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Will This High Court Judge's Suggestion to Castrate Child Rapists Deter the Crime Wave?

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What’s the most effective punishment that could be given to child sex offenders to deter them from repeating the offence? Only castration of the rapists will work, pointed out a judge at Madras High Court.

This High Court bench has suggested to the Centre to consider castrating those who abuse children sexually, as the present law is “ineffective” in dealing with such criminals.

“Traditional laws are not stringent enough to yield any desired positive result. Suggestion of castration looks barbaric, but barbaric crimes should definitely attract barbaric model of punishment. Many may not agree with this. Still, everyone needs to understand the stark reality in society and appreciate the punishment suggested,” said Justice N Kirubakaran, according to a report by TOI.

He also pointed to the fact that the conviction rate, in cases of sex offence against children, is a mere 2.4 per cent and that between 2008 and 2014, crimes against children had increased by 400 per cent.

“This court is sure that additional punishment of castration of child rapists would fetch magical results in preventing and containing child abuses,” said the judge while pointing out that chemical castration had come into force in several countries including the US.

The judge was passing orders on a plea from a British national facing pedophile charges in Tamil Nadu for quashing the case. The man had reportedly befriended the family under the pretense of offering quality education to him and had taken him to Delhi where he allegedly abused a Class 9 student, including several attempts at sexual intercourse.

Turning down the Britisher’s plea for quashing the case, the judge, however, stayed the red alert notice issued against him so that he can come to India to appear before the court.

The immediate provocation for the court to make such a drastic suggestion was the brutal gang-rape of children in Delhi last week. Calling it a “blood-curdling” and “horrific” incident, Justice Kirubakaran said castration must be an additional punishment for child abusers, especially child rapists.

Perhaps Justice Kirubakaran, who got his inspiration from the Indonesian president Joko Widodo, will soon sign a decree authorising the use of chemical castration to punish pedophiles. Indonesia will join a small group of nations that allows such punishment, including Poland, Russia, and Estonia, as well as some states in the US.

Now while castration may seem very fitting and satisfactory to most of us while we are still outraged over the incident, it really needs to be checked out whether such a move will act as an effective deterrent. Very likely, the rapist now fearing castration may murder the victim to prevent him/her from testifying.

Image Courtesy: BCCL

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