Think of awarding harsher punishment to child abuse convicts: SC to Parliament

The Supreme Court has advised Parliamentarians to think of awarding harsher punishment to the persons convicted of raping and abusing children. The court has also said that Parliament may need to think of defining the term 'child' in the context of rape.

The SC made the observation during the hearing of a plea seeking castration of child abuse convicts filed by Supreme Court Women Lawyers Association (SCWLA). The petition has contended that only castration can be an effective deterrent against these heinous crimes.

The observations made in the SC will merely be suggestions and whether the Central government chooses to accept or reject it, will only be the Centre's decision. Even if the government accepts the proposal, whether the suggestion can be turned into a law needs to be decided by Parliament.

During the hearing, the SC observed that when a law already exists for such cases, "How can we ask Parliament to make new law?"

A demand for castration of rapists was earlier turned down by the Justice Verma committee.

In October 2015, a Madras High Court bench had suggested to the Centre to consider castrating those who abused children sexually as the present law is "ineffective" in dealing with such criminals.

Justice N Kirubakaran in a strongly-worded judgement had said the "present law is ineffective in dealing with such criminals and judiciary could not keep its hands folded and be a mute spectator, especially when the recent happenings of gangrape of children across India are reported".

"The suggestion to castrate may look barbaric. But barbaric criminals needed barbaric punishment. The very thought of punishment should deter the criminal from committing the offence," the judge had observed.

"Under the banner of human rights violations, some activists who first sympathise with the victims later support the criminal also. They are placing misplaced sympathy. Human rights were applicable to the victims," the judge had said.

The judge had made the observations while dismissing a petition filed by a UK national seeking to quash sex abuse proceedings against him in a lower court.