Rape Of Minor And "Amicable Settlement"
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
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By Sunil Garodia
First publised on 2021-09-02 09:28:57
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
View all posts by this Author
How can a mother issue a no objection certificate for the release, on bail, of the rapist of her minor daughter? Shockingly, this is what happened in a case before a Pocso court in Mumbai when the judge found that although the prosecution demanded police custody for the rapist on the grounds that he would threaten the girl and her family, the mother had placed on record a statement saying she had no objection if the accused was released on bail. The judge found her action very disturbing and imposed a fine of Rs 5000 on her.
The case involved a married man who had sex with a 14-year-old after "marrying" her. She became pregnant. When the mother found out, she lodged an FIR against the man for raping her daughter. But even as the case was being investigated and in the opinion of the Pocso judge the facts discovered during the investigation were serious, the mother had a change of heart and wanted the accused to be released. The mother said that she came to know that the couple was in love and the sex was consensual.
But who is the mother to decide whether it is okay for a person to have sex with a 14-year-old even with her consent when the law says that sexual intercourse with a girl below 18 years of age, notwithstanding her consent, is to be considered rape? In the instant case, the mother also said that the matter has been "amicably settled" between them and she did not want to proceed further in the matter. The court released the accused on certain conditions as it said that since the "practical investigation" was over, keeping the accused behind bars "for no purpose is of no use".
The so-called "amicable settlement" between a rapist and the victim's family when the victim is a minor is a very serious matter. How can a minor be a party to a settlement? It is obvious that money changes hands in such cases and the accused escapes punishment for the heinous crime. No thought is given to the fact that the victim has suffered trauma and the scars will probably remain forever. In the instant case, a double crime was committed as the accused also 'married' a minor girl which was only to have sexual intercourse with her. Since he is already married, he will definitely desert the girl but the family does not want to see him punished as they have probably bartered the girl's happiness for their pound of flesh.
