Under Section 376(2)(i) of the IPC, the
rape of a woman under 16 years of age is punishable with a minimum of
10 years’ imprisonment, which could extend to life
A women’s lawyers association had moved the court seeking castration of sexual offenders.
New Delhi: The Supreme Court on Monday suggested
the government look at enhancing the punishment for those found guilty
of sexually assaulting children and also define a “child” under the
Indian Penal Code (IPC).
A women’s lawyers association had moved the court seeking castration of sexual offenders.
While clarifying it was beyond the court’s authority to
introduce such a punishment, a bench comprising justices Dipak Misra and
N.V. Ramana suggested that Parliament look at making the punishment
more rigorous.
Under Section 376(2)(i) of the IPC, the rape of a woman
under 16 years of age is punishable with a minimum of 10 years’
imprisonment, which could extend to life.
The Protection of Children from Sexual Offences Act,
2012, stipulates that the punishment will be based on severity of the
crime. Aggravated sexual assault warrants the same punishment as that
prescribed under IPC.
Justice Misra also said there had to be a better
definition of “child” in sexual offences. In his order, he noted a minor
woman below the age of 16 years “is no doubt a minor” but a “child
though a minor may stand at a different category”.
The petition by the Supreme Court Women Lawyers’ Association (SCWLA), a copy of which Mint reviewed,
said the apex court should decide if it should protect the human rights
of those children who are raped, sexually assaulted and killed.
The group asked the court to direct the government to
impose castration as an additional punishment for sexual abusers and
rapists of children.
The petition said the Protection of Children from Sexual Offences Act had failed to deter offenders.
Lawyer Mahalakshmi Pavani, representing SCWLA, said the “more barbaric the crime, more barbaric should be the punishment”.
The petition defines castration as “any action, surgical,
chemical or otherwise, by which a biological male loses the use of the
testicles. When used on men, these drugs can reduce sex drive,
compulsive sexual fantasies, and capacity for sexual arousal”.
Ved Kumari, who teaches law at Delhi University, said the
government should focus more on the rehabilitation of children who
suffered from sexual crimes.
“The state doesn’t care about rehabilitating the victim. They give `2
lakh and they’re done. The victim has suffered from serious physical
damage and mental trauma. They require several surgeries,” she said.
“The state doesn’t want to take responsibility of the victim. It wants to punish the offender and wash its hands of the case.”
Sources: Mint
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