NEW DELHI: Strongly disapproving sweeping observations made by Calcutta high court that adolescent girls must control their sexual urges instead of giving in to two minutes of pleasure while deciding a criminal appeal, the Supreme Court took suo motu cognisance of the controversial order and said judges are to decide the case on the basis of law and facts, and not to preach during judicial proceedings.
A bench of Justices Abhay S Oka and Pankaj Mithal said that the HC’s observation was uncalled for and also questioned the validity of its order for acquitting accused who was booked under IPC and Pocso Act as no reason was given by the high court for acquittal
“In an appeal against conviction, the HC was called upon to decide only the merits of the appeal and nothing else. Prima facie, we are of the view that, in such a case, the Hon’ble judges are not expected to either express their personal views or preach. After having carefully perused the judgment, we find that many parts thereof, including para 30.3, are highly objectionable and completely unwarranted, The said observations are completely in violation of rights of adolescents under Article 21 of the Constitution.,” the bench said.
The court issued notice to the victim, the accused and West Bengal government and directed its registry to secure the soft copy of the controversial judgment from Calcutta HC and place before the bench on the next date of hearing on January 4. The HC judgment passed on October 18 read , “It is the duty/obligation of every female adolescent to: protect her right to integrity of her body; protect her dignity and self-worth; thrive for overall development of her self transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes; protect her right to autonomy of her body and her privacy.”
In other remarks, it had said, “We do not want our adolescents to do anything that shall push them from the dark to the darker side of life. It is normal for each adolescent to seek the company of the opposite sex, but it is not normal for them to engage in sex devoid of any commitment and dedication.
A bench of Justices Abhay S Oka and Pankaj Mithal said that the HC’s observation was uncalled for and also questioned the validity of its order for acquitting accused who was booked under IPC and Pocso Act as no reason was given by the high court for acquittal
“In an appeal against conviction, the HC was called upon to decide only the merits of the appeal and nothing else. Prima facie, we are of the view that, in such a case, the Hon’ble judges are not expected to either express their personal views or preach. After having carefully perused the judgment, we find that many parts thereof, including para 30.3, are highly objectionable and completely unwarranted, The said observations are completely in violation of rights of adolescents under Article 21 of the Constitution.,” the bench said.
The court issued notice to the victim, the accused and West Bengal government and directed its registry to secure the soft copy of the controversial judgment from Calcutta HC and place before the bench on the next date of hearing on January 4. The HC judgment passed on October 18 read , “It is the duty/obligation of every female adolescent to: protect her right to integrity of her body; protect her dignity and self-worth; thrive for overall development of her self transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes; protect her right to autonomy of her body and her privacy.”
In other remarks, it had said, “We do not want our adolescents to do anything that shall push them from the dark to the darker side of life. It is normal for each adolescent to seek the company of the opposite sex, but it is not normal for them to engage in sex devoid of any commitment and dedication.