Supreme Court sets aside Calcutta High Court order asking girls to control sexual urges

New Delhi: The Supreme Court has overturned a controversial judgment by the Calcutta High Court, which advised teenagers to control their sexual desires. The Supreme Court disagreed with the High Court’s stance and took cognizance of the case. The High Court had acquitted an accused of raping a minor, a decision that contradicted an earlier lower court ruling that had convicted and sentenced the accused.

In a ruling on October 18, 2023, regarding the rape of a minor, the Calcutta High Court stated that teenagers should “control their sexual urges.” The court remarked that indulging in such behavior for “two minutes of pleasure” leads to social condemnation. The High Court had acquitted the accused, claiming the sexual relationship between the accused and the minor was consensual.

The case involved a boy from South 24 Parganas district, West Bengal, who had a sexual relationship with a minor girl. At the time, the girl was under 18 years old. The two later married for love. In September 2022, a district sessions court had convicted and sentenced the boy. The case was then appealed to the Calcutta High Court.

A bench comprising Justices Chittaranjan Das and Parthasarathy Sen delivered the High Court’s verdict, stating that the minors had engaged in consensual sex. The High Court noted, “We should not assume that only girls are victims of abuse; boys can be victims too. Sexual education, emphasizing health and hygiene, should be part of every school curriculum.”

The Supreme Court has now directed that the case be referred to the Juvenile Justice Board under the JJ Act. The court highlighted that guidelines had previously been issued regarding the writing of judgments in such cases. Additionally, a three-member expert committee has been formed to review sentencing duration. The court also directed all states to implement Section 19(6) of the JJ Act.