The Supreme Court in the case observed and has taken the Suo motu cognizance of the judgement of the Calcutta High Court wherein the court stated that every female adolescent should control the sexual urge as in the eyes of the society she will be the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.
The bench comprising of Justice Abhay S Oka and Justice Pankaj Mithal in the case observed while considering the suo motu case filed against the said judgement. The matter is title ‘In Re: Right to Privacy of Adolescent’.
Earlier, the Supreme Court in the case observed and had stayed the direction of Allahabad High Court for the examination of the horoscope of a woman to ascertain if she was a ‘mangalik.’
The High Court in the case observed while acquitting the young boy, who had been sentenced to 20 years in prison as stated under the POCSO Act for engaging in sexual the relations with his romantic partner, who being a minor.
The bench comprising of Justice Chitta Ranjan Dash and Justice Partha Sarathi Sen in the case observed and has issued certain advisories to adolescents as:
It being the duty or obligation of every female adolescent to:
To protect every female right to integrity of her body.
To Protect every female dignity and self-worth.
To Thrive for overall development of every female self-transcending gender barrier. The Control sexual urge or urges as in the eyes of the society she being the looser when she gives in to enjoy the sexual pleasure of hardly two minutes.
To Protect her right to autonomy of her body and her privacy.
The court stated that it being 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 and her privacy and the right to autonomy of her body.
Further, the court in the case 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.
The bench while considering the facts and circumstances of the case stated 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. Thus, the sexual urge is not at all normal and normative.