The Supreme Court on Tuesday canceled the decision of the Calcutta High Court, in which the High Court had advised adolescent girls to control their sexual desires. Along with this, the Supreme Court has overturned the High Court’s decision to acquit the rape accused.
In fact, last year the Supreme Court had objected to the advice given to the girls by the High Court. The Supreme Court had taken suo motu cognizance of this. The bench led by Justice AS Oka has also issued guidelines to the judges on how to deliver judgment in such cases, especially in cases involving teenagers, asking them to exercise special sensitivity and caution.
Justice Oka said that we have reinstated the conviction of the accused under Section 376. The committee will decide on the punishment. We have given instructions to the states. This matter should be sent to the Juvenile Justice Board.
What is the matter?
The Calcutta High Court, while hearing a rape case in 2023, had advised teenage girls that they should control their sexual desires and should not fall prey to two minutes of pleasure. After this comment of the High Court, the Supreme Court took suo motu cognizance of these comments. The Supreme Court had said that judges are not expected to preach while writing judgments. The High Court had acquitted the accused in that case.