Supreme Court Quashes High Court Verdict Advising Young Girls To “Control Sexual Urges”

New Delhi: In a major move, the Supreme Court on Tuesday dismissed the controversial order of the Calcutta High Court in 2023 that asked adolescent girls to control their sexual urge. The apex court also restored the conviction under rape charges against a man accused of sexually assaulting a minor and later marrying her.

A bench of the Supreme Court headed by Justice AS Oka said that the matter ought to have been sent to the Juvenile Justice Board as the Juvenile Justice Act had several provisions to look after the victim till she turned 21.

Faced with a situation where the victim girl chose to stay with the accused, the bench ordered the setting up of an independent committee of experts, including one from the Tata Institute of Social Sciences, to ascertain the wish of the victim whether she intended to continue with the accused or was willing to be rehabilitated.

The court directed West Bengal to give details to the committee on the income and accommodation they would provide the victim and the child if she decides not to reside with the accused. The court will announce the sentence against the accused once the committee submits its report.

The apex court also asked states to enforce provisions under Protection of Children from Sexual Offences Act 2012 (POCSO) and Juvenile Justice (Care and Protection of Children) Act, 2015.

The judgment of Calcutta High Court on October 18, 2023, said it was the “duty or obligation of every female adolescent to protect her right to integrity of her body, dignity and self-worth, control sexual urge as in the eyes of the society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes and protect her right to autonomy of her body and her privacy”.

The top court had earlier stayed the observations contained in the judgment. The West Bengal government too had appealed against the judgment.

The bench said the 14-year-old had no choice as her family did not let her decide, and she had to go back to the accused. The court observed that the HC failed to carry out any counseling of the girl or engage an expert social scientist body like TISS to ascertain her free will.