Chief Justice of India K.G. Balakrishnan has said “due regard'' must be given to the “personal autonomy'' of rape victims to decide on whether they should marry the perpetrator or choose to give birth to a child conceived through forced crime.
Speaking at a national consultation on “Access to Justice, Relief and Rehabilitation of Rape Victims'' here on Sunday, Justice Balakrishnan said 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.
“It is not possible for policy makers and judges to prescribe a ‘one-size-fits-all approach' and we must make honest efforts to build the institutional capacity needed for the proper rehabilitation of rape victims.''
Calling for a robust discussion on the proposed comprehensive “Scheme for Relief and Rehabilitation of Victims of Rape'' mooted by the Women and Child Development Ministry, the Chief Justice also said that the Centre's proposed bill which contemplates the creation of fast-track courts to try sex-related offences, must also keep in mind the interests of the victim, and not merely punish the offenders.
“Adequate attention should also be drawn to suggestions for provision of shelter, counselling services, medical and legal aid. It must be kept in mind that an act of rape or molestation can have long-lasting consequences such as mental trauma, physical disability and frustration of prospects for marriage and employment.”
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 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,'' Justice Balakrishnan pointed out.
“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. “The investigators, prosecutors and defence counsels must exhibit an appropriate degree of sensitivity to the victims,'' he said.
The CJI also highlighted recent changes in law, which provide that the past sexual history of victims must be ignored.
Keywords: CJI, K.G. Balakrishnan, rape victims, Veerpa Moily, Law Minister
Why would the victim choose to marry a rapist? It's like choosing to suffer for life.
Very disappointed with CJI's thinking.
It's strange idea.We need serious laws and punishment so that these kinds of evil deeds can be eradicated from the society.
I do agree with the views as expressed by both Kanhiaya & Chandramani. First and foremost priority is that the rapist should be severely punished according to our law in order to serve as a firm deterrent for the going-to-be rapists (which God forbid, as they may change their mind and abort their attempt of rape). After serving the required period of detention, both the rapist and victim may or may not agree to get married without any outside interference, although it doesn't deserve to be solemnised considering the ill-nature of the offender. However, by all means the rapists should be punished speedily and should not be allowed to slip-through the loop-holes to be scot-free!
Marriage is a symbol of Love& Affection. This will be totally absent if the rape victim has to marry the same guy who spoiled her for life.There will not be any harmony in the family. It will not be possible to live with guilty feeling for ever.Life will become miserable if their children come to know of the precedents of their parents.
I don't know what to say beyond this is unbelievable!!!! In a country where the rapists are affluent and hold positions of power allowing an escape clause like "marry and ye shall be free" option is death knell for women emancipation. Maybe I do not see the full picture but this "one size does not fit all" really makes the position of a lot of dalit women difficult. Are we so out of tune with ground realitities that we are going to suggest this as an alternative. As a woman I am driven to begging and pleading "PLEASE DO NOT DO THIS DISSERVICE TO US" please....
A crime commited by a person must be concluded with adiquate punishment irrespective of change in cercumstances. Even though the victim wants to marry the person, it should be allowed only after completion of the term of punishment.
Its really sorry to hear this statement from our CJI (Chief Justice of India). It will only increase the cases of rape in India as there are many rapists who might think about escaping the punishment by doing the drama of marriage with the victim.
CJI's suggestion is quite disturbing. It can put pressure on the victim to "forgive" the criminal and "marry" him. The criminal could himself use it as a stratagem to evade punishment. A victim cannot be allowed or forced to interfere with the course of justice. Also, it cannot be applicable, obviously, if the victim is already married, or is a minor or child.
Apart from punishing the victim, the court or proper authority should also take care of the victim. And there must be a proper machinery to investigate the case without any influence from any stronger side.
The pronouncement of Indian CJI is indeed thought provoking & worth consideration ,with couple of riders like security,(financial,physical& social),acceptability by the near/dear ones & legality . The proposal may have far reaching consequences too . All aspects have to be taken collectively in each case by the Adminstration, Judiciary & relatives of both the persons. Accordingly, the necessary amendment must be incorporated in the sacred Constitution,if need be.
Please Email the Editor