SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2015 Supreme(Mad) 3201

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.KIRUBAKARAN, J.
xxxxxxxxx (Name withheld) - Petitioner
Versus
State represented by Inspector of Police & Ors. - Respondents
Crl.O.P.(MD)No. 11735 of 2014 and MP(MD) Nos.1 to 8 of 2014
Decided On : 16-10-2015

Advocates Appeared:
For Petitioner:Mr.Shanmugasundaram, Senior Counsel for Mr.Ravi Mr.Karthikeya Venkatachalapathi for Impleading Petitioner in M.P.No.8/2014
For Respondents:Mr.A.P.Balasubramanian Govt. Advocate (Crl.Side) for R1 Mr.Sadhana Abraham for M/s.Rajiv Rufus for R2 Mr.G.Rajagopalan, Additional Solicitor General Assisted by Mr.G.R.Swaminathan Assistant Solicitor General for R3.

ORDER

“CASTRATE CHILD ABUSERS” Blood curdling, horrific, sadistic, terrifying, shocking, cruel and brutal gang rapes of toddlers in New Delhi, in October, 2015 would definitely justify this Court to suggest “castration” as an additional punishment for “child abusers”, especially, “child rapists”. This Court could foresee that the suggestion of “castration” would be surely condemned, censured and criticised as “barbaric, punitive, draconian, cruel, retrograde, stone aged, cannibalistic, inhuman, etc.”. Inspite of many penal laws and the recent POSCO Act, 2012 prescribing severe punishment for crimes against children, the number of such cases has increased from 38, 172 in 2012 to 58, 224 in 2013 and to 89, 423 in 2014. When law is ineffective and incapable of addressing the menace, this Court cannot keep its hands folded and remain a silent spectator, unmoved and oblivious to the recent happenings of horrible blood curdling gang rapes of children in various parts of India. It would not only be injustice done to the child abuse victims, but would also amount to violation of the oath taken by this Court. This Court is sure that additional punishment of castration of child rapists would fetch magical results in preventing and containing child abuses.

2. This Court is aware that there would be a big hue and cry by people, who claim themselves to be “Human Rights Activists”, if the punishment of “castration” is brought in. But, those activists are mostly concerned with the alleged human rights violation of offenders/culprits/perpetrators of crime, unmindful of physical, psychological and the emotional trauma, suffering, agony and sorrow undergone by the victims in the hands of the culprits. Those activists should first exhibit sympathy and support to the victims of such crimes by visiting and consoling them at the hour of crisis instead of having misplaced sympathy on the perpetrators under the usual banner of “”Human Rights violation”. They must remember that “Human Rights” is not a term restricted and reserved only for offenders.

3. It is shocking to hear that a toddler, aged about 4 years, was brutally gang raped by four devilish perpetrators in New Delhi on 9th October, 2015 and she got injuries all over her body, particularly, on her private parts and had been bleeding profusely.

4. The are a few of the cases of abuse of children, ranging from 11 months to 10 years, reported in the Media in 2015 alone would fortify the existence of inefficient Police Administration and ineffective laws and shock one and all in the so-called civilized society;

* A 11 month old infant was raped by a 14 year old Jaithari Town, Madhya Pradesh in the first week of September, 2015.

* A 3 year child was raped in Gurgaon on 13.06.2015.

* A 3 year child was raped in Gittikhandar, Nagpur, in 2015,

* A 3 year child was raped in Pillaji Village, South Delhi on 13.06.2015,

* A 4 year child was raped by an autodriver in Palarivattom, Kochi in July, 2015,

* A 4 year child was raped and murdered in Kanpur on 16.05.2015,

* A 5 year child was raped in Panaji, Goa before Ist June, 2015,

* A 6 year child was raped in Mahatmapule Nagar slums in Thane on 01.09.2015,

* A 6 year child was raped in Ahmedabad on 19.08.2015,

* A 6 year child was raped by a 13 year old in Kalamna, Nagpur ;on 12.09.2015.

* A 7 year child was raped and murdered in Elulru, Andhra Pradesh on 16.06.2015.

* A 10 year child was raped by a School Teacher in Mapusa, Goa on 19.08.2015,

* A minor child was raped; in Dimapur in March, 2015,

* A minor child was raped by three sailors in Navy Nagar, Mumbai, in July, 2015,

* Two minor girls were raped in New Alipore, Kolkatta, on 19.03.2015,

5. Apart from many native Monsters, Foreign Monsters are also stated to be regularly landing in our land to abuse our children. The facts of the case before this Court, is about a Foreign Monster, who is alleged to have abused a child in 2011.

6. The victim of this case is aged about 15 years at the time of alleged inc



















































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top