Supreme Court Rules Against Mediation Between Rapist and Victim
The apex court
NEW DELHI: The Supreme Court of India in a landmark judgement has ruled out ‘mediation’ between a victim and the rapist.
"The conception of compromise, under no circumstances, can be thought of in a case of rape or attempt to rape,” said a bench of Justices Dipak Misra and P C Pant.
The bench further said, "Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour, which matters the most. Any kind of liberal approach or a thought of mediation in this regard is thoroughly and completely sans legal permissibility.”
The judgement is in stark contrat to last month's judgement of the Madras High court where Judge D Devdas allowed bail for a rapist V Mohan, to ‘mediate’ with the victim. The judge along with the women’s association of the state thought it the best way of rehabilitating the victim.
The judgement in support of bail at the time had stated, " Mediation mode is the 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 victim was a teenager when she was raped by Mohan, a graduate student. She now has a six year old daughter from the rape. She subsequently ruled out the possibility completely in interviews to the media.
Speaking for the dignity of the women the SC said, "Such an attitude (favouring mediation) reflects lack of sensibility towards the dignity and the elan vital of a woman… it ruptures the sense of justice and punctures the criminal justice dispensation system."