Lok Sabha Question No. 847 (UNSTARRED), answered on 2015-12-03
Subject: Implementation of Court Judgements
Ministry: LAW AND JUSTICE
Asked by: MUTHAMSETTI SRINIVASA RAO (AVNTHI), JAYADEV GALLA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK    S A B H A

## UNSTARRED QUESTION NO.847

## TO BE ANSWERED ON THURSDAY, THE 3 RD DECEMBER, 2015.

## IMPLEMENTATION OF COURT JUDGEMENTS

847.SHRI MUTHAMSETTISRINIVASA RAO (AVANTHI):

SHRI JAYADEV GALLA:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Government  is  aware  of  the  recent  judgement  of  Madras  High Court suggesting castration as punishment for child rapist as being followed in certain other countries;
- (b) if so, the details thereof and the reaction of the Government thereto;
- (c) whether the Government is aware of the recent judgement of Lucknow Bench of Allahabad High Court ruling that the child born out of rape has inheritance rights in the property of the biological father;
- (d) if so, the details thereof and the reaction of the Government thereto; and
- (e) whether  the  Government  proposes  to  bring  any  legislation  to  implement  the aforesaid  court  orders  and  if  so,  the    details  thereof  and  if  not,  the  reasons therefor?

## A N S W E R

## MINISTER OF LAW AND JUSTICE (SHRI D. V. SADANANDA GOWDA)

- (a)and (b) th

The  High Court of  Madras  in its judgement dated the 16 October,  2015  in  the  case  of  Jonathan  Robinson  Vs  The Inspector of Police (Crl. O.P (MD) No. 11735 of 2014 and MP(MD)  Nos.  1  to  8  of  2014)  has, inter  alia, directed  the Central Government to consider the suggestion of 'castration'  to  child  abusers,  particularly  child  rapists,  as additional  punishment  apart  from  other  punishments    under the Protection of Children from Sexual Offence Act, 2012(32 of  2012),  Indian  Penal  Code, 1860  and  the  Juvenile  Justice (Care and Protection of Children) Act, 2000 (56of 2000) etc., in view of abnormal increase in Childs abuse cases'.

- (c)and (d) The High Courtof Allahabad (Lucknow Bench)in its judgment dated the 3 rd November, 2015 inthe case of 'A' V/s State  of  U.P  and  Others  (Writ  Petition  No.  8210  (M/B)  of 2015 has not given any such ruling but inparas 73 and 75 of its judgement, it has observed as under:-

'73.  We  may  observe  here  that  in  the  matter  relating  to inheritance, the manner of birth of a person is irrelevant; the rights of  inheritance  of  a  person  are  governed  by  the Personal  law  to  which  the  person  is  subject  irrespective  of the  manner  of  birth  of  the  person.  It  is  irrelevant  as  to whether the newly born child of a rape victim is born out of consensual sex or otherwise. It is thus noted that the rights of inheritance of the newly born child would be governed by her Personal law and for that purpose she would be treated as an illegitimate child of her biological father'.

'75. There is yet another aspect of this matter. Therights of inheritance  in  the  property  of  a  biological  parent  is  a complex  Personal  Law  right  which  is  guided  by  either legislation or custom. It may not be possible to judicially lay down any norm or principle for inheritance by a minor who is born as a result of rape. Such attempt by the Court would amount to legislation by judicial pronouncement and would operate as precedent in times to come. It would not therefore be  desirable  to  venture  into  this  field  and  accordingly  we leave it open for the appropriate legislature to deal with this complex social issue.'

- (e) At  present,  no  proposal  is  under  the  consideration  of  the Government in this regard.

(c)

(c)