Supreme Court Overrules Calcutta High Court; Strikes Down Controversial Order on Girls ‘Controlling’ Sexual Urges

Supreme Court Rejects Calcutta High Court's Directive on Girls 'Controlling' Sexual Urges

Supreme Court of India

Supreme Court on Calcutta High Court: In a landmark decision, the Calcutta High Court’s controversial ruling that girls should “control” their sexual impulses in order to preserve their bodily integrity was overruled by the Supreme Court. In addition to overturning this decision, the Supreme Court’s decision reinstated the conviction of a man who had been earlier cleared by the High Court in a case involving the rape of a young girl.

Supreme Court’s Reprimand of Calcutta High Court’s Judgment

The Calcutta High Court’s ruling, which advised teenage girls to restrain their sexual impulses and cautioned them against engaging in sexual activity, was strongly disapproved of by the Supreme Court. This ruling, which also suggested decriminalizing consensual sexual acts for adolescents above 16, was deemed unacceptable by the Supreme Court.

Guidelines for Future Judgments

A bench led by Justice AS Oka has mandated new guidelines for judges handling cases involving adolescents. The Supreme Court emphasized the need for heightened sensitivity and caution in such cases, aiming to prevent similar controversial rulings in the future.

Reinstatement of Conviction

The Supreme Court also overturned the Calcutta High Court’s acquittal of a man convicted of raping a minor with whom he had a “romantic affair.” The Court upheld the original conviction and decided that a committee of experts would determine the appropriate punishment for the offender.

Court’s Criticism of Earlier Ruling

The Supreme Court had previously criticized the Calcutta High Court’s approach, labeling it “absolutely wrong.” The Court questioned the principles invoked in the High Court’s ruling and condemned its findings, highlighting the need for a more equitable and just approach in judicial decisions.

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