Vrinda Grover: CJI Bobde's 'marry the victim' remark to rape accused trivialises sexual violence, denudes survivor of rights and personhood
I am deeply troubled and angry, though not shocked. Any person believing in equality and dignity of women, the right of a girl and woman over her own body, sexual autonomy and right to self-determination over their own lives and futures, will be enraged. Basically, anyone who considers women as human beings will oppose and challenge the observations made by the CJI during the hearing in Mohit Subhash Chavan vs. The State of Maharashtra & Anr. on 1 March 2021, as reported by the media. These words by the CJI, just days before we commemorate 8 March as International Women's Day, are a timely reminder of how much work remains to be done, and we need to start from the top.
The questions asked and observations made by His Lordship
the CJI, while hearing a petition by a POCSO accused seeking protection from
arrest, are unacceptable for they trivialise and condone severe sexual violence
and denude the rape survivor of any rights and personhood. The facts of the
case are that the accused repeatedly raped a 16-year-old, Class 9 minor girl
after gagging her, tying her hands and legs, followed by intimidation,
including threats to throw acid on her, burn her with petrol, eliminate her
brother — all designed to silence her from complaining about the sexual
assault.
Forcefully sexually assaulting a minor girl with her arms and legs tied, is a crime; it is called the offence of penetrative sexual assault under POCSO. The CJI is reported to have stated, "You should have thought before seducing and raping the young girl." Can the two verbs "seducing" and "raping" be part of the same act? Once again the culture of compromise for the crime of rape, was offered as a mode of settlement, this time suggested by His Lordship the CJI himself: "Will you marry her?, Supreme Court asks government servant charged with repeatedly raping minor girl".
Of course the CJI was careful not to impose the will of the Court on the POCSO Rape accused man. It was only a query. Perhaps an attempt to find an amicable solution. "We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her," the CJI went on to observe….
‘This episode is going to haunt SC in years to come’: Justice AP Shah on CJI sexual harassment case
