No mediation after rape: SC

Supreme Court takes a tough stand on mediation in rape cases, says it's illegal and against dignity of women

New Delhi: The Supreme Court on Wednesday held that there can be no compromise in a rape case in the name of promising wedlock. "There should be no mediation and no compromise in rape cases, a woman's body is her temple," the SC said in its judgment.

An apex court bench headed by Justice Dipak Misra said that any compromise promising wedlock between a rape accused and the victim compromises the dignity of the woman. The court said that such a compromise lacks sensitivity on the part of those promoting a settlement.

Holding that courts cannot take a soft approach on the issue, the bench described as a spectacular error and lack of sensitivity on the part of a lower court which had allowed a rapist to go scot free by accepting an agreement on wedlock. The order came while accepting the Madhya Pradesh government's plea challenging a lower court's acquitting a man accused of rape.

The accused in the case had sought to compromise with the minor victim and her parents but the trial judge junked his plea. It sentenced him to jail for five years but the High Court reduced it to the jail term already undergone by him, which was a little more than a year. The state government then challenged this order in SC. The SC has now ordered the High Court to hear the matter afresh with a proper appreciation of evidence.

Recently, in a much-talked about order, the Madras HC had asked a man, found guilty of raping a minor and sentenced to seven years, to "settle the matter by mediation". Justice P Devadass, holding that alternative dispute resolution such as mediation is now being used in criminal cases also, said:

"In fact, even in Islam, Hinduism and Christianity, there are instances of solving the disputes in a non-belligerent manner. The result of it is very good because there is 'no victor, no vanquished'."