Supreme Court Rules Madras HC Judgement and Held Mediation In Rape Cases Is a “Spectacular Error”

Asking for settlement in rape case is a spectacular error, says Supreme Court. Supreme court lashes out on madras high court decision granting a interim bail to rape accused for mediation with the victim .The recent judgement of Madras high court to grant interim bail to accused rapist to initiate a mediation process with the rape victim spurs a huge Criticism from across the Indian society . It eventually made women to think what kind of a justice is this, where a woman is asked to accept a man, who had left you broke, shattered and shamed? How can you ask her to let him touch her again in her will, when he had touched a hundred times against that will? How can you ask her child to call that man a ‘father’, when he has shamed the very face of humanity?       On june 24 , 2015 a Madras High Court judge, Justice D Devadass granted interim bail to accused V Mohan to initiate a mediation process with the rape victim, who was a minor at the time of the incident and now bears a child from the unfortunate event in 2002.

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According to the reports ,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.Adopting a tough stance over recent reports of a high court judge passing an order for mediation between a rape accused and the victim, the Supreme Court on Wednesday termed such decisions as a compromise on the dignity of a woman.Asking for settlement in rape cases is spectacular error by courts, says Supreme Court.

step father sexually assaults her daughter

The Supreme Court’s decision comes just days after the Madras High Court gave 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.

“The victim-girl has become mother of a child. But as on date, she is nobody’s wife. So she is an unwed mother. Now there is a big question mark looming large before the girl as well as her child, who is completely innocent,” the judge said.The survivor, who was 15-years-old when she was assaulted, has told the media that she is not interested in reaching any kind of compromise with the man.

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