Numerous female victims in our country are forced or manipulated into marrying a rape accused in the bid to ‘protect their honour’. There have also been cases where a person accused of rape has been granted bail because he agreed to marry the victim.
In a rape case involving a government employee who is seeking bail, the Supreme Court asked him whether he would marry the now 18-year-old girl who accused him of rape. NDTV quoted the Chief Justice Of India saying:
“If you want to marry her we can help you. If not, you lose your job and go to jail. You seduced the girl, raped her.”
The accused, Mohit Subhash Chavan, is a technician with the Maharashtra State Electric Production Company. He has been accused of raping a schoolgirl and has been booked under the POSCO Act.
His lawyer argued that if he isn’t granted bail, he could lose his job.
According to India Today, the FIR mentions that when the girl was in class-9, the accused used to stalk her. One day, he forcibly entered her house and allegedly raped her. The girl further alleged that the accused threatened to throw acid on her and kill her brother if she resisted his sexual advances.
The accused told the court that his mother had offered the scope of marriage to the girl when she went to the police. The girl had refused to marry him. But a document was drawn up with the consent of the two families which stated that once the girl turned 18, the accused would marry her. When the girl turned 18, the accused refused to marry her, after which the rape complaint was filed.
In the court hearing, the CJI asked the accused, “Will you marry her?”
His lawyer said, “Will take instructions.”
To this, the CJI said, “You should have thought before seducing and raping the young girl. You knew you are a government servant.”
The accused said, “Initially I wanted to marry her. But she refused. Now I cannot as I am already married.”
Commenting upon their suggestion for marriage, the court said, “That’s why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail.”
People online have expressed their grave disappointment in the judiciary in regards to this case. Here’s what some of them said:
With due respect to the CJI, but it is truly puzzling as to whether the accused is being rewarded for seducing & raping a girl or being punished? Does the victim who was violated have a say in the matter?
— Brian Passanha (@bspassanha) March 1, 2021
Supreme court embarking on a journey of normalising rape to qualify for marriage. The concept of consent is a mere delusion in India. How dehumanising this whole proceeding is ?!
— Kanishk Gupta 🏳️ (@kanishk35865088) March 1, 2021
What an unbelievable conversation! No question about the law that applies; instead, a paternalist piece of social engineering, implicitly recognising rape as one acceptable preliminary to marriage. Only in India….
— Bonobashi (@igatUP) March 1, 2021
It's high time we started regular gender sensitisation workshops for the judges in our country. https://t.co/L6EsJONLIf
— Pranjal A (@Pranjal_A_) March 1, 2021
The reason why men should think before raping a woman is because they are govt servants. All others can suspend thinking. Got it, thanks SC! https://t.co/iC6RT9sqRg
— Ruchika Sharma (@tishasaroyan) March 1, 2021
This isn't punishment but getting rewarded for crime.Criminality doesn't change if he is government servant/ bureaucrat 🤔 https://t.co/HPBOHEovHM
— Asma (@asmatasleem11) March 1, 2021
What kind of hogwash is this?
Does the victim have a say on this?
Why does it matter if he is government employee?
It’s ridiculous to offer the rapist an option of marrying the victim.#StopRape https://t.co/aKKEBdvj8J— Lavanya Ballal | ಲಾವಣ್ಯ ಬಲ್ಲಾಳ್ (@LavanyaBallal) March 1, 2021
Wtf is this? He rapes her and then is asked if he is willing to marry her?! Why would the woman marry her rapist?? How disgusting!
— Meghnad (@__Indrajit__) March 1, 2021
What do you think of the court’s hearing? Tell us.