SC sets aside Calcutta HC verdict which advised adolescent girls to control sexual urges
New Delhi (PTI): The Supreme Court on Tuesday set aside an order of the Calcutta High Court in which it acquitted an accused in a sexual assault case and made "objectionable" observations advising adolescent girls to "control sexual urges".
A bench of justices Abhay S Oka and Ujjal Bhuyan said it has passed several directions for the authorities on dealing cases under the Protection of Children from Sexual Offences (POCSO) Act.
Justice Oka, who pronounced the verdict on behalf of the bench, said directions have also been issued on how the judgements should be written by the courts.
The top court had on December 8 last year criticised the verdict and termed as "highly objectionable and completely unwarranted" some observations made by the high court.
The apex court had taken cognisance of some of the observations made by a division bench of the high court and initiated a writ petition on its own, observing that judges are not expected to "preach" while writing judgements.
The West Bengal government had also challenged the October 18, 2023 verdict of the high court in which these “objectionable observations” were made.
In its judgement, the high court had observed that female adolescents should "control sexual urges" as in the "eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes".
The high court had made the observations while hearing an appeal by a man who was awarded a 20-year sentence for sexual assault. The high court had acquitted the man.
While hearing the matter on January 4, the apex court had observed that certain paragraphs in the high court verdict were "problematic" and writing such judgements was "absolutely wrong".
In its order passed on December 8 last year, the apex court referred to certain observations made by the high court and said, "Prima facie, the said observations are completely in violation of the rights of the adolescents guaranteed under Article 21(right to life and personal liberty) of the Constitution of India."
It had observed the issue before the high court was about the legality and validity of the order and judgement dated September 19/20, 2022 by which a man was convicted of offences under sections 363 (kidnapping) and 366 (kidnapping, abducting or inducing woman to compel her marriage) of the Indian Penal Code as well as section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
"As per the order of the Chief Justice of India, suo motu writ petition under Article 32 of the Constitution of India has been initiated mainly due to sweeping observations/findings recorded by the division bench of the high court of Calcutta in the impugned judgment," it had said.
The apex court had said in the appeal against conviction, the high court was called upon to adjudicate only on the merits of the appeal and nothing else.
"But we find that the high court has discussed so many issues which were irrelevant. Prima facie, we are of the view that while writing a judgment in such an appeal, the judges are not expected to express their personal views. They are not expected to preach," it had said.
In its verdict, the high court had acquitted the man stating that it was a case of "non-exploitative consensual sexual relationship between two consenting adolescents, though consent in view of the age of the victim is immaterial".
The high court had said it is the duty/obligation of every female adolescent to "protect her right to the integrity of her body; protect her dignity and self-worth; thrive for the overall development of herself transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes; 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 and privacy, and her right to autonomy of her body," the high court had said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Bihar govt to constitute 100 fast-track courts to expedite disposal of criminal cases: Home min
Patna (PTI): Bihar Home Minister Samrat Choudhary on Sunday announced that the state government will establish 100 fast-track courts (FTCs) to ensure the swift disposal of pending cases.
He said that the move also aims to ease the burden on regular courts for them to accord due attention to sensitive cases.
Choudhary said the decision in this regard has been made considering that over 18 lakh cases are pending before different courts in the state.
The constitution of FTCs will "bring in a big relief" to the judicial system and litigants, he said.
"To operationalise 100 FTCs across 38 districts and sub-divisions, the government will undertake large-scale recruitment," the home minister asserted in a statement.
He said that a total of 900 posts, including those of bench clerks, office clerks, stenographers, deposition writers, data entry operators, drivers, process servers and peons, will be filled.
Choudhary also announced that 79 courts will be designated as 'act courts' to fast-track cases related to the Arms Act. Swift resolution of such serious cases, he said, will strengthen law and order in the state.
The minister said that Patna alone will get eight fast-track courts, while four courts each will be set up in Gaya, Muzaffarpur, Darbhanga and Bhagalpur. Three FTCs each are planned for Nalanda (Bihar Sharif), Rohtas (Sasaram), Saran (Chhapra), Begusarai, Vaishali (Hajipur), East Champaran (Motihari), Samastipur and Madhubani.
Similarly, two courts each will be established in West Champaran (Bettiah), Saharsa, Purnea, Munger, Nawada, Jehanabad, Arwal, Aurangabad, Kaimur (Bhabhua), Buxar, Bhojpur (Arrah), Sitamarhi, Sheohar, Siwan, Gopalganj, Supaul, Madhepura, Araria, Kishanganj, Katihar, Banka, Jamui, Sheikhpura, Lakhisarai and Khagaria. One FTC each is also proposed for the sub-divisional courts of Naugachia and Bagaha.
