Supreme Court dismisses Calcutta HC order asking adolescent girls to control their sexual urges

The apex court heard a suo motu case titled “In Re: Right to Privacy of Adolescents,” which was initiated after the controversial remarks by the high court last year.

A Supreme Court bench consisting of Justices Abhay S Oka and Ujjal Bhuyan set aside the high court's judgment asking girls to control their sexual urges and acquitting a 25-year-old man for engaging in sexual activities with a minor girl.

The apex court said these observations are "shocking" and perverse.

"The high court went to the extent of observing that the case of criminalisation of a romantic relationship between two adolescents of opposite sex should be best left to the wisdom of the judiciary. The courts must follow and implement the law. The courts cannot commit violence against the law," the bench said.

The bench said guidelines have been issued regarding how to write judgements, especially in cases of sensitive nature.

"We need not waste pages dealing with every observation or finding quoted above. The observations are utterly irrelevant for deciding the controversy. To say the least, these observations are shocking, which will ex-facie invite a finding of perversity," the bench said in its 50-page verdict.

Justice Oka said that the conviction of the accused has been restored under Section 6 of the POCSO Act, Sections 376(3) and 376(2)(n) of the Indian Penal Code.

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An expert panel has also been constituted to help the victim in the case make informed decisions, the top court said on Tuesday.

The ruling comes at a time when severe protests and demonstrations are sweeping the nation following the rape and murder of a PG trainee doctor in Kolkata's state-run RG Kar Medical College and Hospital.