Assam: Gauhati HC rejects PIL seeking 'castration' for sexual offenders

Guwahati: The Gauhati High Court on Tuesday has rejected a Public Interest Litigation (PIL) that sought to mandate 'compulsory castration' for individuals convicted of gang rape, rape-murder, and sexual assault of minors.

Advocate Reetam Singh, who filed the petition, urged the court to direct the Assam Government to enact stringent laws introducing castration as a punishment for specific categories of sexual offences. He argued that such measures could serve as a powerful deterrent against rising sexual crimes in the state.

However, after reviewing the petition, the division bench concluded that the court could not grant the reliefs requested. “After considering the facts, materials on record, and the nature of the reliefs sought, we find no grounds to issue such directives,” the bench observed.

The PIL also proposed several other measures, including:

• Free distribution of pepper spray to school girls and subsidized rates for women.
• Formation of a committee to study rising rape incidents and the low charge-sheeting rate in Assam.
• Implementation of a law similar to Andhra Pradesh’s Disha Act to fast-track sexual offence cases and enforce stricter penalties, including the death penalty.

In response, the Assam Police, through an affidavit submitted by the Director General of Police, outlined numerous initiatives already in place to address crimes against women and children.

The affidavit highlighted:

• The establishment of 320 Women Help Desks across police stations.
• The launch of the Sishu Mitra Resource Centre, in collaboration with UNICEF.
• Active monitoring of POCSO cases and other serious offences.
• Statewide awareness campaigns through social media, focusing on cyber crimes and gender-based violence.
• Distribution of investigation handbooks and SOPs for police handling sensitive cases.

The police maintained that they treat crimes such as rape, child sexual abuse, trafficking, and murder with the highest priority and ensure time-bound investigations.

Rejecting the petitioner’s plea for Assam to adopt laws modeled on other states like Andhra Pradesh or Telangana, the High Court further emphasized that crime prevention strategies must align with local realities.

“Each state faces unique social challenges. Policies effective in one region may not suit another. Therefore, it is not appropriate to compel Assam to adopt schemes from other states,” the court ruled.

Ultimately, the court dismissed the PIL, stating that Assam already had adequate mechanisms and policies in place to combat sexual crimes and protect women and children.