Madras High Court revokes mediation ruling in rape cases
Madras HC had favoured mediation in a rape case
Chennai: In view of a recent Supreme Court observation that mediation and compromise should not be an option in rape cases, the Madras High Court has recalled its recent order directing a minor rape victim in Cuddalore district and the accused to appear before the mediation centre.
The Madras High court order had evoked widespread resentment across the country for urging mediation between the accused and the rape victim without obtaining her opinion on the issue. A section of lawyers and rights activists had vehemently opposed the move.
On July 22, 2014 additional sessions judge, Mahila Court, Cuddalore sentenced V. Mohan to seven years in jail for raping a 15-year-old minor in 2008. The victim, now 22-years-old, became pregnant and has been living along with her 6-year-old girl.
In the criminal appeal petition filed before the Madras High Court, Mohan sought direction to suspend the sentence imposed by the Sessions court and to enlarge him on bail. On June 18, Justice P .Devadass directed Mohan of Vridhachalam, Cuddalore district and his victim to appear before the Mediation Centre at the Madras High Court campus.
Even though the victim rejected the offer, the State Legal Services Authority sent a letter to her to appear for mediation on July 13.The girl, who was residing in her native village till the announcement of the verdict, has been shifted to a Home in Chennai to keep her away from all the media attention.
Meanwhile, the Supreme Court in the State Of Madhya Pradesh Vs Madanlal on July 1, 2015 said, “When a human frame is defiled, the ‘purest treasure’, is lost. 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.”
( Source : deccan chronicle )