SC says rapist-victim mediation illegal; terms Madras HC order ’spectacular error’

Mangalore Today News Network

New Delhi, July 01, 2015: The Supreme Court on Wednesday observed that a woman’s body is her temple and there should be no mediation and no compromise in rape cases.

While hearing the case the apex court maintained that courts cannot take a soft approach on the issue, the bench described as a spectacular error and lack of sensitivity on the part of a lower court which had allowed a rapist to go scot free by accepting an agreement on wedlock.

An apex court bench headed by Justice Dipak Misra said any any approach of settlement in a rape case is against dignity of a woman.

The order came while accepting the Madhya Pradesh government’s plea challenging a lower court’s acquitting a man accused of rape.

The top court’s order comes a week after Madras High Court Justice P Devadass referred a case of a rapist, who was awarded seven years imprisonment by a trial court, to its mediation centre to settle the matter taking note of the future of the victim, now a mother of a child.

Justice P Devadass, holding that alternative dispute resolution such as mediation is now being used in criminal cases said, "In fact, even in Islam, Hinduism and Christianity there are instances of solving the disputes in a non-belligerent manner. The result of it is very good because there is no victor, no vanquished."

Granting interim bail to the accused Mohan, the judge in his order said he has already referred a similar matter in February for mediation which has yielded a good result and nearing happy resolution.

The judge referred the matter to the mediation centre attached to the High Court and said Rs 1 lakh should be deposited as fine by Mohan and it should be kept in Indian Bank, Thittakudi, Cuddalore District as a fixed deposit in the girl’s name and granted interim bail enabling Mohan to attend the mediation.

The judge also directed the advocates appearing on both sides to assist the mediators in this case.

Justice Devdass’ ruling had come under huge criticism with many legal eagles termed the order as "illegal" and "unwarranted".

Retired Delhi High Court judge, Justice SN Dhingra termed the Madras HC order that has given opportunity to a man found guilty by the trial court of raping a minor, to "settle" the matter with the victim by mediation as "illegal", "unwarranted" and "unethical".

Senior lawyer Indira Jai Singh vehemently criticised the order and said the Madras HC judge ignored the rulings of the Supreme Court that "rape cases cannot be compromised".

 

Courtesy: Zeenews