Apex court heaps scorn on mediation offer in rape cases

In a strict warning to courts to desist from offering mediation or settlement in rape cases, the Supreme Court (SC) on Wednesday held that such negotiations in cases involving rape are legally impermissible and violated a woman’s dignity and honour.

It also asked the courts to be wary of requests by rapists to marry the victim in order to escape a harsh punishment. “Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility…such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman,” the Bench of Justices Dipak Misra and PC Pant said.

The top court’s order comes a week after a shocking decision passed by a Madras High Court judge who released a rape accused on bail in order to “mediate” with the victim, a minor girl who gave birth to a child as a result of the crime.

Dealing with a similar case from Madhya Pradesh where the High Court let off the rapist on a lenient charge after he offered to “compromise” with the rape victim, who is a minor, the Bench said, “These are crimes against the body of a woman which is her own temple. 

These are offences which suffocate the breath of life and sully the reputation, the richest jewel one can conceive of in life….No one would allow it to be extinguished.”

The Bench warned courts not to entertain any request for settlement or compromise. “There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.” The SC struck down the MP High Court order and asked it to hear the case again. It ordered the police to re-arrest the rapist who will face trial. 

The accused Madan lal was charged under Section 376(2)(f) read with Section 511 of the Indian Penal Code (IPC) dealing with rape of a minor girl and was punished with rigorous imprisonment of five years by the Sessions Judge, Guna for a crime that took place on December 27, 2008.