Gauhati High Court Rejects PIL Seeking 'Compulsory Castration' Of Rape Convicts

The Gauhati High Court has dismissed a PIL seeking direction to the Assam Government to bring in laws to introduce the punishment of compulsory castration of individuals involved in the crime of gang rape, rape and murder along with rape of minors, to make such punishment deterrent against heinous rape crimes, among other prayers.

The Court observed,

“Having heard the learned counsel for the petitioner as well as after going through the materials available on record and after taking into consideration the reliefs sought for in this PIL petition, such as, to direct the State Government to bring in laws to introduce the punishment of compulsory castration of individuals involved in the crime of gang rape (all ages), rape and murder (all ages) along with rape of minors, we are of the view that the reliefs prayed for in the PIL petition cannot be granted on the pleaded facts and the materials placed on record.”

The Court was hearing a PIL filed by Advocate Reetam Singh with the following prayers:

• “To apprise the Hon'ble Gauhati High Court on the present status of rape crimes in the state of Assam, along with the various stages of investigation, inquiry and trials of such crimes.
• That this Hon'ble Gauhati High Court may be pleased to form a Committee to investigate the reasons for the increasing number of rape crimes in Assam and the low rate of charge sheeting in Assam and suggest further measures to make Assam safer for women and children.
• To direct the Government of Assam to bring in laws similar to the Andhra Pradesh Disha Act - Criminal Law (Andhra Pradesh Amendment) Act 2019 in the state of Assam to effectively control the sexual offences against women and expeditiously try such cases with death penalty.
• To provide Pepper Sprays to School girls free of cost and at subsidized rate to women in the state of Assam.
• To direct the Government of Assam to bring in Laws to introduce the punishment of compulsory castration of individuals involved in the crime of gang rape(all ages), rape and murder (all ages) along with rape of minors to make such punishment deterrent against heinous rape crimes in the State of Assam.”

The Director General of Police, Assam Police Headquarters (respondent No.3) filed a counter affidavit detailing out the measures adopted by the State of Assam in consonance with its policy to maintain zero tolerance towards crimes committed against women and children. Some of the major points stated in the said affidavit are as follows:

• Assam police is very active on the Social Media platforms to generate social awareness campaign in various aspects of crime in general and also for crime against women and children in particular.
• A Total number of 320 Women Help Desks have been set up in the State to make the Police Stations more women friendly and approachable. The Women Help Desk is the first and single point of contact for any women walking into a Police Station. The officials of Women Help Desk are perfectly trained to manage any type of women related cases being registered in the Police Station.
• Sishu Mitra Resource Centre (SMRC), set up under the aegis of Assam Police Sishu Mitra program in collaboration with UTSAH -Child Rights Organisation and UNICEF, for enhancing the capacity of investigating officers of child related cases, is constantly providing guidance and support to the investigating officers of Assam through the helpline numbers to ensure justice to the child victims.
• CID Headquarters, Assam Police is monitoring POCSO Act cases as well as cases related to Crime against Women and Children to ensure proper supervision for thorough investigation of such cases in compliance with law so that the cases are brought to logical conclusion in the stipulated time frame.
• Social media campaigns have been also launched for creating awareness related to crime against women and children with special emphasis on cyber-crime incidents.
• Heinous crimes against women and children such as rape, murder, child sexual abuse trafficking etc. are accorded top priority and therefore, proper monitoring of such cases are carried out for ensuring time bound investigations. The reason for so many such cases have resulted in conviction including death penalty in many important cases in the recent past.
• CID Headquarters, Assam Police has published a "Handbook for Investigating Officers of Crime against Women and Children" and it has been circulated to all the Police Stations in Assam also a Compendium of SOPs, Circulars and Guidelines on Investigation and Prosecution was compiled by CID Hdqrs. and circulated.

The petitioner insisted that the schemes launched by the other States, such as Andhra Pradesh, Telengana, be also directed to be adopted by the State of Assam and has also prayed that the amendment bill in the name of Aparajita Women and Child Bill (West Bengal Criminal Laws and Amendment), 2024 be also introduced in the State of Assam.

“Every State has its own challenges in tackling the crimes against society including crime against women and children. A scheme introduced or implemented by a particular State is always not necessarily be effective in another State. Any scheme for tackling crimes in a particular State is formulated and implemented after taking into consideration the ground realities of that State. In such circumstances, no such directions can be issued that the State of Assam may implement or adopt a Scheme of other States for tackling the crimes against women and children,” the Court said and dismissed the PIL for being without any merit.

Citation: 2025 LiveLaw (Gau) 21