Rape crime is not negotiable, say lawyers on bail for TN rapist

Madras HC judge’s order of mediation in rape case blasted by activists and lawyers

shivani

Shivani Chaturvedi | June 26, 2015


#madras   #high court   #rape   #rapist   #mediation   #devadass   #women  

Lawyers and women's rights activists have termed the order as unacceptable and shocking. These are public reactions against the controversial order of justice P Devadass of the Madras high court in a rape case. Early this week justice Devadass accepted the bail of a rapist and directed him to mediate with his victim.

Advocate Ajtha of Madras high court says, "It is a complete injustice in the particular case. The case is not in a position to come to table for mediation. This order only shows inefficiency of courts."

"Article 14, which says, equality before law and that all people should be treated equally, is not unknown to this judge. Would this judge given the same statement had the victim been from any rich or influential family?" she asks.

When it comes to poor people, judges' verdicts are different, the advocate said.

"Rape is an inexcusable crime. It is not an offence that can be negotiated away,” said senior advocate and rights activist Sudha Ramalingam.

“Unfortunately, there have been several instances through the years where the courts have tried to mediate and find 'solutions' including marriage of the victim to the rapist, or compensation to the victim, in lieu of imprisonment. Criminal law regards rape as a serious offence and does not allow for compounding, i.e. withdrawal of the case by the victim," Sudha said.

The Madras high court has again recommended alternate dispute resolution (ADR) in a case of rape. The decision of justice Devadoss appears to endorse negotiation, or mediation in case of rape. In his judgment, he states that the true victim of the crime is actually the child that the victim gave birth to. Therefore, the court has suggested that through alternate dispute resolution, the accused and the victim find an amicable solution which would then be used to mitigate the sentence of imprisonment. For this reason, the court had released the accused on bail, she adds.

ADR is only suitable for civil cases where essential rights of individuals are not at stake, Sudha says. Serious offences such as rape are not amenable to plea bargaining, or compounding. Whilst so, referring this case to mediation sets a dangerous and undesirable precedent.

It must be remembered that crimes against women were, until recently, regarded as taboo topics, never to be discussed in public or even dealt with seriously. Looking at them through the lens of shame rather than rights had resulted in serious underreporting and also witnesses (including survivor of crime herself) turning hostile resulting in acquittals. It has been a long uphill battle to raise awareness and sensitise the public as to the seriousness and scale of violence against women. Given this history, it is regressive to endorse ADR in case of rape as it appears to trivialize the underlying offence, she said.

Comments

 

Other News

Report of India’s G20 Task Force on Digital Public Infrastructure released

The final ‘Report of India’s G20 Task Force on Digital Public Infrastructure’ by ‘India’s G20 Task Force on Digital Public Infrastructure for Economic Transformation, Financial Inclusion and Development’ was released in New Delhi on Monday. The Task Force was led by the

How the Great War of Mahabharata was actually a world war

Mahabharata: A World War By Gaurang Damani Sanganak Prakashan, 317 pages, Rs 300 Gaurang Damani, a Mumbai-based el

Budget expectations, from job creation to tax reforms…

With the return of the NDA to power in the recently concluded Lok Sabha elections, all eyes are now on finance minister Nirmala Sitharaman’s full budget for the FY 2024-25. The interim budget presented in February was a typical vote-on-accounts, allowing the outgoing government to manage expenses in

How to transform rural landscapes, design 5G intelligent villages

Futuristic technologies such as 5G are already here. While urban users are reaping their benefits, these technologies also have a potential to transform rural areas. How to unleash that potential is the question. That was the focus of a workshop – “Transforming Rural Landscape:

PM Modi visits Rosatom Pavilion at VDNKh in Moscow

Prime minister Narendra Modi, accompanied by president Vladimir Putin, visited the All Russian Exhibition Centre, VDNKh, in Moscow Tuesday. The two leaders toured the Rosatom Pavilion at VDNKh. The Rosatom pavilion, inaugurated in November 2023, is one of the largest exhibitions on the histo

Let us pledge to do what we can for environment: President

President Droupadi Murmu on Monday morning spent some time at the sea beach of the holy city of Puri, a day after participating in the annual Rath Yatra. Later she penned her thoughts about the experience of being in close commune with nature. In a message posted on X, she said:

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter