Guwahati, 21st August: In a landmark ruling on Tuesday, August 20, the Supreme Court of India nullified a contentious verdict by the Calcutta High Court that had acquitted a man previously convicted of sexual assault. The High Court’s decision, which drew sharp criticism for advising adolescent girls to “control sexual urges,” has been overturned by the apex court.
The Supreme Court reinstated the man’s conviction under Section 376 of the Indian Penal Code (IPC), which pertains to rape, emphasizing the need for sensitivity in judicial pronouncements, especially in cases involving minors. The two-judge bench, comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, criticized the High Court’s inappropriate observations, declaring, “We have set aside the judgment and restored the conviction. All inappropriate observations made by the High Court have been expunged.”
Additionally, the Supreme Court highlighted the importance of referring cases involving minors to the Juvenile Justice Board (JJB), noting that the Juvenile Justice (JJ) Act provides comprehensive measures to ensure the well-being and future of children until the age of 21.
The court also directed state governments to enforce the provisions of Section 19(6) of the Protection of Children from Sexual Offences (POCSO) Act, in conjunction with Sections 30 to 43 of the JJ Act. To further protect minors, the court established a committee of experts to assist children in making informed decisions about their futures.
This ruling follows a May hearing where the Supreme Court reserved its judgment after hearing arguments from all parties involved. The case dates back to October 18, when the Calcutta High Court controversially advised young people to manage their sexual impulses while acquitting the accused—a statement that has now been repudiated by the nation’s highest court.