SC sets aside Calcutta HC’s verdict on ‘control sexual urge’ advice to girls

Tribune News Service

New Delhi, August 20

The Supreme Court on Tuesday set aside the Calcutta High Court’s judgment in which it advised adolescent girls to control their sexual urge and acquitted a 20-year-old man accused under the Protection of Children from Sexual Offences (POCSO) Act for indulging in sexual activity with a minor girl.

“We hold that the accused is guilty of the offences punishable under sub-sections (2)(n) and (3) of Section 376 of the IPC and Section 6 of the POCSO Act. The issue regarding sentencing will be considered after the expert committee’s report is received,” a Bench of Justice AS Oka and Justice Ujjal Bhuyan said, restoring the conviction of the accused.

It directed the West Bengal Government to constitute within three weeks a committee of three experts, including a clinical psychologist and a social scientist, and said the state government may take the assistance of NIMHANS or TISS for constituting the committee and a child welfare officer shall be appointed to assist the committee as its coordinator and secretary.

Asking the committee’s coordinator to submit a report in a sealed cover to it by October 18, the Bench posted the matter for sentencing on October 21 at 3 pm.

It also directed its Registry to forward copies of this judgment to the Secretaries of Law and/or Justice Departments of all states and Union Territories who shall convene meetings of the Secretaries of the departments concerned and other senior officials for framing rules by the states to give effect to the provisions of Section 46 of the Juvenile Justice Act.

In its 2023 judgment, the Calcutta High Court had made certain “objectionable” observations advising adolescent girls to “control sexual urges” and had acquitted the man accused of sexually assaulting a minor girl.

Taking strong exception to the Calcutta High Court’s advice to adolescent girls, the Supreme Court had on December 8, 2023 termed it as “highly objectionable and completely unwarranted” and asked judges not to preach. “Prima facie, we are of the view that the judges are not expected to express personal views or preach,” the Bench had said while taking suo motu cognisance of the matter due to “sweeping observations” made in the October 18, 2023 order of the high court.