Last Updated on January 5, 2024 by News Desk
Issue:- The suo moto case was initiated and being heard by the SC, in the wake of the ruling that was given by the Calcutta HC whereby it called for the adolescent girls to “control” their sexual urges instead of giving in two minutes of pleasure.
Background:- The HC had raised concerns over POCSO conflating consensual acts among adolescents with sexual abuse and had also called for the decriminalization of the consensual sexual acts that involved adolescents above the age of 16.
It observed that comprehensive right-based sexual education to adolescents so that the legal complications that arise from sexual relations at a young age can be avoided.
While the adolescent girls were told to control their sexual urges, the boys on the other hand were asked to respect the duties of the young girls or women and train their minds to respect women, their self-worth, and dignity.
Observation:- The SC opined that the comments made by the High Court were sweeping, objectionable, irrelevant, preachy, and unwarranted.
The bench of Justices Abhay S. Oka and Ujjal Bhuyan also raised concerns about how the judges were invoking their inherent powers under section 482 of the CrPC while making such observations.
“The order sends wrong signals. What kind of principles the judges are applying under Section 482″
Supreme Court of India
Conclusion:- The SC concluded with remarks as to where these concepts come from and expressed their willingness to address the issue.
Case Title:- In Re: Right to Privacy of Adolescent
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
