oppn parties Rape Of Minor And "Amicable Settlement"

Story Of The Day

A 2,458-Point Rally Is Not Yet A Recovery

November 07, 2026

People Are Talking About

People Are Talking About Junk Food Near Schools

News Snippets

  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
Stock markets on fire due to US results, Sensex gains 2008 points to reach its highest level in 8 months
oppn parties
Rape Of Minor And "Amicable Settlement"

By Sunil Garodia
First publised on 2021-09-02 09:28:57

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

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.  

Other Stories You Make Like

Editorials

A Bench in Chennai Is Not the Answer to a Bench in Every Capital

A Bench in Chennai Is Not the Answer to a Bench in Every Capital

 Gold At Astana Must Become a System, Not a Story

Gold At Astana Must Become a System, Not a Story

In Depth

Grounds Of Arrest: The Supreme Court's Rule Must Be Followed By The Police On The Ground

Grounds Of Arrest: The Supreme Court's Rule Must Be Followed By The Police On The Ground

Editor's Pick

For the Goonj to Reverberate, Rahul Gandhi Must Take Regional Parties Along

For the Goonj to Reverberate, Rahul Gandhi Must Take Regional Parties Along
© 2014 India Commentary. All rights reserved.