Ans:
Alternative Dispute Resolution (ADR) as the name suggests, a mechanism to resolve the dispute. The first question to be understood is, whether rape is a dispute?
Dispute involves 2 or more aggrieved parties who claim that their rights have been violated and issue can be settled through negotiation like property dispute between the brothers in a family.
However in case of rape, there is one aggrieved party against the other who had committed this offence. Here rights and dignity of one individual is at stake not both the parties. Moreover, rape is a criminal offence as per the law unlike the disputes which are civil in nature.
Criminal activities affects the society at large, unlike the civil cases where private rights of the individuals are at stake.
Negotiation is a part of ADR, but is there any scope for negotiations in rape cases. What do the courts expect from the rape survivor by allowing for ADRs?, to give concessions to the convicts in terms of jail imprisonment or fine settlement.
By allowing ADRs, clearly undermines the seriousness of this offence and also gives an undue advantage to the convicts involved in this. Allowing ADR in rapes resembles the traditional and informal institutions where a village headman acts as a neutral authority in deciding the quantum of punishment to be inflicted upon the convict which in most cases is merely a small fine.
Justice J.S Verma Committee report that came out in the light of Delhi rape incident had strengthened the case by locating rape in the context of gender justice, ADRs would clearly be retreating from this path. Courts should appoint special bench for quicker resolve of such type of cases rather opting for ADRs for speedy trail.
Alternative Dispute Resolution (ADR) as the name suggests, a mechanism to resolve the dispute. The first question to be understood is, whether rape is a dispute?
Dispute involves 2 or more aggrieved parties who claim that their rights have been violated and issue can be settled through negotiation like property dispute between the brothers in a family.
However in case of rape, there is one aggrieved party against the other who had committed this offence. Here rights and dignity of one individual is at stake not both the parties. Moreover, rape is a criminal offence as per the law unlike the disputes which are civil in nature.
Criminal activities affects the society at large, unlike the civil cases where private rights of the individuals are at stake.
Negotiation is a part of ADR, but is there any scope for negotiations in rape cases. What do the courts expect from the rape survivor by allowing for ADRs?, to give concessions to the convicts in terms of jail imprisonment or fine settlement.
By allowing ADRs, clearly undermines the seriousness of this offence and also gives an undue advantage to the convicts involved in this. Allowing ADR in rapes resembles the traditional and informal institutions where a village headman acts as a neutral authority in deciding the quantum of punishment to be inflicted upon the convict which in most cases is merely a small fine.
Justice J.S Verma Committee report that came out in the light of Delhi rape incident had strengthened the case by locating rape in the context of gender justice, ADRs would clearly be retreating from this path. Courts should appoint special bench for quicker resolve of such type of cases rather opting for ADRs for speedy trail.
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