Kolkata: In a significant development, the Calcutta High Court has issued a set of recommendations aimed at guiding adolescent behaviour and safeguarding the dignity, autonomy, and self-worth of minors engaged in consensual relationships. This momentous decision comes in response to the challenges posed by the Protection of Children from Sexual Offences (POCSO) Act in addressing consensual sexual relationships between adolescents aged 16-18.
The court's guidance serves as a beacon for navigating these complexities, emphasising the need to protect individual rights and societal values. In offering guidance to adolescent boys and girls in a case involving the appeal of a young boy, who had received a 20-year prison sentence for engaging in sexual relations with his underage romantic partner, the division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen, in their acquittal decision, took into account the fact that the POCSO Act does not address consensual, non-exploitative sexual relations between individuals aged 16 to 18 years.
The division bench of Justices Chitta Ranjan Dash and Partha Sarathi Sen invoked the ancient legal principle from the Mahabharata, "Dharmo Rakshyati Rakshyita" (one who protects the law is protected by the law), as the cornerstone of their recommendations. In their acquittal of the appellant, the judges underscored the importance of establishing a comprehensive framework to handle adolescent relationships, ensuring the well-being of those involved while respecting societal norms.
The court has outlined a set of duties for adolescent boys and girls, recognising the necessity of safeguarding their physical and emotional health. The court observed that adolescent girls should prioritise the protection of their physical well-being and uphold their dignity and self-worth. Acknowledging that society often stigmatises girls for engaging in sexual activities and, emphasising on the importance of self-control, the court advised the adolescent girls to assert their right to autonomy and privacy.
The court also observed that male adolescents are expected to respect and uphold the responsibilities outlined for young girls and women. This includes respecting their self-worth, dignity, privacy, and autonomy over their bodies. These recommendations aim to foster mutual respect and understanding between genders, thereby promoting healthier relationships within society.
The court also explored the biological basis of sexual urges in adolescent males and females. It highlighted that while the existence of libido is a natural occurrence in one's body, the glands responsible for sexual arousal only become active through stimulation. This underscores that sexual urges are not inherent but influenced by individual actions, irrespective of gender. The court emphasized that sexual urges should not be normalized, as society often tends to perceive them.
Furthermore, the court underscored the importance of sexual education for both adolescent boys and girls. It suggested that sexual education should commence within the family and be included in the school curriculum. Comprehensive sex education enables adolescents to better understand their bodies, emotions, and the significance of respecting each other's boundaries. This educational approach aims to produce a generation that is well-informed about healthy relationships and consent, ultimately reducing incidents of exploitation and abuse.
