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Supreme Court advises judges not to present their opinions: The Supreme Court has advised judges to stay away from 'preaching'. In fact, on Tuesday itself, the court overturned the decision of the Calcutta High Court, in which the judge had advised teenage girls to rein in their 'desire for sex'. Keeping in mind this statement of the judge, the Supreme Court has advised that judges should avoid expressing personal views while giving judgment. The Supreme Court has convicted the accused of raping a minor.
Judges should refrain from preaching: Supreme Court
The case was heard by a bench of Justice Abhay S Oak and Justice Ujjwal Bhuiyan. In which it was said, 'The judge should give a decision on the matter, not preach. There should not be any unnecessary and meaningless thing in the decision. The decision should be in clear language and few words..' The court also said that the decision is neither a thesis nor literature.
Do not present personal views
The bench said, 'There is no doubt that the court can always comment on the conduct of the parties. However, the conclusions about the conduct of the parties should be limited to those conducts which are likely to influence the decisions. A judge should not include his personal views in the decision of the court.
Questions raised on family
The court said, 'Unfortunately there are many cases in our society where the victims of crime under the POCSO Act are abandoned by their parents. Whatever the reason. In such cases, it is the responsibility of the state to provide them with housing, food, clothing, educational opportunities etc. Even if such victims give birth to a child, it is the duty of the state to take care of it.
The High Court made this remark while hearing the petition of a man who was sentenced to 20 years in jail in a sexual harassment case. The High Court acquitted this man.
Regarding the case, the court said, 'It is sad that in this latest case the state machinery has completely failed. No one came to help the victim. In such a situation, she had no option left except to live with the accused.
What did the court say?
In this controversial decision of 18 October 2023, the Calcutta High Court had said that teenage girls should 'control their sexual desires', because 'after two hours of sexual pleasure their image gets spoiled in the eyes of the society.'