Chemical Castration- A Suitable Punishment for the Pedophiles?
National Law School of India University, Bengaluru
In this paper, the researcher attempts to consider Chemical Castration as an alternative punishment for pedophiles. This paper aims to cater problem of child sexual abuse, by sterilizing repeated sexual offenders who are have are engaged in child sexual abuse as an obsession, as a disease. Part I of this paper focuses on advantages of Chemical Castration over other kinds of punishments prescribed for child sexual abuse. Part II, deal with possible constitutional arguments against Chemical Castration, and proposes counter arguments. One of the important factors in determining a punishment is to analyze the proportionality aspect of the punishment and the same is dealt in Part III. Part IV deals with possible drawbacks of implementing this newly proposed punishment. Research concludes by emphasizing that it is necessary to have different punishment for child sexual offenders because they have more grievous impact on their body and mind than adults. Additionally, researcher wants to convey that the reason Chemical Castration could be an alternative punishment is because it is not punishment per se but more like treatment. Considering all these benefits, which over weigh the shortcomings, Chemical Castration, as a punishment needs to be given valid consideration.