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Wednesday 13 January 2016

CASTRATION – A SOLUTION?

Author: Pulkit Gopalkrishan Popli, (2nd Year student of IIT Kharagpur Law School)

Issue writ, direction or order to the Union of India, the respondent No. 1 to consider to impose castration as an additional punishment for child sex abusers and child rapists;

Issue writ, direction, or order to the respondent No.2 (Ministry of Women and Child Development) to frame guidelines in regard to the protection of the children from sexual abuse and impose castration as an additional punishment for the rape of the minor girls to protect their constitutional rights.

Source: Google Image

This was the prayer of the Supreme Court Women Lawyers Association (SCWLA) v. Union of India & Anr.[i] that was heard by the Honorable Supreme Court by the bench of Justice Dipak Misra and Justice NV Ramana on January 11, 2016. The bench clearly mentioned that the law should not be made sentimentally or emotionally and distanced itself from issuing any such direction or punishment as there is a law already available for the same. But the court further said that the parliament may go on to amend the penal provisions to award the harsher punishment for raping girl child and may also define the term 'child' in respect of rape as the offence.

Castration as defined by the Merriam Webster’s dictionary means the removal or to deprive of the testes. The Castration may be done surgically or chemically by anti-androgens. The demand of castration as punishment for the sexual offences is not new and has been voiced from time to time.  The Madras High Court in October 2015 in the case of Jonathan Robinson v.  The Inspector of Police[ii] perhaps got sentimental or emotional about the same offence and went on to suggest the castration as the punishment. Justice Kirubakaran in this judgment in the very first paragraph has very strongly and heavily recommended the punishment saying that the brutality of the offence would justify the punishment. Further, taking a dig at the Human Rights Activists, Honorable Justice has said that they are aware that there would be a lot of hue and cry by the people who claim themselves as the Human Rights Activists but they should also think about the human rights of the victims and the agony and suffering that they have suffered.

Justice Verma Committee Report of 2013 in paragraph 40 on the Castration as penalty mentions
We note that it would be unconstitutional and inconsistent with basic human rights treaties for the State to expose any citizen without their consent to potentially dangerous medical side effects. For this reason we do not recommend mandatory chemical castration of any type as a punishment for sex offenders. For the same reason the government of India also does not prescribe chemical castration as a family planning method.

If the reliance is put on the report of Asian Centre of Human Rights, India's Hell Holes: Child Sexual Assault in Juvenile Justice Homes, more than 48,838 child rape cases were recorded from 2001 to 2011 and that India saw an increase of 336% of child rape cases from 2001 (2,113 cases) to 2011 (7,112 cases). The report of National Crime Records Bureau 2013, in Chapter 6 very proudly mentions that a total of 12,363 cases of child rape were reported in the country during 2013 as compared to 8,541 in 2012 accounting for an increase of 44.7% during the year 2013. Maximum of child rape cases were reported in Madhya Pradesh (2,112 cases) followed by Maharashtra (1,546 cases) and Uttar Pradesh (1,381 cases). These three States together accounted for 40.8% of the total child rape cases reported in the country. On an average, 3 children out of one lakh children population are victims of rape. For population of every one lakh children , maximum of such incidents were reported in Mizoram and A & N Island (16 children each) followed by Delhi (14 children), Sikkim and Goa (12 children each).

Though there has been a strong rise in the support for the abolition of death penalty and harsh punishments such as castration, Guam has recently passed “Chemical Castration for Sex Offenders Act” in September 2015 which requires the chemical castration of the offenders going out on parole to minimize the risk. This Act was passed after the alarming rise in the number of Children related offences in Guam. It has also received a mixed response.

Now, with the huge number of the offences throughout the country, it is hard to predict whether the sentiments of Justice Kirubakaran are in the right direction or the logics of Justice Misra and Justice Ramana. But one thing is clear that India is one of the 5 countries with the highest number of Child abuses and this problem needs immediate and effective solution, either by parliament or by judiciary. 

Disclaimer: This blog or any post thereof is not to be considered to be in any way associated with the official stand of IIT kharagpur or RGSOIPL on the issues being discussed in the said post. The opinions on the blog are the authors own and should not be considered as legal advice.


[i] Writ Petition (C) No. 4 of 2016 [PIL]
[ii] Crl. O.P.(MD) No. 11735 of 2014