The Supreme Court of India has overturned a controversial judgment by the Calcutta High Court that had advised teenage girls to control their sexual desires. The apex court reinstated the conviction of a man accused of raping a minor, a conviction that had previously been set aside by the High Court.
The Supreme Court took suo motu cognizance of the High Court’s remarks, expressing strong objections to the advice given to the teenage girls. The High Court’s judgment, which had seemingly shifted part of the responsibility onto the victim, was met with widespread criticism and was viewed as regressive and insensitive.
The case was heard by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan on Tuesday. In their ruling, Justice Oka stated, “We have reinstated the conviction under Section 376 (rape) of the Indian Penal Code. The committee will decide on the sentencing. We have issued directions to the states…”
Justice Oka also mentioned that the case should be referred to the Juvenile Justice Board (JJB). “We had earlier indicated how judgments should be crafted. All states have been instructed to implement Section 19(6) of the Juvenile Justice (Care and Protection of Children) Act. Additionally, a committee of three experts has been formed to oversee the matter,” he added.
