The Supreme Court is set to issue its ruling on August 20 regarding the challenges to a 2023 Calcutta High Court decision that acquitted an accused in a sexual assault case and included “objectionable” comments advising adolescent girls to “control sexual urges.”
On December 8 of last year, the Supreme Court criticized the High Court’s verdict, labeling some of its remarks as “highly objectionable and completely unwarranted.” The apex court had taken note of these comments and initiated a writ petition on its own, emphasizing that judges should not “preach” in their judgments.
A bench consisting of Justices Abhay S. Oka and Ujjal Bhuyan is expected to deliver the verdict on August 20. The decision will address the appeal filed by the West Bengal government against the October 18, 2023, High Court ruling, as well as the suo motu petition initiated by the Supreme Court.
The High Court had made the controversial comments while hearing an appeal from a man sentenced to 20 years for sexual assault, eventually acquitting him. In its judgment, the High Court suggested that female adolescents should “control sexual urges” as society perceives them as “losers” when they succumb to such desires.
During the January 4 hearing, the Supreme Court noted that certain paragraphs of the High Court’s verdict were “problematic” and criticized the judgment’s approach as “absolutely wrong.”
In its December 8, 2023 order, the Supreme Court highlighted that the High Court’s observations were “completely in violation of the rights of adolescents guaranteed under Article 21 of the Constitution of India.” The apex court noted that the High Court was only required to assess the legality and validity of a prior judgment convicting the accused under sections 363 and 366 of the Indian Penal Code, as well as section 6 of the Protection of Children from Sexual Offences Act.
The Supreme Court stressed that the High Court’s role was to adjudicate the merits of the appeal without delving into unrelated issues, asserting that judges should refrain from expressing personal views in such judgments.
(With inputs from Agency)
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