The court emphasized the need for defining the term 'child' in the context of rape and providing for more severe punishment for culprits involved in such crimes.

ORDER :

Dipak Misra, J.

The petitioner, Supreme Court Women Lawyers Association (SCWLA), being immensely sensitively ignited by the atrocious, inconceivable and brutal sexual offence where certain psychologically and possibly psycho graphically perverted culprits have not even spared 28 days old baby girl and also in certain situations have monstrously behaved with other small girls who come within two to ten years of age as if they are totally trivial commodities, has invoked the jurisdiction of this Court under Article 32 of the Constitution of India for considering imposition of "chemical castration" as an additional punishment for such child abusers.

2. In support of the cause projected, it is submitted by Ms. Mahalakshmi Pavani, learned senior counsel along with Ms. Shiva Vijay Kumar, Ms. Anita Bafna and Ms. Prerna Kumari, learned counsel for the petitioner that reading certain news items in the newspapers in the morning has become quite a dreadful and lamentable experience for any sensitive person in this country and extremely agonizing and anguishing for any woman as the concept of civility and conception of civilised society seem to have veered on the path of destruction, and degradation from the basic human values. She has drawn our attention to the news items in the Times of India, New Delhi dated December 07, 2015, Times City, dated December 8, 2015 and various TV reports which reflect that two to five year old girl children have been abused and raped. Sometimes, as she would put with all vestige of distress at her command, the tender angelic girls have been abducted, brutally ravished and murdered. It is urged by her that she is absolutely conscious that this Court may not be inclined to issue a mandamus to create a punishment in respect of an offence but indubitably this Court can give a suggestion so that the legislature can appositely respond to the collective cry.

3. Learned senior counsel has drawn inspiration from the decisions rendered in Vishaka & Ors. v. State of Rajasthan & Ors., (1997) 6 SCC 241 and Sakshi v. Union of India & Ors., (2004) 5 SCC 518 to stress the point that this Court can always lay the guidelines in the said regard. Additionally, learned counsel for the petitioner highlighting the fundamental value of human rights and dignity of the children submitted that when a child is born, thought of the Creative Intelligence or Almighty comes into action. It is canvassed by her that when a child sees the mother earth it is a grace to the human race but unfortunately the life span of a girl child is guillotined before it blossoms because of unimaginable carnal desire of some.

4. We have sought assistance of Mr. Mukul Rohatgi, learned Attorney General for India. Responding to the submissions of he learned senior counsel for the petitioner, it is very fairly put forth by Mr. Rohatgi that a society which is civilised and replete with cultural values of thousand years old and respects child and human rights, child abuse and the rape of a girl child can never be tolerated, and the culprits deserve to be dealt with iron hands of law. However, Mr. Rohatgi would submit that this Court should not suggest a particular or specific punishment to be introduced as it is in the domain of wisdom of the Legislature. That apart, canvassed Mr. Rohatgi, the punishment suggested by the Petitioner-Association is more out of passion rather than rational deliberation. In essence, the submission is that punishment is provided under Section 376 of the Indian Penal Code (IPC) in respect of a woman who is minor but there may be circumstances where more specific attention may be necessitous for dealing with the rapist of a girl child.

5. At the very outset, we must make it clear that the courts neither create offences nor do they introduce or legislate punishments. It is the duty of the Legislature. The principle laid down in Vishaka's case is quite different, for in the said case, the Court relied on the International Convention, na