New Delhi: The Supreme Court on Friday said judges are not expected to "preach and express personal views" in dealing with cases. The apex court made this observation while issuing notice to the West Bengal government and others in a suo motu case registered as 'In Re: Right to Privacy of Adolescent' arising out of the high court's judgment of October 18, 2023.
A bench of Justices Abhay S Oka and Pankaj Mithal found the Calcutta High Court's suggestions that every female adolescent should "control sexual urge/urges" and "protect her right to integrity of her body" as prima facie "highly objectionable, completely unwarranted and in violation of Article 21 of the Constitution".
The high court had pronounced the judgment in a case related to kidnapping for the purpose of marriage and other offences under the Protection of Children from Sexual Offences Act. The apex court said prima facie, “we are of the view that the judges are not expected to express their personal views or preach". The apex court said there was absolutely no reasoning given by the high court, in its order acquitting the accused, and scheduled the matter for further hearing on January 4, 2024.
A paragraph of the high court judgment said it is the duty/obligation of every female adolescent to protect her right to integrity of her body; protect her dignity and self-worth; thrive for overall development of her self-transcending gender barriers; control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes; protect her right to autonomy of her body and her privacy. The apex court took objection to this paragraph.
The high court, for male adolescents, had said they should "respect the duties of a young girl or woman and he should train his mind to respect a woman, herself worth, her dignity and privacy, and right to autonomy of her body".
The apex court said the high court’s observations are "highly objectionable and completely unwarranted", and they are completely in violation of the rights of adolescents under Article 21 of the Constitution. The court appointed senior advocate Madhavi Divan as amicus curiae to assist it and also asked the West Bengal counsel Astha Sharma to take a view on filing an appeal in the matter.
The division of the high court, on October 18, 2023, had suggested that every female adolescent should "control sexual urge/urges" and "protect her right to integrity of her body".
