Justice N. Kirubakaran also directed the Union government to decide on introducing compulsory sex education for high school students.

In yet another strongly worded judgment from the Madras High Court, a judge has suggested that the Central government consider castration as an additional form of punishment for child sex abusers.

“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 of the recent happenings of horrible blood-curdling gang rapes of children in various parts of India,” Justice N. Kirubakaran said in a recent order. He said castration for child rapists would fetch “magical” results in preventing child abuse.

The judge said this while dismissing a petition by the accused, a British national, who sought the quashing of the proceedings against him in a lower court.

The judge further said that “though the suggestion of castration looks barbaric, barbaric crimes should definitely attract barbaric models of punishment” and the very thought of the punishment should deter the culprit from committing the offence.

Anticipating a reaction to his judgment, he said: “Those activists should first exhibit sympathy with, and support to, the victims of such crimes by visiting and consoling them at the hour of crisis instead of having misplaced sympathy with the perpetrators under the usual banner of ‘human rights violation’.

They must remember that ‘human rights’ is not a term restricted to, and reserved only, for offenders.”

He also directed the Union government to decide on introducing compulsory sex education for high school students.

“Denying youngsters correct and scientific information would lead [them] to acquire half-baked and incorrect knowledge from other sources, like Internet, friends and movies, creating misconception and doubts.”

Taking note of the number of cases of foreigners abusing children, the judge referred to the International Child Protection Certificate (ICPC) developed by the United Kingdom to protect children and said the visa form issued by the Indian Embassy had to be amended with the provision of a column requiring the applicants to give the details of convictions, actions warranting reprimands and impending cases.

According to the prosecution in the present case, the British national, had sexually abused a 15-year old student in 2011, after befriending the family by promising the mother that he would support her son’s education. The accused eventually took the Class 9 boy to Delhi, where he allegedly abused the victim, including attempts to have sexual intercourse. After the Briton left for London, with the help of the Justice and Care Organisation, the victim filed a complaint on the incident, following which a case was registered under relevant sections of the IPC and Juvenile Justice Protection Act.

After the Judicial Magistrate took cognisance of the case in 2012, following the filing of the final report, the accused moved the court seeking to quash the proceedings against him. Following the issuance of the non-bailable warrant against him, a red alert was issued against the accused by the Interpol.

The accused contended that the notice was preventing him from coming to India to defend the case. The judge has dismissed his plea to quash the proceedings against him but stayed the red corner notice so that he can come to India to appear before the trial court and face the case.