Supreme Court Overturns Controversial Calcutta HC Ruling Asking Young Girls To 'Control Sexual Urges'

The judgement was delivered by a bench of Justices Abhay S Oka and Ujjal Bhuyan, who set aside Calcutta High Court's ruling.

Following the controversial remarks issued by the High Court in 2023, the top court issued guidelines for judges on how to write judgements in cases involving adolescents.

Justice AS Oka added that judges must file such judgements with special sensitivity and precaution. Apart from this, Sc ovesexual urges supreme court judgementrturned the decision to acquit the man who had been convicted under POCSO for raping a minor girl.

The court added that an expert committee will be formed to decide the course of punishment for the man in the rape case. Along with this, a committee will also be formed to help the victim make an informed choice regarding the case.

On October 18, 2023, the Calcutta High Court acquitted a man convicted of raping a minor girl and called for eh decriminalisation of consensual sexual acts involving adolescents above 16 years.

The man had been convicted under Section 6 of the Protection of Children from Sexual Offences Act (POCSO Act) 2012 and Sections 376(3) and 376(2) of the Indian Penal Code.

While acquitting the man, the Calcutta High Court laid down "duties for adolescent boys and girls" which called on young girls to "control sexual urge/urges as in the eyes of the society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes."

The top court also issued directions to states to implement Section 19 (6) of POCSO Act along with Sections 30 to 43 of the Juvenile Justice Act.