Court recommends castration for sexual offender; The suggestion is not respecting constitution of mind and its basis in behavior : The Human Rescue Team & Research Repertory

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From: ashu kumar <aiims.ashu@gmail.com>
Date: Sat, Feb 18, 2012 at 12:32 PM
Subject: Fwd: Court recommends castration for sexual offender; The suggestion is not respecting constitution of mind and its basis in behavior so against rights of Individual : The Human Rescue Team & Research Repertory
To: supremecourt <supremecourt@nic.in>, goi cji sc of India <supremecourt@hub.nic.in>

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From: ashu kumar <aiims.ashu@gmail.com>
Date: Sat, Feb 18, 2012 at 12:31 PM
Subject: Court recommends castration for sexual offender; The suggestion is not respecting constitution of mind and its basis in behavior so against rights of Individual : The Human Rescue Team & Research Repertory
To: chairperson <chairperson@nac.nic.in>, plancom <plancom@nic.in>, vpindia <vpindia@nic.in>, speakerloksabha@sansad.nic.in, NCPRI India <ncpri.india@gmail.com>, “goi dr manmohan singh, Prime Minister of India” <manmohan@sansad.nic.in>


“The Human Rescue Team & Research Repertory thinks that application of such a recommendation will not respect the scientific basis of behavior which advocates that a favored or unfavored behavior is learned and not totally depend on individual itself so assumed culprit is itself a victim of social conditions. So it will be hardly intelligible to deprive an individual with his instincts and rights submitted to these for ever for the sack of punishment. Our repertory claims that such a treatment with the accused will go against the very sense of law which should rescue all and punishment should be targeted to improve the condition rather than harassing the accused which self may be a victim of wrong learning but our repertory is no where discouraging more intelligent treatments if aimed to care all without a bias for preferences and with an institutional formation”

News » National

Published: February 18, 2012 02:31 IST | Updated: February 18, 2012 02:31 IST NEW DELHI, February 18, 2012

Court recommends castration for sexual offenders

Staff Reporter

Sentences man to life imprisonment for raping six-year-old niece

Lamenting the absence of castration as a form of punishment for paedophiles and repeat sexual offenders, a sessions court here on Friday sentenced a man who raped his six-year-old niece to imprisonment for life. It also directed the Delhi government to grant the victim Rs. 2 lakh as compensation to be used for her medical treatment and education.

This is the second judgment in which Additional Sessions Judge Kamini Lau has sought penal laws prescribing castration as a mode of punishment for convicted rapists. On April 30 last while sentencing a man to 10-year imprisonment for raping his minor step-daughter, she had called on Indian legislatures to explore “the possibility of permitting the imposition of alternative sentences of surgical castration or chemical castration in cases involving rape of minors and serial offenders.”

‘Most befitting sentence’

In the present case, convicting Nandan, a driver by profession and father of two children, the judge said: “The message to be sent by the court has to be loud and clear, and that is ‘do not mess with a child.’ In my considered opinion, castration is the most befitting sentence which can be imposed on any paedophile or serial offender [as earlier highlighted by me in the case of State Vs. Dinesh Yadav] but the hands of this court are tied, the statute not providing for the same since the Indian legislators are yet to explore this as an alternative to the conventional sentencing. After all, society cannot afford to have live sex bombs, who if let loose are potential threat to society, particularly to women and children. The convict before this court with his track record of a compulsive sex drive requires to be kept out of circulation of society being an obvious threat to women and children including those of his own family.”

The court was also apprised of previous incidents regarding misbehaviour by the convict with other female members of his own family.

Dr. Lau said it was the primary duty of each adult member of the family particularly the males to identify, expose and act against such persons.

Keywords: sex offence

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