Castrate Child Abusers; Provide Sex Education for Children; Madras High Court

Madras High Court Judge Justice N.Kirubalan in his order dated 16.10.2015, suggested ‘Castration’ as an additional punishment for child abusers. In the Judgment, which is already became a subject of hot debates he said as follows;“CASTRATE CHILD ABUSERS” Blood curdling, horrific, sadistic, terrifying, shocking, cruel and brutal gang rapes of toddlers in New Delhi, in October, 2015 would definitely justify this Court to suggest “castration” as an additional punishment for “child abusers”, especially, “child rapists”. This Court could foresee that the suggestion of “castration” would be surely condemned, censured and criticised as “barbaric, punitive, draconian, cruel, retrograde, stone aged, cannibalistic, inhuman, etc.”. In spite of many penal laws and the recent POSCO Act, 2012 prescribing severe punishment for crimes against children, the number of such cases has increased from 38,172 in 2012 to 58,224 in 2013 and to 89,423 in 2014. When law is ineffective and incapable of addressing the menace, this Court cannot keep its hands folded and remain a silent spectator, unmoved and oblivious to the recent happenings of horrible blood curdling gang rapes of children in various parts of India. It would not only be injustice done to the child abuse victims, but would also amount to violation of the oath taken by this Court. This Court is sure that additional punishment of castration of child rapists would fetch magical results in preventing and containing child abuses.“When law is incapable of preventing and containing more and more child abuses, this Court cannot be a silent spectator folding its hands, which would be not only doing injustice to the victims, but also violating the oath taken by this Court. It is shocking to hear a toddler aged 4 years was brutally gang raped by four devilish perpetrators in New Delhi on 9.10.2015 and .she got injuries on private parts and had been bleeding profusely and many toddlers are gang raped. In spite of many Acts and recently POSCO Act 2012, there is no sign of dwindling of lakhs of child abuse cases. This Court is sure that additional punishment of castration of culprits would fetch magical results in preventing and containing “child abuses” specifically “ child rape “ The Court issued the following Directions Central Government is to consider the suggestion of “castration” to child abusers, particularly, child rapists, as an additional punishment apart from other punishments under POSCO Act, I.P.C. J.J.Act etc., in view of abnormal increase in child abuse cases. Central Government may consider constituting a commission headed by a retired Supreme Court Judge with experts from various fields namely jurists, psychiatrists, especially child psychiatrists, psychologists, neurologists, academicians, police officers, social workers child right activists, NGOs working for Welfare of children, etc. to collect information and to get views and opinions from various sections of the society about “physical child abuse” as the Central Government in its report filed before this Court, stated that there is little research on physical abuse of children in India. Central Government is to take a decision with regard to introduction of Free and Compulsory Comprehensive Sexuality Education in High School level to enable the students to understand gender identity, their sexuality, age related physical changes and problems, to protect themselves from sex advances and abuses etc., as India has its commitment under United Nations, International Conference on Population and Development (ICPD) agenda 1994 affirming the Sexual and Reproductive Rights (SRRs) of adolescents and young people as per Article 253 of the Constitution of India. The Union Government shall incorporate columns in Indian Visa forms issued to foreign nationals to give the details of their pending cases, cases of conviction etc. as provided in UK, Visa form. Union Government shall permit the foreign nationals to start home, orphanages, shelters for children and orphans etc. after thoroughly verifying their antecedents from their respective country and INTERPOL. Central Government as well as every State Government shall conduct massive awareness programme about a crimes against children as per Section as per Section 43 of the Act by way of films, documentaries, televisions, radio and print media, stage dramas, circulating pamphlets and conducting meetings and seminars in schools and colleges regularly as public awareness about POSCO Act has not been created so far. Central Government shall direct all the State Governments to include moral science in the syllabus as a part of the curriculum to inculcate moral, cultural and social values in children, insisting about the importance of the family and relationship to mould them as good citizens. Central Government as well as State Governments are directed to provide counselling to the students at the school level itself to find out any...

Castrate Child Abusers; Provide Sex Education for Children; Madras High Court

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