Calcutta High Court emphasized the importance of self-control for adolescent girls 

In a recent decision, the Calcutta High Court emphasized the importance of self-control for adolescent girls and the need for adolescent boys to respect young girls and women, along with their dignity and bodily autonomy. The court acquitted a youth who had been convicted of raping a minor girl with whom he had a ‘romantic affair.’

The Calcutta High Court expressed reservations regarding the Protection of Children from Sexual Offences Act (POCSO Act) treating consensual activities among adolescents as sexual abuse, and therefore, it advocated for the decriminalization of consensual sexual interactions involving adolescents aged 16 and above. Additionally, the Court urged the implementation of comprehensive rights-based sexual education for adolescents to prevent legal complexities stemming from early-age sexual relationships.

Self-Control for Adolescent Background

In its comprehensive ruling, the Court elucidated the factors behind sexual urges and underscored the significance of managing and controlling them.

The Calcutta High Court clarified that the principal androgenic steroid is testosterone, predominantly produced by the testes in males and ovaries in females, with lesser quantities originating from the adrenal glands in both sexes. The regulation of testosterone levels is chiefly overseen by the hypothalamus and pituitary gland, and it plays a substantial role in instigating sexual urges and libido in men. The existence of testosterone in the body means that when the corresponding gland is stimulated, it elicits sexual desire.

The Court further explained that the activation of the responsible gland is not automatic; it requires stimulation, which can be induced through sight, hearing, reading erotic materials, and engaging in conversations with individuals of the opposite sex.

The bench expressed the view that sexual urges are a result of an individual’s actions.

“Sexual engagement among adolescents is commonly accepted as normal, yet the emergence of sexual desires is intricately linked to individual actions, whether male or female. Hence, sexual urges may not be perceived as entirely inherent or standard. As our prior discourse suggests, if specific actions are halted, the provocation of sexual desires ceases to be a typical phenomenon,” the judgment explained.
Therefore, the bench recommended adopting a ‘duty/obligation-based approach’ to address the matter and put forth specific responsibilities for both adolescent females and males.

The Calcutta High Court recommended the following obligations for adolescent females:

1. Safeguard their right to bodily integrity.
2. Preserve their dignity and self-esteem.
3. Strive for their holistic personal development, transcending gender limitations.
4. Exercise restraint over sexual urges, as societal perceptions may label them adversely when pursuing fleeting moments of sexual pleasure.
5. Safeguard their rights to bodily autonomy and personal privacy.

The Court stated that adolescent boys have the responsibility to:

The Court underscored the imperative for male adolescents to embrace the outlined responsibilities towards young girls and women. They should cultivate a mindset that highly regards a woman’s self-esteem, dignity, privacy, and rightful autonomy over her body.
Furthermore, the Court placed significant importance on educating and guiding adolescents on matters pertaining to sexuality. In this context, the bench highlighted that parents should serve as the primary source of such education.

Also Read –Delhi High Court bans Indian firms from using Japan Patent Office logo

Analysis of Self-Control for Adolescent

“We, therefore, believe that parental guidance and education, particularly for girls, to help them identify inappropriate physical contact, warning signs, unwelcome advances, and negative influences are essential. The Calcutta High Court will be the allowed This education should also include a focus on their health and reproductive system, encouraging them to refrain from engaging in sexual activity at an age not permitted by law,” the bench observed.

Similarly, when it comes to boys, parental guidance and education should encompass the following aspects: teaching them how to respect women, how to uphold a woman’s dignity, how to safeguard a woman’s bodily integrity, and how to form friendships with women without being driven by sexual urges, even in the face of advances from the other side, until they are capable of establishing a family.

“The family environment in which a child grows up should foster a setting where no child is raised with the belief that it is acceptable to mistreat women. It is crucial to recognize that abuse is not confined solely to girls, as boys are also vulnerable in today’s world,” the bench emphasized.

In addition to parental guidance, the Court recommended that essential sex education, with a particular focus on these aspects, as well as reproductive health and hygiene, should be integrated into the curriculum of every school.

Read Judgement

Facebook