NEW DELHI: Authorized specialists expressed shock over the Supreme Court docket asking a rape accused if he was keen to marry the sufferer. Stating that such feedback stop the victims from popping out and reporting the incidents, they harassed the necessity for particular coaching to judges on gender sensitisation. “The SC remark is a stunning one as marriage isn’t an answer for a rape survivor in any respect. These statements demoralise the victims,” stated advocate Aparna Bhatt, who together with others had moved the Supreme Court docket to put aside a Madhya Pradesh Excessive Court docket order final yr granting bail to an accused in a molestation case on the situation that he request the complainant to tie him a rakhi.
In November 2020, Lawyer Common Ok Ok Venugopal, whereas helping the highest court docket on the petition difficult the excessive court docket order, had stated judges wanted to be educated on gender sensitisation. The nationwide and state judicial academies will need to have programmes on gender sensitisation, he had informed the court docket.
Voicing concern over the SC remark, Supreme Court docket lawyer Rekha Aggarwal stated, “It’s excessive time our society and judiciary stopped treating a lady as a commodity. Rape is rape and there’s no query of condoning the identical on the pretext of marriage. Once we are treating each sufferer of rape as a survivor, then it’s the want of the hour that despite giving option to the accused to get married to the woman, consent ought to first be taken from her whether or not or not she would have the ability to cope up with the life-long stigma which the accused had given her.”
Preeti Pratishruti Sprint, a authorized researcher with Nationwide Regulation College, Delhi, stated, “Sadly, the enforcement of the prison legislation of rape itself reinforces prejudicial stereotypes about ladies’s sexuality. Rape is seen as particularly heinous if it harms the marital prospects of a lady, since society, in addition to courts, contemplate a lady ‘respectable’ provided that she falls throughout the marital economic system.”