INDIA’S SOCIO- LEGAL QUANDARY IN COMPOUNDING SEXUAL OFFENCES

Authors: Aamina Rafeek & Derene Gonsalvez, Students of His Highness The Maharaja’s Government Law College, Ernakulam

Best Citation – Aamina Rafeek & Derene Gonsalvez, INDIA’S SOCIO- LEGAL QUANDARY IN COMPOUNDING SEXUAL OFFENCES, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 212-223, ISSN – 2583-2344.

Abstract

“Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah” translates to “Where Women are honoured, divinity blossoms, and wherever women are dishonoured, all action no matter how noble it may be, remains unfruitful.”. This shloka from Manusmriti outlines the divinity attached to women of our country since ancient times. The patriarchal impositions behind this being questionable, the proposal of compounding sexual offences against women is frowned upon by society. These are crimes against society and falls out of the purview of compromise. However the High Courts of our country are empowered to allow compromises of non-compoundable offences under special circumstances. This paper explores the scope of compounding sexual offences in India and the possible conditions for same without extinguishing the objective of serving justice. The concept sounds contradicting but is a novel situation cropped up recently with change in societal perspectives on male-female relationships, ideas on family and much more. The accused right issues due to fact that the victim would not assist the case after the compromise and would not provide any evidence, consuming the court’s time is also a point to ponder. The stance of Indian judiciary in this matter is perceived through a handful of judgements. As the criminal justice systems globally look into effectiveness and practicality of a “restorative” justice system, wherein when crime is done against an individual, there is need to focus on that particular individual rather than state displaying itself as a major victim, discussion on compoundability comes into scene.