‘Give due regard to rape victims’ wish’
CJI’s straight talk: Rape victims are given a secondary status
Chief Justice of India (CJI) K G Balakrishnan on Sunday said “due regard” should be given to the wishes of a rape victim if she chooses to marry the rapist or wants to have the baby conceived from the sexual assault.
While addressing a seminar organised by the Ministry of Women and Child Development on rape victims, Justice K G Balakrishnan said: “Due regard must be given to their personal autonomy since in some cases the victim may choose to marry the perpetrator or choose to give birth to a child conceived through forced intercourse.”
The CJI’s speech is on the same lines of a judgement he delivered in July 2009 that allowed a mentally challenged rape victim from Chandigarh to carry her pregnancy all the way to term. The woman, who was living in a destitute home, gave birth to a girl in January this year.
The CJI 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.” He also sought to debunk the argument that “high mobility” of women in modern times was one of the primary causes for the increase in rape cases.
“I do not agree with this proposition. Because it is the task of the criminal justice system to prevent and punish the culprits,” he said.
He further added: “Adequate attention should also be drawn to suggestions for compensatory remedies and the rehabilitation of rape victims through the provision of shelter, counselling services, medical and legal aid.”
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 the defence counsel.
In her opening address, Minister of state for Women and Child Development Krishna Tirath reiterated the government’s commitment to ensure effective delivery of justice to women in all spheres.
Law Minister M Veerappa Moily said rape victims are given a secondary status in our criminal justice system as the entire focus of the law is on the offender.
