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Supreme Court takes a tough stand on mediation in rape cases

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prasad1

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The Supreme Court on Wednesday lashed out at lower courts over settlement in rape cases, saying any such attempt for mediation is against the dignity of women. Taking a tough stand on the issue, the apex court said courts cannot take a soft approach on mediation promoting wedlock, terming "any attempt of mediation" between a rapist and a victim as illegal.


The observation by the Supreme Court came just days after the Madras High Court granted bail to a rape accused to 'mediate' with the survivor.

Justice P Devadass of the Madras High Court referred a case of the rape convict to its mediation centre to settle the matter taking note of the future of the victim, a ruling that had sparked controversy.

The victim, who was a minor when the incident took place, however said that she did not want to mediate with the culprit or marry him. She also lost her parents following the incident and gave birth to a child as well.

The decision by the Madras High Court had invited sharp criticism. A group of lawyers approached the Chief Justice of the Madras HC to urge the court to recall the order.

The Tamil State Women's Commission had called the judgement a good move, saying that it was upto the victim to take the step to reconciliate with her rapist.
http://www.ibnlive.com/news/india/s...gal-and-against-dignity-of-women-1014130.html

Justice P Devadass must be one of the Good old boys network.
 
many khap panchayats operate like this equating the victim and the victimised.

it is a mindset.

What are the options before a rape victim with a child who has lost her parents who were means for her support?

Of course the rapist can be given exemplary punishment . But what happens to the victimised girl.

Similarly Bonded agricultural labour can be released from bondage by state action .But In many cases , they cannot get alternative employment.

This is the status at ground level in india regarding social issues
 
he Madras High Court today recalled its controversial order directing mediation between a rapist and the victim days after the Supreme Court observed that it would be a "spectacular error" to adopt a soft approach on cases of rape and stated that there cannot be any compromise in such matters.

The June 23 order of Justice P Devadass directing the rapist, who was sentenced to seven years imprisonment by a trial court, to go for mediation had triggered a controversy.

In his order Justice P Devadass said, "In view of the judgement of the Hon'ble Supreme Court in State of Madhya Pradesh VS Madanlal case, the earlier order of this Court directing the parties to go for mediation is recalled. Consequently, the interim bail granted to the petitioner is cancelled."

http://www.deccanherald.com/content/488665/madras-hc-recalls-its-controversial.html
 
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