Supreme Court Slams Calcutta HC for Advising Girls to Suppress Sexual Urges
The Supreme Court of India has criticized the Calcutta High Court’s controversial remarks suggesting that adolescent girls should control their sexual urges instead of succumbing to two minutes of pleasure. The apex court deemed these observations as inappropriate and problematic, stating that they send the wrong message and violate the constitutional rights of adolescents.
Responding to the backlash, the West Bengal government has filed an appeal against the judgment, and the Supreme Court has decided to combine its suo motu proceedings with the state’s appeal to adjudicate the matter. The bench of Justices Abhay S Oka and Ujjal Bhuyan also highlighted that the High Court wrongly invoked Section 482 of the Criminal Procedure Code and adjourned the hearing.
Section 482 provides inherent powers to High Courts to make such orders as may be necessary to prevent abuse of the process of any court or to secure the ends of justice. However, the Supreme Court questioned the application and principles employed by the High Court judges under this section.
The Supreme Court had taken suo motu cognizance of the case and on December 8, asserted that judges must base their decisions on law and facts, rather than engaging in personal preaching during judicial proceedings. The apex court also raised concerns about the validity of the High Court’s order acquitting the accused who was charged under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offenses (POCSO) Act.
In an appeal against conviction, the High Court was only required to assess the merits of the appeal and nothing more. Prima facie, we believe that in such cases, judges should not express personal views or engage in preaching. After carefully reviewing the judgment, including paragraph 30.3, we find many parts objectionable and entirely unwarranted. These statements violate the rights of adolescents guaranteed under Article 21 of the Constitution, emphasized the bench.
The Supreme Court’s criticism addresses serious concerns surrounding the inappropriate remarks made by the Calcutta High Court and seeks to ensure the protection of the rights and dignity of young girls. The issue will now be thoroughly examined and concluded as the Supreme Court combines its suo motu proceedings with the West Bengal government’s appeal.
This development highlights the importance of upholding legal and ethical standards in judicial proceedings, preventing the abuse of power, and recognizing the rights of all individuals, especially vulnerable sections of society. The Supreme Court’s intervention safeguards the principles of justice and equality enshrined in India’s Constitution, while the focus remains on protecting and empowering adolescents against any form of abuse or discrimination.
As this important case unfolds in the country’s highest court, the eyes of the nation remain fixed on the outcome, anticipating a fair and just resolution that preserves the rights and well-being of adolescent girls across India.
