absolutely wrong” and in violation of constitutional rights.
These observations surfaced during an appeal in a sexual assault case involving young adults, prompting the Supreme Court to initiate suo motu action titled ‘In Re: Right to Privacy of Adolescent’. Justices Abhay S Oka and Ujjal Bhuyan are overseeing this matter.
The Supreme Court found the Calcutta High Court’s remarks highly objectionable, stating they went beyond the appeal’s scope and violated Article 21 rights of adolescents.
The bench, while appointing Senior Advocate Madhavi Divan as amicus curiae, criticized the court’s judgment for expressing personal views and issuing unwarranted advisories. The state government’s appeal against the judgment will be heard along with the suo motu petition.
During the hearing, the Court highlighted various problematic aspects of the High Court’s ruling, emphasizing the necessity to adhere to statutory provisions.
The controversial judgment overturning the conviction of a 25-year-old accused of sexual assault sparked controversy due to its directives regarding adolescent behavior and sexual urges. The Supreme Court will further deliberate on this matter next week.
The High Court’s judgment outlined specific duties for adolescent boys and girls, urging them to control sexual urges and emphasizing individual actions regarding sexual behavior.
The Supreme Court’s suo motu action underscores concerns about judicial pronouncements affecting individual rights, similar to its previous action against an Allahabad High Court order examining a woman’s horoscope.
