Castration laws: Marching towards imperfect justice

Abstract

Castration is an anthropogenic procedure by which the person loses the functions of the testicles or ovaries; it can be performed by surgery or by administering chemicals. The motivation was primarily eugenic, to weed out the “unfit” from the human gene pool. In 1996, California first introduced chemical castration under s 645 of the California Penal Code for child molestation and this legal template has spread globally to counter sexual offences. The anti-androgenic pharmacotherapy used for chemical castration includes cyproterone acetate or medroxy-progesterone acetate (Depo-Provera), which reduces testosterone levels and reduces male sexual urge and fantasies. However, the associated health hazards with anti-libido drugs put a question mark on such State sponsored penal response. Castration destroys human dignity, breaches the right of privacy and procreation and attracts the cruel and unusual punishment clause. The failed Oregon castration experiment and Moldova Court verdict in July 2013 indicate that the stage is set to right this wrong.