The Calcutta High in a judgment on October 18 urged adolescent girls not to get swayed away for two minutes of pleasure and to control sexual impulse. The court advised adolescent boys to respect girls and women alike along with their dignity and bodily autonomy, reported Bar and Bench.
The order outlined a set of duties for adolescent girls and boys concerning sexual urges and relationships. Justices Chitta Ranjan Dash and Partha Sarathi Sen comprised of the division bench made suggestions while releasing a youth convicted for raping a minor girl. The boy was involved in a ‘romantic affair’ with the minor girl.
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The Court mandated the need sexual education for adolescents based on comprehensive rights to avoid legal complications arising from sexual relations at a young age.
The jury raised concerns over the Protection of Children from Sexual Offences Act (POCSO Act) terming consensual sexual acts among adolescents with sexual abuse. They appealed for decriminalising consensual acts that involved adolescents above 16 years.
In its judgment, the Court explained the factors contributing to sexual urges and stressed that they are primarily influenced by hormones like testosterone, which are activated by various stimuli. It stated that sexual urges are created by one’s own actions, such as what they see, hear, read or discuss.
To address the issue, the Court proposed a ‘duty/obligation based approach’ and outlined specific duties for adolescent females and males.
For adolescent females, the Court suggested following duties
It is the duty/obligation of every female adolescent to:
(i) Protect her right to integrity of her body.
(ii) Protect her dignity and self-worth.
(iii) Thrive for overall development of her self transcending gender barriers.
(iv) Control sexual urge/urges as in the eyes of society she is the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.
(v) Protect her right to autonomy of her body and her privacy.
For adolescent males, the Court suggested following duties
For adolescent males, the Court stressed upon the duty of male adolescents is to respect the duties of young girls and women. They should be trained to respect women’s self-worth, dignity, privacy and their autonomy over their bodies.
The Court also pointed towards the need for fostering a conducive atmosphere at home where children grow up with parents playing a central role in ensuring this, reported Bar and Bench.
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Updated: 20 Oct 2023, 12:48 PM IST