Published On: Fri, Dec 8th, 2023

SC irked at Kolkata HC’s advice to girls for controlling sexual desire

New Delhi: The Supreme Court has expressed displeasure over the Kolkata High Court’s advice to girls suggesting them to control their desire for sex. The SC emphasized that courts should refrain from offering personal opinions or advice while delivering judgments and stated that the High Court’s comments were highly objectionable and unnecessary, constituting a violation of fundamental rights under Article 21.

The court appointed advocate Madhavi Diwan as Amicus Curiae

The court appointed advocate Madhavi Diwan as Amicus Curiae and sought clarification from the state government if they intend to file an appeal against the High Court’s decision. The government’s counsel is directed to inform the court about their stance.

Previously, the Kolkata High Court, in a ruling regarding a case of sexual harassment with a minor, had stated that girls should control their desire for sex and not focus on fleeting pleasures, which the Supreme Court found objectionable. Additionally, the court had advised boys to respect the dignity of girls. The accused boy, after making statements acknowledging consensual sexual relations with the girl, was acquitted of charges related to the POCSO Act.

The High Court had underscored the importance of parental guidance for teenagers and advocated for comprehensive sex education. It stressed the inclusion of topics such as reproductive health, hygiene, and related aspects as essential components in the curriculum of every school.

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