Rapist wants to Marry the Girl:

I think , there is no exemption to any custom re age of marriage.

Whether Rape should be regularized through marriage and offence of rape be quash?

even if the parties somehow prolong the trial and wait till attaining the marrigiable age and thereaafter marry, the case can not be quashed or compounded on that ground. in that situation, the court my take a lenient view and reduce the punishment by awarding compensation/ high penalty in leiue of sentence. I recollect , there are judgments to this efect.

But the party wants to solemnized their marriage as early as possible. Should the accused served the sentence first and come out to get married? Compensation to the wife?

In my view Mr. Tripathy ji is quite right. There are so many cases in this regard. If accused marry the girl which is minor and unable to give her free consent to marriage with the accused. If the said marriage solemnised Accused commit another crime.When it comes to the knowledge Of the court ,Court can take cognigense sue motto Or on the complaint of any body from the society.

thank you sarin ji!

yes assumi ji , compensation or part of penalty may be given to wife .

Dear Dr.Tripathiji and Sarinji, thank you so much for your valuable contributions. Please refer to article 371 - A of the Constitution of India, which says Civil and Criminal Justice according to Naga Customary decision. Naga Customary does not have any age limitation and even a minor can get married unlike the Hindu Law etc. Moreover, District Customary Court has concurrent Jurisdictions in matters governed by Naga Customary Laws. Please refer to my query and the discussions therein regarding Article 371-A Vs Indian Penal Code posted yesterday.

HI! Recently the honourable Supreme Court has decided on a similar case where it has been held that to marry the victim of a rape would not be considered as a ground for quasing the case. Rape will be treated according to the provision of the law. there will be another question to marry a minor girl will be another contravention of law.

Dear mr. assumi ! from the text of art.171-A, it is clear that with regard to usual legal rights and obligations no act of parliament is applicable to nagaland unless adopted by legislative assembly of nagaland.

then we have to chek as to whether IPC and chiled marriage Act have been made pplicable to nagaland ? if not, there is no legal bar in permitting the  minor victim and rapist to marry if their custom so permits.

Dear assumi !

you have started very interesting and socially important topic. I think, it may involve many international conventions, issues relating to law and morality and public policy etc.

however, to inter into this topic, one has to study the customary laws and legislations of nagaland as well as central laws adopted by nagaland legislature.

Dear Members,

                                     Your valuable contributions is highly apreciated, especially the last comments of Dr.V.N.Tripathiji. Once again thank you all for the contributions made in this matter. I remember the words of former Indian PM Late.Jawaharlal Nehru, "the grass is green and lovely but I have long way to go" this is where we are in the matter. Certainly International Law is involved.

Thank you mr. Asumi .

may I add one thing more that in this matter Hindu shastric law would also have relevance and would come to support the marriage.

This is certainly a most atrotious thing to happen in our civiilsed   society. How can  inhuman criminal wrongs be painted and hidden under the colour of customs. If every community starts taking defence of customary patronage Indian  Criminal Courts will be reduced  to Marriage Bureaus which we definitely don' want. to see in future. After marriage  Rapists will commit such inhuman act  in the capacity of her husband.