CHEMICAL CASTRATION OF CHILD RAPIST : EQUITABLE DEMAND OR IMPETUOUS PASSION INDUCTED BY SCWLA ?

1.INTRODUCTION

Children are considered to be divine and innocent It is very resentful that they are also victim of sexual lust. Sexual Offences against child is brutal expel of humanity and justice. Chemical castration is used to lower the production of sex hormone in the body. This is basically done to reduce sexual violence and desire of an offender to commit sexual offences.It is used as a method of punishment and control of offences in few country. Similar demand was made by the Supreme Court Women Lawyers Association (SCWLA) which is an association of women lawyer which aim to enhance and create better relation among legal fraternity and women lawyer of the country. There has been increase of 82% of sexual offence against children despite of the penal laws .The SCWLA had initiated a letter to the Office of Prime Minister of India to add chemical castration as a punishment for child rapist to reduce the offence. The Office of Prime Minister forwarded to the Women and Child Ministry to take appropriate actions in accordance to the plea.

2. ORIGIN AND DEVELOPMENT OF THE CONCEPT OF CHEMICAL CASTRATION

In ancient times, chemical castration was used by Sumerian City of Lagash in the 21st century to produce eununchs. The ancient Greeks and Romans used to produce eunuchs slave.In Saudia Arabia , it was used as a way to obtain harem guardians. In the Byzantanian Empire,it was used as punishment. In July 2011, Korea was the first country in Asia to use chemical castration as a punishment for sex offender. In 1996, California became the first state in the United States to authorize the use of either chemical or surgical castration for certain sexual offenders who were being released from prison into the community. There is legislation following chemical castration is used in France, Poland, Russia, Belgium, Turkey etc .[1]

3. WORKING OF CHEMICAL CASTRATION

The main purpose for chemical castration is to reduce male hormones such as testosterone and dihydrotestosterone.Luteinizing hormone-releasing hormone such as goserelin, histrelin etc causes rise in testosterone level. When LH levels are higher, the pituitary gland stops making it. It no longer send signals to testicles to make androgens. As a result, circulating testosterone is reduced to very low levels, similar to surgical castration.

4. INTERNATIONAL HUMAN RIGHT STANDARD

The Supreme Court Women Lawyer's Association is supporting the international stance of protecting human rights and dignity but it is also a fervent supporter of the strict punishment given to child rapist because offence is an evil to the society and if there is no stern laws and punishment along with its effective implementation, then the offences will surround and envelope the societal peace and security .

5. LEGAL FRAMEWORK IN INDIA

Since the inception of the Penal laws, there is no such grave punishment for punishing child rapist . The term minor denotes boys and girls below eighteen years of age . There are Penal law such as former Indian Penal Code and POSCO ACT. which penalized the child rapist with rigorous imprisonment of ten years or more along with death penalty added later on by the Union Government. The chemical castration is considered to be against Article 21 i.e. Right to privacy Right to life and personal liberty There is tussle between providing rigorous punishment to child rapist and such punishment are violative of human rights.

6. BESECCH OF SUPREME COURT WOMEN LAWYER ASSOCIATION

• The head of SCWLA, Mahalakshmi Pavani put forth her demand for including both boys and girls between age of 0 to 10 years within the meaning of child as male child are also victim of sexual assault.
• It was also further demanded that if court can pronounce death penalty for raping a girl below 12 years of age ,then chemical castration of child rapist should be added to act as deterrent to sexual offence committed against children.
• Chemical castration will work to instil fear in the mind of child rapist by injecting androgens to reduce testosterone level to reduce sex drive in males and their urge to do sexual offences. The process of chemical castration is irreversible. [2]

7. HEINOUS INCIDENTS OF CHILD RAPE

7.1 KHATUA RAPE CASE

The minor girl was kidnapped by a gang of people and was brutally raped and killed by overdosage of Clonazepam in 2018 . One of the accused was a minor but he was later on declared to not be a minor at the time of offence and was punished accordingly.

7.2 UNNANO RAPE CASE

A minor girl in 2017 was burnt alive on her way to complaint against the accused. The accused MLA was served with life imprisonment

8. CONGRUENT ENTREAT

• The similar demand for chemical castration of child rapist was also supported by the Judge Kamini Lau , Additional District and Sessions Judge in DDelhiin 2011 has strongly demanded the same as SCWLA.
• Justice N Kirubakaran of the Madras High Court has also recommended that chemical castration of child rapist may look barbaric, stone aged and inhuman but the traditional law is unable to cope up with the dynamics of the offences.

9. SUPREME COURT STAND ON CHEMICAL CASTRATION OF CHILD RAPIST

Justice Verma Committee rejected the demand for chemical castration of child rapist since it will not aid to remove the social foundation of rape. It was considered that the chemical castration is against human rights treaties and right to life and personal liberty under Article 21 of the Indian Constitution because the side effects of castration is medically dangerous and can not be be given with out the consent of the sexual offender. Chemical castration is considered to be against morality and ethics

10. CENTRE STAND ON CHEMICAL CASTRATION OF CHILD RAPIST

The center has forwarded the plea to Women and Child Ministry to consider the gravity and seriousness of the entreat and to take appropriate action.The Ministry of WCD is already considering an amendment to the Protection of Children against Sexual Offences (POCSO) Act 2012 to allow male child survivors of sexual assault to be treated on par with girls under the ordinance for enhanced punishment for rape crimes. The Union Government has added death penalty as a punishment for child rapist who rape child below 12 years of age but chemical castration of sexual offender is still not validated by the Government.

11. SIDE EFFECTS OF CHEMICAL CASTRATION

• It causes weight gain, reduces body weight , reduce sexual function and low muscle mass
• It causes hormonal changes which causes breast enlargement or tenderness
• It affects the bone health by reducing bone density
• It affects the metabolism by changing cholesterol level in the body
• It has psychological effects such as depression, anxiety and mood swings [3]

12. ALTERNATIVES

• Therapy and Counselling to sexual offender to control their criminal intent and sexual desire
• Awareness regarding sexual offences and its prevention
• Strict punishment to both male and female Child Rapist to create fear of punishment
• Intensive parole and probation with strict monitoring and supervision
• The sexual offender should engaged in charitable activities and taught new skill in order to channelise their potential into utility
• Strict implementation of law or amendment made to existing law
• Rehabilitation program should be organised for reintegration of the offender into the mainstream.
• Mediation and yoga program to inculcate patience and control among the offenders.
• Preventive programs should be organised for the sexual offender to make them realise about the consequences of their act on the victim as well on them which affects the society in large.

13. CONCLUSION

The issue of chemical castration for child rapists is deeply complex, involving a delicate balance between justice, rehabilitation, and human rights The Supreme Court and the government has not agreed with the plea of the SCWLA on the grounds of ethical consideration and violation of human rights but had extended the punishment to death penalty . It requires a lot of persuasion, consideration and arguments for implementation as the Indian Criminal System focus on reformation than punishment but RAPE itself is a breach of privacy and harm to ones dignity and protection. So in such cases, not taking extreme steps will motivate such heinous act in the society but chemical castration of child rapist do not provide any solution to such offence . The aim of the law is to end the crime but not the criminal. A well integrated rehabilitation and counselling along with self awareness programmes , active role of society in educating people to avert such offences and a self installation of enlightenment to refrain from offences will act as a collarbone to the prevention of sexual offences.

"Children are not entity to be moulded but are to be unfolded ! Rape of a child is degradation of divinity"

14. CITATIONS

1. WIKIPEDIA, Chemical Castration available at https://en.wikipedia.org/wiki/Chemical_castration (last visited on January 8, 2024)

2. PIYASREE DASGUPTA, Meet the Women Supreme Court Lawyers who are fighting for a law to castrate Men who Rape Kids available at https://www.huffpost.com/archive/in/entry/women-sc-lawyers_n_9025124 (last visited on January 8, 2024)

3. CLEVELAND CLINIC , Chemical Castration available at https://my.clevelandclinic.org/health/treatments/22402-chemical-castration (last visited on January 8, 2024)