The ruling by the Supreme Court questioning the propriety of lower courts that suggest settlement of rapes, is one that exalts womanhood to the highest level.
In some cases, women who become pregnant after rapes have no other go but to marry the person who has violated her. In most cases, this is the outcome of cases in which women are raped by their so-called lovers. Such cases are isolated ones that have unique circumstances and should not be considered as a precedent or a norm that has the sanction of jurisprudence.
In its ruling in a case in MP, the SC said that asking a woman to settle her rape is akin to questioning her dignity. The court order assumes much significance considering that the Madras High Court too recently encouraged settlement in such as case. There is no bigger punishment than asking a woman to live with a man who has destroyed her physically and emotionally. The problem becomes accentuated if the person in question is a habitual criminal.
If rapes and violations of women become amenable to settlements, it would, with time, become acceptable in the society. While some may argue that women can get rid of dishonour with her mental attitude, as far as the victim is considered, rape destroys her body and mind.
While assaults to the body could be forgotten and pardoned, rape is not so. Seeing the perpetrator face-to-face is in itself a torture. How can then the victim be expected to settle the issue with him? Is it not that equivalent to suicide? Is not encouraging a woman to do so negating her right to live in dignity?
If rape, which is the biggest crime against a woman, can be settled, what would be the case of other crimes against women? If any hard-core criminal can settle such cases under the supervision of courts, what would be the state of women and their security in the society?
A system that values the human rights of criminals while avoiding the basic rights of victims would only encourage criminals and does not augur well for the society. While mediation is a good provision of the law, in some cases- at least in those cases that involve crimes against women- it could degrade into a tool that may be used to disgrace women and womanhood.
If the rape of a 15-year old girl can be settled by marriage, what is the similar possibility in a case in which a 15-year old rapes a 70-year old woman? If the criminal has another wife and children, then what would be the significance of such a settlement? We should not forget that even two-year old kids are not safe from rape in this land of ours.
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