'Judges Expected Not To Preach': SC On Calcutta HC's 'Girls Should Avoid 2 Minutes Of Pleasure' Advisory

The Supreme Court called the directions of Calcutta High Court violative of Article 21 of the Consitution.

The Supreme Court on Friday rapped the Calcutta High Court over the observation for girls to control their "sexual urge" and said the judges are not expected to express their "personal views or preach". The top court called the directions "unwarranted" and against Article 21 of the Constitution. According to the Bar and Bench, the top court said the observations made by the Calcutta High Court "are completely in violation of the rights of adolescents under Article 21 of the Constitution".

"Prima facie, we are of the view that, the Hon'ble judges are not expected to express their personal views or preach", the Court said.

The apex court was hearing a suo motu action against a Calcutta High Court judgment which observed, "every female adolescent should control sexual urge as in eyes of society she will be a loser when she gives in to enjoy sexual pleasure of hardly two minutes."

"Sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, maybe a man or woman. Therefore, sexual urge is not at all normal and normative. If we stop some action(s), arousal of sexual urge, as advocated in our discussion supra, ceases to be normal," the Calcutta High Court said, according to Bar and Bench.

The Supreme Court has issued notices to the State and other parties and also appointed senior advocate Madhavi Divan amicus curiae. It also asked advocate Liz Mathew to assist the amicus.

 

What Calcutta HC Said In Observations

Here are the lists of duties the Calcutta high court suggested to adolescents:

For Adolescent Females: The court said it is their duty to:

• Control sexual urges as in the eyes of society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.


• Protect her dignity and her right to integrity of the body.


• Protect her self-worth.


• Thrive for her overall development and self-transcending gender barriers.


• Protect the right to autonomy of her body and privacy.

For adolescent males: The court said,

• It is the duty of a male adolescent to respect the aforesaid duties of a young girl or woman and he should train his mind to respect a woman, her self worth, her dignity and privacy, and right to autonomy of her body.