SC overturns Calcutta HC verdict, slams remarks on girls' 'sexual urges'

Supreme Court set aside Calcutta High Court's controversial ruling advising girls to control 'sexual urges' and restored conviction in Pocso rape case

The Supreme Court on Tuesday set aside a controversial judgment by the Calcutta High Court, which had acquitted a man accused of raping a minor girl and made objectionable remarks advising adolescent girls to “control their sexual urges”. The apex court reinstated the conviction of the accused under the Protection of Children from Sexual Offences (POCSO) Act.

Background of case and High Court ruling

The case involved a man who had been previously sentenced to 20 years in prison for sexually assaulting a minor with whom he allegedly had a ‘romantic affair”. The Calcutta High Court, in a 2023 ruling, acquitted the accused while making controversial observations that adolescent girls should control their sexual desires, suggesting that giving in to such urges would result in them being seen as ‘losers’ by society.

 

The West Bengal government had appealed against the High Court’s verdict, leading to the Supreme Court’s intervention. The apex court had earlier taken suo motu cognizance of the matter and criticised the High Court’s approach, questioning the validity of the acquittal.

The Supreme Court restored the man’s conviction under Section 6 of the POCSO Act, along with Sections 376(3) and 376(2)(n) of the IPC.

Calcutta HC observation irrelevant and inappropriate: SC

The Supreme Court expressed strong disapproval of these statements, describing them as “highly objectionable and completely unwarranted.” The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, emphasised that judges should base their decisions on the law and facts, rather than expressing personal opinions or “preaching” in their judgments.

The court noted that the High Court’s observations were not only irrelevant but also inappropriate in the context of the legal proceedings.

The Supreme Court’s judgment also highlighted the problematic trend of ‘victim-shaming’ and ‘stereotyping’ in judicial proceedings, stressing that the exercise of individual rights should not be conditional on fulfilling socially defined duties, particularly for women.

SC issues guidelines for POCSO, committee to help victim

In its ruling, the Supreme Court also issued comprehensive guidelines for the proper application of the POCSO Act and emphasised the need for judges to adhere strictly to legal principles while drafting their judgments.

The top court also constituted a committee of experts to assist the victim in making informed decisions about her future.