High Court ruling bypasses the Supreme Court dictate

The Madras High Court, in its recent judgment, allowed a man who was found guilty of raping a minor to settle the matter through mediation. This alternative dispute resolution mechanism has raised various basic questions about the approach of higher courts towards the issues relating to gender and women.
In the year 2014, however, the Supreme Court mentioned that rape was a non-compoundable offence and not an issue for compromise between the concerned parties. Yet, the Madras High Court has gone a step ahead in its judgment by suggesting an alternative dispute resolution mechanism ostensibly pitched toward a “happy” resolution by way of marriage.
It is astounding to know that the Hon’ble Court sees the man accused of rape as an ‘eligible bachelor’ and the girl to have no future other than being ‘happily’ married. It is, however, more disheartening that the concerned state’s women’s commission has shown their support to such a decision.
Nevertheless, the 22-year-old rape survivor, reacting to the Madras High Court order to “settle” the issue through mediation, has refused to marry the accused. She has further stated that she had been threatened after the rape and also pressurised to get an abortion and also added that she had no intention to talk to or marry the man.