LexSUPREME COURT WOMEN LAWYERS ASSOCIATION versus UNION OF INDIA & ANR.
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[2016] I S.C.R. 207 SUPREME COURT WOMEN LAWYERS ASSOCIATION A (SCWLA) v. UNION OF INDIA & ANR. (Writ Petition (Civil) No.4 of 2016) JANUARY 11, 2016 [DIPAK MISRA AND N. V. RAMANA, JJ.] Constitution of India, 1950 - Art. 32 - Remedies for enforcement of rights conferred by this Pan - Rape and abuse of a girl child - Writ petition to consider imposition of chemical castration as an additional punishment for such child abusers - Held: A child, B c a glorious gift to mankind, cannot conceive of any kind of carnal desire in man - Once she becomes a victim of such a crime, there is disastrous effect on her mind - Mental agony lasts long, sorrow and fear haunt forever - Therefore, there is need to take steps for D stopping this kind of child abuse - This Court cannot provide a higher punishment - It can only suggest to the Legislature - /PC provides punishment for the offence of rape but has not defined the term 'child' - There is a need for defining the term 'child' in the context of rape and thereafter, provide for more severe punishment E in respect of the culprits who are involved in this type of crime - Distinction can be drawn between the girl children and the minor, may be by fixing the upper limit at 10 for the girl children - Suggestion made that Parliament would "respond to the agony of the collective, for it really deserves consideration - Penal Code, 1870 - s. 376. Vishaka & Ors. v. State of Rajasthan & Ors. 1997 (3) Suppl. SCR 404 : (1997) 6 SCC 241; Sakshi v. Union of India & Ors. 2004 (2) Suppl. SCR 723 : (2004) 5 SCC 518; Mano} Narula v. Union of India (2014) 9 F SCC 1; S. Go pal Reddy v. State of A.P. 1996 (3) Suppl. G SCR 439 : (1996) 4 SCC 596 - referred to. Case Law Reference 1997 (3) Suppl. SCR 404 2004 (2) Suppl. SCR 723 Referred to. Referred to. 207 r Para 3,5,7. Para 3,8,16. H 208 SUPREME COURT REPORTS (2016] l S.C.R. A (2014) 9 sec 1 Referred to. Referred to. Para 6. Paras 1996 (3) Suppl. SCR 439 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 4of2016 B Under Article 32 of the Consitution of India. c D E F G H Mahalakshmi Pavani, Shiva Vijaya Kumar, Anita Bafna, Prema Kumari for the Appellant. Mukul Rohtagi, AG for the Respondents. The Order of the Court was delivered by DIPAK MISRA, J. l. 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 psychographically 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 oflndia 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. Prema 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 oflndia, 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 SUPREME COURT WOMEN LAWYERS ASSOCIATION 209 (SCWLA) v. UNION OF INDIA [DIPAK MISRA, J.] legislature can appositely respond to the collective cry. A 3. Learned senior counsel has drawn inspiration from the decisions rendered in Vishaka & Ors. v. State of Rajasthan & Ors.1 and Sakshi v. Union of India & Ors.1 to
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