NEW DELHI: The Supreme Court on Friday lashed out at the Calcutta High Court over its remark that adolescent girls must control their sexual urges instead of giving in to two minutes of pleasure.
A bench of Justices Abhay S Oka and Pankaj Mithal said the judges are not expected to express their personal views or preach. The apex court also said that some parts of the judgement issued by the Calcutta High Court were highly objectionable and completely unwarranted.
"In an appeal against conviction, the High Court was called upon to decide only the merits of the appeal and nothing else. Prima facie, we are of the view that, in such a case, the judges are not expected to either express their personal views or preach," the Court observed.
"The observations are completely in violation of the rights of adolescents under Article 21 of the Constitution, says Supreme Court," it added.
The apex court took suo motu cognisance of the High Court judgment and issued notice to the State government and others.
The state government sought time to apprise the bench whether an appeal would be filed against the verdict.
A division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen of the High Court had advised young girls and boys to rein in sexual urges while acquitting a man who was convicted of raping a minor girl with whom he had a 'romantic affair'.
The High Court had voiced concerns over the Protection of Children from Sexual Offences Act (POCSO Act) conflating consensual acts among adolescents with sexual abuse and hence called for decriminalising consensual sexual acts involving adolescents above 16 years.
The bench had opined that sexual urge is created by our actions.