SUPREME COURT WOMEN LAWYERS ASSOCIATION Vs. UNION OF INDIA AND ANOTHER
LAWS(SC)-2016-1-78
SUPREME COURT OF INDIA
Decided on January 11,2016

Supreme Court Women Lawyers Association Appellant
VERSUS
UNION OF INDIA AND ANOTHER Respondents

JUDGEMENT

- (1.) 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 of India 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. Prerna 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 of India, 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 legislature can appositely respond to the collective cry.
(3.) Learned senior counsel has drawn inspiration from the decisions Vishaka & Ors. v. State of Rajasthan & Ors., 1997 AIR(SC) 3011. and Sakshi v. Union of India & Ors., 2004 AIR(SC) 3566. to stress the point that this Court can always lay the guidelines in the said regard. Additionally, learned counsel for the petitioner highlighting the fundamental value of human rights and dignity of the children submitted that when a child is born, thought of the Creative Intelligence or Almighty comes into action. It is canvassed by her that when a child sees the mother earth it is a grace to the human race but unfortunately the life span of a girl child is guillotined before it blossoms because of unimaginable carnal desire of some.;


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