Victim should be allowed to marry rapist: Supreme Court Chief Justice

In a radical suggestion that could provoke sharp comments from women’s groups, India's Chief Justice K G Balakrishnan on Sunday said that judges, lawyers and social activists should give "due regard" to the wishes of a rape victim if she chooses to marry the rapist or have the baby conceived from the crime.

"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 said at a seminar.

"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," he said.

He was speaking at the seminar in New Delhi on "Access to Justice, Relief and Rehabilitation of Rape Victims" organised by the Ministry of women and child development. Others who addressed it included Law Minister M. Veerappa Moily and Minister of State for Women and Child Development Krishna Tirath.

"We must also keep in mind that the interests of the victim are not protected by punishing the offenders alone," said Balakrishnan, referring to a law ministry move to enact a law to set up fast-track courts to try sex-related offences. "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.

"There is a very real phenomenon described as ‘secondary victimisation' wherein the victim of a crime faces additional harassment and humiliation in the course of investigation and trial. Especially when the perpetrators are in a position of power over the victims, there is a strong distrust of the credibility of the investigation itself," pointed out Balakrishnan.

"Some recent cases highlighted in the press have shown how the investigative machinery can often be manipulated to protect influential persons, howsoever reprehensible their crimes may be," he said without naming the Ruchika Girhotra molestation and suicide case involving former Haryana police chief S P S Rathore.

"The investigators, prosecutors and defence counsels must exhibit an appropriate degree of sensitivity to the victims," he added.

- Asian Tribune -