SC RULINGS :NO TO CRIME AND COMPROMISE

A PATRIARCHAL VIEW : Madras High Court Judgement on Issue of  resolving in a Rape Case 

Is It Sensitivity towards Women Security &Concerns? Is Mediation is a Way of resolving a Convicted Rapist? Is it Judicial Insensitivity? Is It a Way of Penalizing the Convicted in Rape Case?..

All above concerns being need to be stated.The indefensible order by High court to opt for mediation between perpetrator and victim; as it might  revoke and spread agitation towards Madras high court verdict. It is must be immense concern, under what circumstances to high court stated in this case. However, The Supreme Court rulings are very clearly and well structured in such circumstances. As the Supreme Court are always stated in context to safeguarding fundamental rights and work within constitutional framework.

The Supreme Court reiterated amply towards offers of marriage or forms of financial compromise cannot be applied in rape cases. The supreme court’s ruling defines that courts shall not fall on subterfuge in due course of rape cases. It also denies that parents of girl the right to arrive at a compromise with rapist. Although Supreme Court number of times re-iterated sharply on thought of mediation in a rape case “As completely sans legal permissibility”.

Also it need to know that the amendment to criminal law made in 2013, Section 376 of IPC (Punishment of rape) had allowed judges to award lesser prison terms &has been omitted therefore categorically apex court ruled out the provision of such leniency in subject of interest of graver concern and justice.

The conviction rate in our country is low in a cases of rape. The result arises due to lack of evidences, political pressure, police inaction or lenient way of handling issue, and social fear factors getting exposed to defame in society. The Crime and Compromise in itself never sustained together or feasible to clearly unjustified.

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