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Parthasarathi Loganathan (Advocate)     09 March 2010

Rape Victim

NEWS ITEM: Heed victim plea to wed rapist: "In a radical suggestion, the Chief Justice of India, K.G. Balakrishnan, on Sunday said judges, lawyers and social activists should give “due regard” to the wishes of a rape victim if the latter wishes to marry the offender." In my opinion, It amounts to Grave injustice to Rape victims. It would pave way increase of s*xual crimes in the country and the offender may even plead exception to family laws. If he wants to marry any girl through coercion he would simply commit the crime and seek proposal from the victim to enter the wedlock.

I invite everybody to participate in this debate



Learning

 8 Replies

Suchitra. S (Advocate)     09 March 2010

Sir, I agree with all the points raised by you. But just think for a moment whom can you convince to marry a rape victim other than a rapist? I know how disgusting a woman would feel to marry the person who raped her. The incident leaves a deep wound in the victim which is seldom heal for lifetime.

Parthasarathi Loganathan (Advocate)     09 March 2010

It amounts to Grave injustice to Rape victims. It would pave way increase of s*xual crimes in the country and the offender may even plead exception to family laws. If he wants to marry any girl through coercion he would simply commit the crime and seek proposal from the victim to enter into wedlock.  The accused may also disown guilt in the court of law once he offers to marry the victim.  Such statements from the CJI is totally unwarranted

Suchitra. S (Advocate)     10 March 2010

This is a country where men will accept to marry a widow at least on compassionate grounds. But who will come forward to marry a rape victim ? Infact a rape victim needs more compassion than a widow.  Sir, you are talking from the view point of the rapist only. think about the victim's condition too. Punishing the culprit is only one part of justice.  i have heard about a cases wherein the victim married the rapist after he comes back from prison. Think about the reason in taking suh decision.

Rajan Salvi (Lawyer)     10 March 2010

Marry a widow/rapevictim/poor women/ invalid person - Does marriage depend on the status of the person or her qualitities?

My view is that instead of marrying that person , the person should be given a helping hand and made self sufficient. Rest will automatically follow. Self sufficiency will increase confidence , self esteem and make the person more attractive in the eyes of the other person. If a person marries out of compassion - it is a emotional decision and the feeling of compassion is likely to wear off. If it doesnt wear off, it is a constant reminder of the weak status of the lady [ which is bad and not conducive to growth/well being and prosperity]

The Chief Justice of India, K.G. Balakrishnan, on Sunday said judges, lawyers and social activists should give “due regard” to the wishes of a rape victim if the latter wishes to marry the offender." - the reason for this is because the future of the lady and probably the unborn child may be have been upper most in the mind of the Judge while making such a statement. I personally know of a case in which i appeared where [ for some time law in the books was laid aside for doing justice by Judges of Bombay High Court. ] After a period - i realise that I was legally right but the Hon'ble JUdges were morally/ethically and wisely right.

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 March 2010

I dont agree with Mr Parthasarathi. For a rape victim, it will be a torture and the rapist will go for marriage to escape from the hands of law

Gundlapallis (Advocate)     12 March 2010

  Parthasarathy Ji...

Such statements from the CJI is totally unwarranted  I agree but, what would be the idea behind?  When such statement is from such a learned man... i think it should be reviewed intoto spehere. 

A rapist must first be examined for HIV or other deadly contageous diseases If he shows positive he should end with capital punishment because he has become a dangerous animal in the society and half of his estate should be given to the victim if otherwise, instead of marrying the victim... he should be ordered to pay 50% of his earnings his life through out to her through the court and he should be under conditional order of reporting to the police station periodically... so that he will not escape from the liability imposed.  The victim should not be asked to come to court or anywhere to collect her money... she should get that through the District Collector vide a postal service.  What do you say?
 

Parthasarathi Loganathan (Advocate)     12 March 2010

Only such Innovative ideas would address the grievances of the Rape victims.  Hats off to Gundla for his progressive suggestions.

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 March 2010

compensation term  ok


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