SC overturns Calcutta HC ruling asking girls to ‘control sexual urges’

The Supreme Court on Monday overturned a 2023 Calcutta High Court ruling that controversially advised adolescent girls to "control sexual urges" while addressing cases of sexual assault.

The decision was made by a two-judge bench consisting of Justices A S Oka and Ujjal Bhuyan, who reinstated the conviction of the accused under the Protection of Children from Sexual Offences (Pocso) Act and the Indian Penal Code (IPC).

The Supreme Court had taken up the case on its own initiative, invoking Article 32 of the Constitution, in response to broad and potentially harmful observations made by the Calcutta High Court in its ruling. The High Court had made these remarks while acquitting a man accused of kidnapping and sexually assaulting a young girl, which sparked significant legal and public concern.

In addition to overturning the High Court's judgement, the Supreme Court issued directives to state governments to ensure the implementation of specific provisions of the Pocso Act and the Juvenile Justice Act.

These include Section 19 (6) of the Pocso Act, which relates to the protection of children from sexual offences, and Sections 30 to 43 of the Juvenile Justice Act, which covers various aspects of child protection and juvenile justice.

The trial court had originally convicted the accused under several sections of the IPC, including Section 363 for kidnapping and Section 366 for inducing a woman to marry against her will, as well as under Section 6 of the Pocso Act for sexual assault.