Give regard to rape victim’s wish to marry rapist: CJI
New Delhi, March 7 (IANS) In a radical suggestion, India’s Chief Justice K.G. Balakrishnan Sunday said that judges, lawyers and social activists should give “due regard” to the wishes of a rape victim if she chooses to marry the rapist or have the baby conceived from the crime.
“Judges, lawyers and social activists should also ensure that they do not take an overtly paternalistic approach when they have to make decisions for the welfare of rape victims,” he said at a seminar here.
“Due regard must be given to their personal autonomy since in some cases the victim may choose to marry the perpetrator or choose to give birth to a child conceived through forced intercourse,” he said.
He was speaking at the seminar on “Access to Justice, Relief and Rehabilitation of Rape Victims” organised by the ministry of women and child development.
Others who addressed it included Law Minister M. Veerappa Moily and Minister of State for Women and Child Development Krishna Tirath.
“We must also keep in mind that the interests of the victim are not protected by punishing the offenders alone,” said Balakrishnan, referring to a law ministry move to enact a law to set up fast-track courts to try sex-related offences.
“Adequate attention should also be drawn to suggestions for compensatory remedies and the rehabilitation of rape victims through the provision of shelter, counselling services, medical and legal aid.”
He also referred to the “secondary victimisation”, which a rape victim often has to suffer during the trial of the accused due to inconvenient, probing and often indecent questions by the defence counsel.
“There is a very real phenomenon described as secondary victimisation’ wherein the victim of a crime faces additional harassment and humiliation in the course of investigation and trial. Especially when the perpetrators are in a position of power over the victims, there is a strong distrust of the credibility of the investigation itself,” pointed out Balakrishnan.
“Some recent cases highlighted in the press have shown how the investigative machinery can often be manipulated to protect influential persons, howsoever reprehensible their crimes may be,” he said without naming the Ruchika Girhotra molestation and suicide case involving former Haryana police chief S.P.S. Rathore.
“The investigators, prosecutors and defence counsels must exhibit an appropriate degree of sensitivity to the victims,” he said.
“Especially during the trial proceedings, judges need to be proactive in order to restrain the aggressive cross-examination of rape victims.”
The CJI also highlighted recent changes in law, which provide that the past sexual history of victims must be ignored.
“The Indian Evidence Act was amended some years ago and a provision was inserted to ensure that the past sexual history of a victim cannot be given weightage in a trial for the offence of rape,” pointed out the CJI.
“What is needed now is for judges and lawyers to internalise the principle that facts relating to the past sexual history of a victim should not even be brought up in the first place, since the purpose of a trial is to decide whether or not an offence took place as alleged,” said Balakrishnan.
Courtesy: Thaindian.com
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March 7th, 2010
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But when the guy knows he will get bail 1day so why will he feel guilty he will always sit in jail and wait for bail and is also aware that trial will go for years girl must be in mental trauma and if she has to wait for ages i dont think it would be for girl to take action against a guy who will want to get into mess after years of trial when the guy gets final punishment and at that time if he says he wants to marry the girl i dont think so any girl would agree to it when her feeling are dead within her for the guy because when the things are fresh she might be ready to be with him again and expect him2 marry her but after years when she knows it’s all over i think feelings will automatically get over isnt it.SO both the ways girl has to suffer.
if any case victim wants to marry her rapist what is the security for her is he gonna keep her happy and wont he trouble her in future just to take revenge because if guy wants to marry just because he is scared to go behind the bar would this relationship work
False promises for marriage the guy is charged as rape isn’t it? But what and where the righteousness is for a girl, guy is put behind bars but he is legitimate to put a bail application anytime and endless times. he speaks false words for the same girl whom he promised for marriage in courtyard yard to rescue him self and converse about girl character which comes 1st isn’t it ?when he gets bail then trial goes for many years isn’t it? But where is the justice to the girl even she also has mental pressure and constant worries then she has too kill time for so long. What did she get even for her the case might not be that easy isn’t it? In this way as per law waiting for long time for justice isn’t it a torture to a girl? Guy is out for trial he will alwaz clear his picture to the outside world that he wasn’t on fault isn’t? So it means girl who registered a case against the guy her future is over isn’t it? when the girl has all the evidence with her then why she has to undergo so much mental trauma why not get inspect those evidence to check if she is rite I think then she should get the justice same movement don’t you think or can you see justice here? When it is judged as a rape then why consider as simple normal case y not like a rape, when guys forcefully have sex with a girl are those rape cases judged in this way? with too much of pressure, stress mental torture get insulted in courtyard with shit words spoken by the guy lawyer and what not it means no other girl will take an action against these kind of guys or she might not be able to take mental pressure and take the case back isn’t it? Why will a girl invite trouble for herself and get into so much of mess when she knows she has to suffer a lot more in future and won’t get anything.
So this law is made without a justice?
Really interesting: Yesterday some cool dudes were discussing that, how easy to rape. If you rape to someone then first she will not tell to family, police because of threatening and social structure. If somehow she will be able to do that like in most of cases when medical treatment requires or repeatedly harassment. She will get compensatory remedies and after then you can sent a marriage proposal…………….we should also choose a beautiful girl.
Second cool dude: What if I tell to my girl friend that register a rape case against me may be you will get some compensatory money and we can avoid social resistance against our marriage. But Inspector bond seems to be confused.
So many hacks………