Madagascar New Law: Will Child Rapists Undergo Castration?

On February 2, Madagascar parliament passed a strict punishment for those accused of raping children. The new law allows chemical, and in some cases, surgical castration of those found guilty of raping children. This will be combined with strenuous imprisonment which might last throughout life. Read on to learn more about this new law undertaken to curb the rising cases of child sexual abuse in Madagascar. 

As per the reports, the parliament passed this law on February 2 and the Senate has also given its approval last week. However. it is yet to be ratified by the High Constitutional Court and turned into law by the sign of President Andry Rajoelina.  

As per the law, surgical castration will be pronounced for those guilty of raping a child under 10 years of age. In cases of rape against children between the ages of 10 and 13, surgical or chemical castration will be pronounced. However, in the rape cases of children between 14 and 17, the rapist will be punished by chemical castration. Along with castration, the sex offenders will also have to undergo imprisonment which might last throughout their life. 

The menace of child rape cases in Madagascar

While passing the law, Justice Minister Landy Mbolatiana Randriamanantenasoa said that it is a necessary move keeping in mind the increasing number of child rape cases. In 2023, 600 cases of rape of minors were recorded in Madagascar. Moreover, 133 cases have already been recorded in January 2024.

The United Nations Children's Fund and other NGOs have often highlighted the increasing cases of child sex abuse in Madagascar. Some NGOs have claimed that the actual number of child rape cases is higher than the official figure as most of them are not reported because of the taboo around rape. A large number of child rape cases are incestuous.  

Randriamanantenasoa added, "Madagascar is a sovereign country which has the right to modify its laws in relation to circumstances and in the general interest of the people...The current penal code has not been enough to curb the perpetrators of these offences."

"We wanted to protect children much more. The younger the child, the greater the punishment," Randriamanantenasoa added. 

Several countries and some U.S. states like California and Florida have chemical castration as a punishment for some sex offenders. However, surgical castration or the use of both types of castration is very rare. 

Opposition to the law by the rights group

The rights group Amnesty International criticised the new law as "inhuman and degrading treatment"  that is not in line with the country's constitutional laws. Nciko wa Nciko, an adviser for Madagascar at Amnesty said that the law should focus on protecting the survivors. He added, "On the island, complaint procedures and trials are not carried out anonymously. There is a lack of confidence in the Malagasy criminal justice system, due to opacity and corruption. And reprisals against rape victims are frequent. However, the law does not combat these factors." 

He also said that surgical castration will not be right if the one who undergoes the procedure is later exonerated of the crime on appeal. Nciko also expressed doubts about the capability of the medical institutions to perform such procedures. 

Support from the activists in Madagascar

Amidst the criticism, activists within Madagascar support the new law. Jessica Lolonirina Nivoseheno of the Women Break the Silence group said, "There really is a rape culture in Madagascar. We are in the process of normalizing certain cases of sexual violence, also minimizing the seriousness of these cases." She also added, "(The new law) is progress, because it is a deterrent punishment. This could prevent potential attackers from taking action ... but only if we, as citizens, are aware of the existence and importance of this new penalty."