Supreme Court Takes Suo Motu Cognizance of Calcutta High Court’s Remarks on Adolescent Sexual Urges

Supreme Court LAW INSIDER

LI Network

Published on: December 08, 2023 at 12:10 IST

The Supreme Court has taken suo motu cognizance of an October order from the Calcutta High Court, where the latter advised adolescent girls to control their sexual urges. The matter is set to be heard by a bench of Justices Abhay S Oka and Pankaj Mithal on Friday.

The Calcutta High Court, in a detailed judgment, had suggested a ‘duty/obligation-based approach’ to address the issue of sexual urges in adolescents.

The court expressed concerns over the Protection of Children from Sexual Offences Act (POCSO Act) treating consensual acts among adolescents as sexual abuse and called for decriminalizing consensual sexual acts involving adolescents above 16 years.

In its judgment, the High Court explained that sexual urges are created by individual actions and proposed duties for both adolescent females and males.

It highlighted the duty of adolescent females to protect their right to bodily integrity, dignity, and self-worth. The court also emphasized the importance of controlling sexual urges to avoid societal judgment.

For adolescent boys, the High Court emphasized the duty to respect the obligations and rights of young girls and women, including their dignity, self-worth, and privacy.

The court underscored the need for guiding and educating adolescents on sexuality issues, suggesting that parents be the first teachers and advocating for comprehensive sex education in school curricula.

The Supreme Court’s suo motu cognisance indicates a closer examination of the Calcutta High Court’s stance on adolescent sexual behavior, which has sparked discussions on the intersection of legal, ethical, and societal perspectives on the matter.

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