Introduction of Castration as additional form of punishment for Child Sex Abusers

Civil Services Main Examination

General Studies (Paper - 2) : Model Question & Answers


Sex AbuseQuestion: How far do you think that introduction of castration as additional form of punishment for child sex abusers is preferable to handle the problem?

Answer: A bench of the Madras High Court recently remarked that child sex abusers should be subjected to castration as a form of punishment. Countries like South Korea prescribe under law castration as a form of punishment – either chemical or surgical castration – in extreme cases of repeat offenders. Chemical castration is temporary and reversible whereas surgical castration is permanent and irreversible.

Though repeat child sex offenders deserve no leniency under law, a civilised legal system like that of India cannot appear to be inhuman while imposing punishment on the guilty who have committed heinous crimes. The Supreme Court has held that the right to life under Article 21 includes right against cruel punishment. Any punishment that leads to mutilation of body parts or debilitation in effect can be regarded as a cruel form of punishment. Moreover if the guilty is married, castration as a punishment will also amount to punishing his spouse who is innocent. Further the higher the severity of punishment, the lower the rate of conviction as courts become circumspect and the benefit of such doubts will invariably go in favour of the accused. Our legal system cannot travel back to medieval time by taking the colour of retribution.

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