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  • She Says

No Leniency To Rapist Even If Case Settled: SC

  • IWB Post
  •  July 2, 2015

Remember the story of an unwed mother who has been ordered to agree to mediation with her rapist by the Madras High Court judge?
Asking the victim to marry or to undergo any kind of negotiations with the rapist without the former’s consent is no justice. We can’t force anyone to follow this kind of judgment.

The Supreme Court has announced: “In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.”

It’s a sigh of relief.

In 2014 an apex court ruled out: “Rape is a non-compoundable offence and it is an offence against society and is not a matter to be left for the parties to compromise and settle… a compromise entered into between the parties cannot be construed as a leading factor based on which lesser punishment can be awarded.“

We agree. Justice Dipak Misra said: “We are compelled to say so as such an attitude reflects lack of sensibility towards the dignity, the `elan vital’, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility.”

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