The Supreme Court on Thursday directed the West Bengal government to devise institutional protection and counselling for the POSCO accused and survivor in case where the court had taken suo motu cognisance of objectionable remarks made by the Calcutta High Court judgment. In December 2023, the Supreme Court took suo motu cognisance of a Calcutta High Court judgment which said, "every female adolescent should control sexual urge as in the eyes of the society she will be the loser when she gives in to enjoy the sexual pleasure of hardly two minutes."
A bench comprising Justices Abhay S Oka and Pankaj Mithal while hearing the case observed that if the court had not taken cognisance of the objectionable remarks by high court, other errors in the order would have likely gone unnoticed.
The case titled "Right to Privacy of Adolescent," made headlines last year after the top court took cognisance of the controversial observations made by a Calcutta High Court bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen.
While acquitting a 20-year-old boy who had been sentenced in prison under the POCSO Act for engaging in sexual relations with a his romantic partner, who was a minor, the high court issued "advisories" to adolescents on their duties.
"It is the duty/obligation of every female adolescent to:
(i) Protect her right to integrity of her body.
(ii) Protect her dignity and self-worth.
(iii) Thrive for overall development of her self-transcending gender barriers.
(iv) 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.
(v) Protect her right to autonomy of her body and her privacy."
The court order also laid down the duties of a male adolescent to respect the aforesaid duties of a young girl and he should train his mind to respect a woman, her self-worth, her dignity & privacy, and right to autonomy of her body.
The court order also stated that sex in adolescents is normal but sexual urge or arousal of such urge depends on some action by the individual, may be a man or woman. And thus, sexual urges are not at all normal and normative.