7 Dec 2023 4:31 PM GMT
The Supreme Court has taken suo motu cognizance of a Calcutta High Court judgment which observed, "every female adolescent should control sexual urge as in the eyes of the society she will be the looser when she gives in to enjoy the sexual pleasure of hardly two minutes."
A bench comprising Justices Abhay S Oka and Pankaj Mithal will consider the suo motu case against this judgment tomorrow. The matter is title "In Re : Right to Privacy of Adolescent". Previously, the Supreme Court had suo motu stayed an Allahabad High Court direction for the examination of the horoscope of a woman to ascertain if she was a "mangalik".
The High Court made the observations while acquitting young boy, who had been sentenced to 20 years in prison under the POCSO ACt for engaging in sexual relations with a his romantic partner, who was a minor.
In the judgment, the bench of Justices Chitta Ranjan Dash & Partha Sarathi Sen issued certain advisories to adolescents as :
It is the duty/obligation of every female adolescent to:
(i) Protect her right to integrity of her body.
(ii) Protect her dignity and self-worth.
(iii) Thrive for overall development of her self-transcending gender barriers.
(iv) 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.
(v) Protect her right to autonomy of her body and her privacy.
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 & privacy, and right to autonomy of her body.
The Court further delved into the biological explanation for sexual urges in adolescent men and women, and observed that while the existence of libido in one's body is natural, the respective glands only become active by stimulation, leading to a sexual urge.
Bench noted that sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, may be a man or woman. Therefore, sexual urge is not at all normal and normative.