Respect victim's wish to marry rapist: CJI

NEW DELHI: In a radical suggestion, Chief Justice K G Balakrishnan on Sunday called for respecting the wishes of a rape victim if she chooses to marry the rapist or have the child conceived through the crime. The CJI said courts must give due regard to the personal autonomy of the victim in such cases.

"Judges, lawyers and social activists should also ensure they do not take an overtly paternalistic approach when they have to make decisions for the welfare of rape victims," Balakrishnan said at a seminar here.

The CJI also mooted the creation of a fund to rehabilitate and provide succour to rape victims through district legal service authorities. "The Union and state governments should create the fund for compensation to be awarded to (rape) victims" which could be disbursed through district legal service authorities, he said in his keynote address at the national consultation on access to justice, relief and rehabilitation of rape victims.

A legislation was enacted in 2005 (on providing monetary compensation to victims) but it was not implemented. "I am told it has now been notified," he said. Minister of state for women and child welfare Krishna Tirath in her inaugural address announced the government's determination to implement the 2005 rehabilitation scheme for rape victims under which compensation could go up to a maximum of Rs 3 lakh.