SC sets aside Calcutta HC verdict advising adolescent girls to control sexual urges

In a significant ruling on Tuesday, August 20, the Supreme Court of India overturned a controversial verdict by the Calcutta High Court that had acquitted a man previously convicted of sexual assault. The High Court's decision, which included contentious remarks advising adolescent girls to "control sexual urges," was met with widespread criticism and has now been set aside by the apex court.

The Supreme Court, in its judgment, reinstated the conviction of the accused under Section 376 of the Indian Penal Code (IPC), which pertains to rape. The two-judge bench, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, emphasized the importance of judiciously crafting judgments in cases involving adolescents. "We have set aside the judgment and restored the conviction. We have provided specific guidelines on how judgments in such sensitive cases should be written. All inappropriate observations made by the High Court have been expunged," the bench declared.

In addition to restoring the conviction, the Supreme Court underscored the necessity of referring cases involving minors to the Juvenile Justice Board (JJB). The court pointed out that the Juvenile Justice (JJ) Act offers comprehensive provisions to ensure the well-being and future of children until they reach the age of 21.

The apex court also directed state governments to enforce provisions from Section 19(6) of the Protection of Children from Sexual Offences (POCSO) Act in conjunction with Sections 30 to 43 of the JJ Act. To further safeguard the interests of minors, the court has established a committee of experts tasked with assisting children in making informed decisions regarding their futures.

This ruling follows a May hearing where the Supreme Court reserved its judgment after considering arguments from all parties involved. The case dates back to October 18 when the Calcutta High Court, while acquitting the accused, controversially advised young individuals to manage their sexual impulses—a statement that has now been officially repudiated by the nation's highest court.