Why a Rape Case Can’t be ‘Settled’ Through ‘Marriage’ Route
The practice of granting bail or quashing FIRs in rape cases on the basis of the accused marrying the survivor or any other settlements is against the dicta of the Supreme Court itself.
This also puts additional burden on the survivor as pressure may be exerted by the accused or her family. There have also been decisions condemning the practice, e.g., by the Delhi High Court and Madhya Pradesh High Court, which rightly said that allowing it would further embolden accused to induce or pressurise the survivor into a settlement.
In spite of this, there are multiple cases that have unfortunately gone the other way: a bench of the Supreme Court has reduced imprisonment based on a settlement; bail has been granted by the Madurai Bench of the Madras High Court so that mediation can be conducted by the accused and because the accused promised to marry the girl when she turns 18.
It is even more troubling that in the face of…