Supreme Court Sets Aside Calcutta High Court Judgement Containing Controversial Remarks About Adolescent Sexual Behavior

The Supreme Court delivered its judgement in a suo motu case titled 'In Re: Right to Privacy of Adolescents,' which was being initiated over the controversial remarks made by the Calcutta High Court in a judgment delivered dated October 18, 2023.

- 

The bench comprising of Justice Abhay S Oka and Justice Ujjal Bhuyan in the case observed and has set aside the judgement of High Court and its controversial remarks such as adolescent girls should control their sexual urges.

The High Court in the case acquitted a young man aged 20 years who engaged in sexual activity with a minor girl.

The bench headed by Justice Oka stated that the guidelines have been issued regarding how to write judgments.

The bench headed by Justice Oka stated that the conviction of the accused under Section 6 of the POCSO Act, Section 376(3) and Section 376(2)(n) I.P.C have been restored.

Further, the bench of Justice Oka also stated that the directions have issued to the States to implement provisions as stated under Section 19 (6) of POCSO Act along with Section 30 to Section 43 of the Juvenile Justice Act.

The bench of Justice Oka also stated that a committee of experts have been constituted to help the victim in the case to take an informed choice.

The High Court while overturning the conviction of a 25-year-old man under the Protection of Children from Sexual Offences Act, POSCO Act 2012 made sweeping observations on the sexual behaviour of adolescents, particularly teenage girls.

The High Court in its impugned judgement exercised its power under section 482, inherent powers to secure the ends of justice of the Code of Criminal Procedure, CrPC after noting that the lack of recognition of consensual sexual behaviour of older adolescents has resulted in their automatic criminalisation, as well as 'a conflation of consensual acts with non-consensual acts'.

The High Court in the case also considered the fact that the victim married the convict and that a child was born in the relationship.