Top Court Dismisses High Court Verdict Advising Girls To “Control Sexual Urges”
On Tuesday, the Supreme Court of India set aside the controversial judgement passed in October last year by the Calcutta High Court, where it acquitted an accused in a sexual assault case and advised girls to “control their sexual urges.”
Condemning the remarks as “shocking” and “perverse,” the top court restored the conviction of the accused for rape and sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. In October last year, the Calcutta High Court acquitted a 25-year-old man of raping a minor. Consisting of Justices Chitta Ranjan Dash and Partha Sarathi Sen, the bench stated that it was the “duty/obligation of every female adolescent to 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.”
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The high court bench further said that the sexual urge is “not at all normal and normative.” Observing such statements, the top court advised that a judge has to decide a case and not preach or pass their personal opinions while passing judgements.
The apex court also said that it was the responsibility of the state to take care of survivors and their children born of such grievous crimes, especially when their parents abandon them. The survivor, who is now married to the accused, is residing with him with her minor daughter. The court held that the right to live a dignified life is a crucial part of the fundamental right under Article 21 of the constitution.
Comprising Justices Abhay S. Oka and Ujjal Bhuyan, the Supreme Court heard a suo motu case that was initiated after the October judgement by the high court.
“Sadly, in the present case, there is a complete failure of the state machinery. Nobody came to rescue the victim of the offence, and thus, for her survival, no option was left to her but to seek shelter with the accused,” observed the bench.
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Emphasising the rehabilitation of the survivors of such offences under the POCSO Act, the bench directed the state government to constitute a committee of experts, including a clinical psychologist and a social scientist, within three weeks to interact with the survivor and help her make informed choices about where she wants to live – with the accused and his family or avail the benefits provided by the West Bengal government.
The Supreme Court further asked the committee to submit a report in sealed cover by October 18 with details of its discussions with the victim along with the panel’s recommendations. A hearing has been scheduled for October 21 to hear the panel’s report and the sentencing of the accused.
