India - Can Marriage be Punishment for Rape?

Few crimes can equal rape in heinousness and brutality. But the crime is compounded many times further when the accused offers to marry the victim to evade punishment.

A case in point is a recent Chennai incident where a rapist escaped punishment by marrying the 25-year-old speech-impaired victim after reaching a compromise with her family.

But in a civilised society,is this acceptable? Should a rapist be allowed to walk free because the victim,or her family,buckles under social pressure?

Says actor Nandita Das,"I don't think there's a fate worse than this. Unfortunately,a woman is forced to marry the man who has violated her because of the social paradigms of shame and izzat". Filmmaker Ruchi Narain feels it's the Indian mindset. "In India,once the woman has been raped,parents feel that nobody will marry her. This offers a convenient solution."

And what is to stop the man from abusing the victim again, questions actress Raveena Tandon. "If a man has abused the girl once,he shall do it again. However,it is a choice only that girl can make as she caught in a very fluid situation."

However,women's organisations feel the victim is hardly in a state to make the right choice. Says activist Subhashini Ali,"The rapist should be punished severely and no heed should be paid to his offer of marriage. The accused thinks that the cost of raping a woman is marrying her. How belittling is such a thought?

In fact,in the Chennai rape case,a more stringent punishment should have been given to the man,keeping in mind that the girl is speech-and-hearing impaired."

The circumstances of the girl are also a factor here,according to National Commission for Women's chairperson,Girija Vyas. "Our studies show that the majority of victims refuse to marry the rapist because they know that the accused is taking this extreme step just to evade punishment."

Legally speaking,there is not much the court can do if the victim decides to withdraw the case voluntarily. "Rape is a non-cognisable,non-bailable and non-compoundable offence. Even if the perpetrator gets married to the victim,he should not escape punishment.

A criminal offence is an offence against the state and the Constitution guarantees you the right to life. Rape is a criminal offence and should continue to stay so with or without marriage between the victim and the rapist," says lawyer Asmita Basu.

Vinay Singh of ASHA explains how social pressures win against legal statuettes,"We have had similar cases in the past. I remember one rape victim who reluctantly agreed to marry the accused because of family pressure. And we couldn't do anything. On our part,we try to empower women by educating them about their rights."