India

Calcutta High Court: “She Is Loser When She Gives In For Two Minutes Of Pleasure…”

In a case involving a teenager convicted of rape, the Calcutta High Court has issued a comprehensive set of guidelines for adolescents, stressing the importance of controlling sexual urges and respecting the dignity and bodily autonomy of individuals of the opposite gender. This case revolved around a teenager who was sentenced to 20 years in prison by a sessions court for engaging in sexual activity with his romantic partner, who was also a minor.

During the proceedings, the girl involved in the case informed the court that she willingly entered into the relationship and subsequently married the accused. She acknowledged that, in India, the legal age of consent for sexual activity is 18, and their relationship was considered an offense under the Protection of Children from Sexual Offences Act (POCSO).

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Under POCSO, consent provided by individuals below the age of 18 is not recognized as valid, and engaging in sexual activity with them is classified as rape. The Calcutta High Court, represented by a two-judge bench comprising Justices Chitta Ranjan Dash and Partha Sarathi Sen, set aside the sessions court’s verdict and advocated for the introduction of comprehensive sex education in schools to prevent legal complications stemming from sexual relationships at a young age.

The court emphasized that sexual feelings among adolescents are normal, but the arousal of such desires depends on individual actions, whether by a man or a woman. It called on girls to exercise control over their sexual urges, cautioning against giving in to momentary pleasures.

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The bench’s judgment contained the following statement: “Control sexual urge/urges as in the eyes of society, she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes.” The court further emphasized that it is the responsibility of young girls to safeguard their right to bodily integrity, dignity, and self-worth.

Additionally, the court underscored the need for boys to respect the dignity of girls and encouraged them to train their minds to respect women. The judgment emphasized, “It is the duty of a male adolescent to respect the aforementioned responsibilities of a young girl or woman, and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and the right to autonomy of her body.”

Priyanka Rai

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