Protect Dignity & Self-Worth, Control Sexual Urges By Maintaining Right To Autonomy Of Body And Privacy: Calcutta HC Advises Adolescent Girls

The Calcutta High Court has recently issued a slew of recommendations to adolescent boys and girls in a case concerning the appeal of young boy, who had been sentenced to 20 years in prison for engaging in sexual relations with a his romantic partner, who was a minor.

In acquitting the appellant, while recognising that the POCSO Act does not account for consensual, non-exploitative sexual relations between children aged 16-18 years, a division bench of Justices Chitta Ranjan Dash & Partha Sarathi Sen cited salutary legal principle of Mahabharata “Dharmo Rakshyati Rakshyita” (one who protects law is protected by law).

In laying down certain duties to be followed by adolescent boys and girls, the bench held:

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 the 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.

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 & privacy, and right to autonomy of her body.

The Court further delved into the biological explanation for sexual urges in adolescent men and women, and observed that while the existence of libido in one's body is natural, the respective glands only become active by stimulation, leading to a sexual urge.

Bench noted that sex in adolescents is normal but sexual urge or arousal of such urge is dependent on some action by the individual, may be a man or woman. Therefore, sexual urge is not at all normal and normative.

It further reiterated on the need for sexual education to be provided to both adolescent boys and girls, beginning at home, but also the need for it to be included in school curriculum as well.

Court observed that such sex education should emphasise on reproductive health, hygiene, etc. It held that while sex among adolescents could be considered normal, the same could not be considered normative without “commitment or dedication.”

We do not want our adolescents to do anything that shall push them from dark to darker side of life. It is normal for each adolescent to seek the company of opposite sex but it is not normal for them to engage in sex devoid of any commitment and dedication. Sex shall come automatically to them when they grow self-reliant, economically independent and a person which they dreamt one day to be, it concluded.

Case: Probhat Purkait @ Provat v The State of West Bengal

Case No: CRA (DB) 14 of 2023

Click here to read the judgment