Madras High Court cancels its controversial order on rape

Mangalore Today News Network

New Delhi, July 11, 2015: The Madras High Court on Saturday withdrew its controversial order in which it had directed a rape victim to mediate with the accused. The High Court’s order comes days after the Supreme Court’s lashing over its ’outrageous’ ruling.

Adopting a tough stance over recent ruling by the Madras High Court judge for mediation between a rape accused and the victim, the Supreme Court on Wednesday, July 01 had termed such decisions as a compromise on the dignity of a woman.

Hearing an appeal filed by the Madhya Pradesh government in a rape case, the Supreme Court said any attempt of mediation between a rape victim and the perpetrator is thoroughly illegal. Courts cannot take a soft approach over such issues. It’s a spectacular error on the part of the court to promote any such mediation, the apex court said.

Last month the Madras High Court has granted bail to a man convicted of raping a minor girl to settle the case through mediation. The high court’s decision evoked sharp reactions on the social media.
 
The Madras High Court’s order was issued in response to an appeal and a bail plea from the convict, V Mohan, who was sentenced to seven years and slapped with a fine Rs 2 lakh by a Women Court in Cuddalore, Tamil Nadu, in 2002.
 
"In the facts and circumstances, the case before us is a fit case for attempting compromise between the parties. ’Mediation’ mode is best suited to them. Keeping the appellant inside the jail and asking him to participate in the mediation talk will not result in any fruitful result," the judgment by Justice D Devadass stated.
 
"He should be enabled to participate in the deliberations as a free man and vent his feelings, open his mind and moorings. Where there is a will, there is a way," the judgement added.

 

Courtesy: Indiatoday