Sexual Assault: SC Sets Aside Cal HC Order That Advised Girls to ‘Control Sexual Urges’

New Delhi: The Supreme Court on Tuesday set aside a Calcutta High Court order that acquitted the accused in a sexual assault case. In its observation, the HC had advised adolescent girls to ‘control sexual urges.’ On December 8, the apex court had termed the HC verdict as ‘highly objectionable’ and ‘completely unwarranted.’

A bench of justices Abhay S Oka and Ujjal Bhuyan were hearing the case.  The court observed that
it passed several directions for the authorities on dealing cases under the Protection of Children from Sexual Offences Act (POCSO). Justice Ok said directions were issued on how the judgements should be written by the courts.

‘Judges not expected to preach while writing judgements’

The apex court had taken cognizance of the observations made by a division bench of the high court and initiated a writ petition on its own. It observed that judges were not expected to “preach” while writing judgements. The West Bengal government had also challenged the HC order, which was passed on October 18, 2023 verdict.

What was the ‘objectionable’ observation by HC?

The HC had observed that adolescent girls should ‘control sexual 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,’ reported the PTI. The court had observed this while hearing an appeal by a man, who was awarded a 20-year jail term for sexual assault. The HC had acquitted the accused stating that he was in a consensual relationship with the complainant. “The high court had said it is the duty/obligation of every female adolescent to “protect her right to the integrity of her body; protect her dignity and self-worth; thrive for the overall development of herself transcending gender barriers,” reported the PTI.