SC Slams Calcutta HC's "Objectionable Remarks" On Controlling Sexual Urges, Says Judges Not Expected To "Preach"

The observations were completely in violation of the rights of adolescents under Article 21 of the Constitution

Supreme Court

The Supreme Court has criticised Calcutta High Court's judgement advising young girls to "control sexual urges" and “avoid two minutes of pleasure”, emphasising that judges are not expected to “preach”, PTI reported.

A bench of Justices Abhay S Oka and Pankaj Mithal termed the High Court observations as "highly objectionable and unwarranted" and said the observations were completely in violation of the rights of adolescents under Article 21 of the Constitution.

The Supreme Court had taken suo moto cognizance of the Calcutta High Court's observations on October 18, wherein the HC issued a list of guidelines for adolescent boys and girls urging them to control their sexual urges and also respect the dignity and bodily autonomy of the other gender.

The development came as the court was hearing a teenager's request against his conviction in a rape case who was sentenced to 20 years in prison by a sessions court for having sex with his romantic partner, who reportedly was a minor.

In its judgement, the division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen of the Calcutta High Court had said, "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.”

The bench added it was the duty of young girls to protect the "right to the integrity of her body, dignity and self-worth.”

Whereas for male adolescents the bench had said it was their duty to “respect the aforesaid duties of a young girl or woman, and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and the right to autonomy of her body."

The Supreme Court has asked senior advocate Madhavi Divan to assist it in the case.

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