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

1. 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.
2. 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.
3. 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.   
4. 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.
5. 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.                               
6. 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.
7. 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.
8. Central Government as well as State Governments are directed to provide counselling to the students at the school level itself to find out any disorder or negative attitude and the same could be informed to the parents and proper counselling can be given to make all the children to grow as well-groomed citizens.
9. The Central Government shall direct all the State Governments to give special training to medical practitioners to deal with and manage victims of child abusers as the medical professionals mostly do not have required training in this regard.

Justice Kirubalan was hearing a petition filed by a British National to quash the Criminal Proceedings under Section 342,363,368,377 read with Section 511 of I.P.C. and Section 23 of Juvenile Justice Protection Act. The allegation against him is as follows;

Victim, a 15 year old boy while studying in 9th standard was staying in a Trust founded by the Petitioner. The Petitioner tempted, promised and assured victim’s mother for better education to her son, and pressurized her to get transfer certificate from the school, where the victim studied; He also gave money to the victim's mother for her expenses; lured and enticed by the promise and assurance of the petitioner she was constrained to send the minor/child victim with the petitioner on 13.4.2011 and thereby, the victim was kidnapped by train to Delhi. During his stay with the Victim, he attempted (many times)un-natural intercourse. Because of the intervention of an NGO the child victim was brought from YMCA, Tourist Hostel to Chennai and filed the Complaint.

High Court dismissed his petition but stayed the red corner notice issued by INTERPOL, so as to enable him to visit India only to appear before the Trial Court and face the trial.

In the Judgment Justice Kirubalan strongly condemned the attitude of the Human Right Activists towards the Offenders and Victims.

“This Court is aware that there would be a big hue and cry by people, who claim themselves to be “Human Rights Activists”, if the punishment of “castration” is brought in. But, those activists are mostly concerned with the alleged human rights violation of offenders/culprits/perpetrators of crime, unmindful of physical, psychological and the emotional trauma, suffering, agony and sorrow undergone by the victims in the hands of the culprits. Those activists should first exhibit sympathy and support to the victims of such crimes by visiting and consoling them at the hour of crisis instead of having misplaced sympathy on the perpetrators under the usual banner of “”Human Rights violation”. They must remember that “Human Rights”is not a term restricted and reserved only for offenders.” He said

He also emphasised the need of Sex Education in the Country ;

“It is appropriate for the Government after thorough deliberations to take a decision with regard to sex education. In the days of globalisation, every information is pouring from Internet, youngsters naturally are curious to know about the sex and they tend to see porn sites leading to sexual arousal and commission of sexual offence against the children. In view of the above situation, children should be taught about sexual advances, inappropriate touches and sexual abuses. Lack of knowledge alone leads to this kind of grave situation, which has to be necessarily addressed. In the era of globalisation, we should not misdirect ourselves or our children in the name of culture, values and moral and traditions. Though we are shy and reluctant to talk about the sex and consider the sex as shame, we are second thickly populated country in the world, next to China. Therefore, the Government is to take appropriate decision with regard to introduction of compulsory comprehensive sexuality education to adolescent and young people”. He suggested

The Suggestions given by the Court

1. Parents and family members should interact with children regularly creating awareness about safety and abuses including sexual abuses being inflicted on them and how to avoid and to raise alarm in case of any attempt to abuse.
2. The parents should interact regularly with the children so that if any abuse is made which can be found out even if the child does not voluntarily report.
3. School authorities should create awareness about the child abuses. If any behavioral change in the student is noted the same should be brought to the notice of the parents and enquire the child in a conducive atmosphere to find out any abuse has been inflicted.
4. Media should also play active role in educating and sensitising the society about child abuses and sex offences by giving required publicity about the existing laws against sexual offences especially child sexual offences.
5. People should be educated to note the behavioral changes of the children and find out the reasons for abuses to save the child from trauma which may be prolonged.
6. The investigating agencies should coordinate with NGOs, who are working for the welfare of children and prevention of child abuse by foreign nationals.
7. Since both the parents are working and there is no elderly people, namely, grant parents in the family, the children are left with custody of third parties namely, servants, neighbours etc. resulting in abuse of children. Therefore, atleast one parent should be available in the family to look after the children.
8. There should be efforts by all to revive the disintegrated joint family system for more benefits including safety of children.
9. Children should be taught to be careful with the strangers.
10. Since liquor is one of the basic main reasons for commission of more and more crimes especially child sexual abuses affecting the entire society day by day, the Central Government and State Governments may consider “introduction prohibition” IN CONSONANCE with Article 47 of the Constitution of India and as per wishes of the father of our nation, Mahatma Gandhi and other great leaders.