Legal Blog: Castrate Child Rapists, Delhi ASJ Kamini Lau Suggests

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Sunday, May 1, 2011

Castrate Child Rapists, Delhi ASJ Kamini Lau Suggests


In an observation that is bound to spark a debate, a trial court on Saturday advocated the use of "chemical castration" as an alternative to a jail term for rapists. 

Additional sessions judge Kamini Lau said, "The Indian legislatures are yet to... address the issue (of rape) with all seriousness by exploring the possibility of permitting imposition of alternative sentences of surgical castration or chemical castration, particularly in cases involving rape of minors, serial offenders and child molesters or as a condition for probation, or as an alternative sentence in case of plea bargaining." 

Delhi additional sessions judge Kamini Lau suggested castration as an alternative punishment for rapists while hearing the case against a man who had raped his 15-year-old step-daughter for over four years. Though the court sentenced him to 10 year of rigorous imprisonment, it said that such crimes were required to be addressed differently. "A full public debate, with regard to imposition of castration (both surgical and chemical) as an alternative punishment for the offence of rape and molestation, is the need of the hour," ASJ Lau said. The court also imposed a fine of Rs 25,000 on convict Dinesh Yadav, 35, a labourer by profession. 

It directed that a copy of the order be sent to the secretary of ministry of law and justice, Government of India and national commission for women. 

The Indian Penal Code provides only a jail term for sexual offenders. Countries like USA, UK, Germany, etc, have started using chemical castration as an alternative. Chemical castration is administration of medication designed to reduce libido and sexual activity, usually in the hope of preventing rapists, child molesters and other sex offenders from repeating their crimes. In surgical castration, the testes or ovaries are removed through an incision in the body. Medical experts, however, are divided on the efficacy of the method. 

The judge observed that though the method is "not the perfect solution to inhibit child molestation", it certainly discourages sexual assault better than incarceration. 

The court expressed its apprehension that the idea may get panned by activists. "I am not oblivious of the fact that arguments are bound to be raised against the above by some activists, but in my view, it would be sheer hypocrisy given the damage the rapist and sexual predators do to their victims,'' the judge added.

52 comments:

  1. The Hon'ble Ms.ASJ,

    I'm in total agreement with your suggestion of castration 0f Child Rapists/ Rapists of adult women through chemical or surgical means as an alternative punishment for rape convicts is welcome. All rape cases should be tried by a fast track court with only a provision for limited appeal to only Supreme Court Of India. Such Fast Track Courts should be fully manned by only women Legal experts and Women staff members including the presiding Judge to guard the privacy of rape victims and avoiding unnecessary embarrassment to their families. Well! Castration of child Rapists/Rapists in general does act as a deterrence. Our Laws should be amended in this direction providing for fast track courts that deal exclusively with rape cases and acid attack victims cases and the inquiry and trial should be completed maximum within three months. This would increase i conviction rates of rapists and Acid Attackers. If medical reports and other direct or circumstantial evidence clinchingly establishes rape etc the presiding Judge of Court should award castration as punishment to the guilty.A child victim certainly experiences lot of post trauma and this mars its self confidence and makes her feel worthless, thus haunting her although her life. This certainly is a well thought out suggestion.

    Ms.Nirmala P.Rao
    Legal Expert and political commentator and Blogger C/o www.wizard-legal25.blogspot.com

    ReplyDelete
    Replies
    1. What you are suggesting is certainly unconstitutional. Limiting appeal in any form, and making it only possible to appeal to the Supreme Court, will be struck down by the Supreme Court itself, as it undermines the hierarchy of the legal system, as the apex court would be unable to handle the workload coming from a nation of a billion people without the help of intermediate courts. Stacking the judiciary with women (or any other group, with the intention of skewing judicial outcomes) would also be struck down, as this undermines the constitutional independence of the judiciary. Trials for all crimes should go through the same legal procedure as set out the law.

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