March 27, 2017

Madras High Court recalls its order directing “mediation” between victim and rapist

Madras High Court recalls its order directing “mediation” between victim and rapist

Just days after the Supreme Court observing that it would be a “spectacular error” to adopt a soft approach on cases of rape and stated that there cannot be any compromise in such matters, the Madras High Court today recalled its controversial order directing mediation between a rapist and the victim.

The mediation order was issued on June 23 by Justice P Devadass which directed a rapist, sentenced to 7-years imprisonment by a trial court, to go for mediation with the victim. It had created quite a controversy.

The order of Justice P Devadass said, “In view of the judgement of the Hon’ble Supreme Court in State of Madhya Pradesh VS Madanlal case, the earlier order of this Court directing the parties to go for mediation is recalled. Consequently, the interim bail granted to the petitioner is cancelled.”

Justice P Devadass took note of an earlier Supreme Court order that there be no mediation in the case of rape and directed the officer-in-charge of Mediation Centre to stop the parties from attending mediation.

The Judge also directed the Registrar (Judicial) of High Court to ensure compliance to his latest order on the matter.

As per the latest order the accused has to go and surrender before the Mahila Court at Cuddalore on July 13. The Judge also asked the Mahila Court to secure him and commit him to Central Prison.

V Mohan, the accused, was sentenced to 7-years in jail for raping a 15-year old orphan in 2008. The orphan got pregnant and delivered a girl child.

The victim stated her unwillingness to go for mediation saying that the accused will go to any extent to avoid imprisonment.

Earlier the Supreme Court bench headed by Justice Dipak Misra observed that, “When a human frame is defiled, the ‘purest treasure’, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most.”

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