In a judgement that attracted a lot of flak on social media, Madras High Court has given bail to a man convicted of raping a minor girl so that he can settle the case by “mediating” with the victim who gave birth to a child after the sexual assault.
The order was issued in response to an appeal and a bail plea from the convict, V Mohan, who was sentenced to seven years and slapped with a fine of Rs 2 lakh by a Mahila Court in Cuddalore, Tamil Nadu, in 2002.
“In the facts and circumstances, the case before us is a fit case for attempting compromise between the parties. ‘Mediation’ mode is best suited to them…Keeping the appellant inside the jail and asking him to participate in the mediation talk will not result in any fruitful result,” said the judgment by Justice D Devadass.
“He should be enabled to participate in the deliberations as a free man and vent his feelings, open his mind and moorings. ‘Where there is a will, there is a way’,” it added.
Devadass referred to an earlier judgment by him in which he had ordered mediation and the accused agreed to marry the victim. He invoked different religions and said they showcase instances of solving issues in a non-aggressive manner.
“In fact, even in Islam, Hinduism and Christianity, there are instances of solving the disputes in a non-belligerent manner. The result of it is very good because there is ‘no victor, no vanquished’,” said the judgment.
Devadass further suggested that his order was in line with the Indian legal system’s move to adopt an “alternative dispute resolution” system as an alternative to the “time consuming, cumbersome, expensive conventional court system”.
The judgment directed the District Legal Services Authority in Tiruvallur and the Tamil Nadu State Legal Services Authority to help in the mediation. It stressed that the child born out of the rape was a victim of circumstances and had been made to bear the “brunt of social stigma”.
(With Agency Inputs)