Victim has no say over life post-rape: Activists

CHENNAI: A 14-year-old is coerced to keep her baby born out of rape as 'evidence'. A 15-year-old is forced to go back to a mother who sold her to a brothel. A minor who tried to lodge a complaint against a man who violated her is asked to wait for three years to marry him. From police to lawyers to 'kangaroo court', mediators' voices often drown out the victims' pleas.
Activists have come down heavily on the Madras high court directive asking a rape accused to mediate with his minor victim, dubbing the move as being "insensitive and patriarchal".
The victim, whose parents are no more, is the mother of a child who was born after the rape. Women and child rights activists have slammed Justice P Devadass who gave the judgment, saying it is up to the victim to decide what is best for her. They say the case highlights the lack of say a victim has over her life post the rape.
"The accused asked for suspension of his sentence. Why exactly has he been directed to mediate with the victim instead? This girl was 15 when she was raped, and any sexual activity below the age of 18, even with consent, is rape," said Vidya Reddy of Tulir -Centre for Prevention and Healing of Child Sexual Abuse. "The woman would want to put what happened past her. The court didn't ask her what she wants. It just assumed she as a single mother needs help and it's the rapist who can help her through mediation."
Former Madras high court judge K Chandru dubbed the directive a "dangerous experiment". "By setting a precedent like this, anyone accused of rape can offer to mediate to seek bail. That is dangerous," he said.
Agnes Shanthi, former child welfare committee chairperson, described the directive as "ridiculous". "I am surprised that the case didn't come before the CWC, considering the girl was a minor," she said. "Now, the police will go looking for her and the whole neighbourhood will know that she was raped. We have an insensitive system."