In a recent judgment, the Kerala High Court declared that any agreement made to settle a rape case is null and void, as it goes against public policy. The court emphasized that offenses such as rape are crimes against the body and dignity of a person, and therefore, cannot be settled privately between the accused and the victim.
Key Points of the Ruling:
The court’s decision came while hearing a petition challenging an agreement reached between the accused and the victim in a rape case. The court highlighted that crimes like rape are not just offenses against an individual but are also serious violations against society and its moral fabric. Allowing such offenses to be settled outside the court would undermine the public’s interest and the justice system’s integrity.
Public Policy and the Justice System:
The court reiterated that agreements to settle serious criminal cases like rape are unenforceable because they contravene public policy. The judgment stressed that permitting such settlements could encourage a culture of impunity, where offenders could escape punishment by pressuring or persuading victims to withdraw complaints or agree to private settlements. This would lead to a dangerous precedent, potentially compromising the safety and dignity of victims.
Implications of the Judgment:
This ruling by the Kerala High Court sends a strong message that the justice system must uphold the rights and dignity of victims. It also reinforces the notion that certain crimes are too grave to be resolved through private negotiations. The court’s decision aims to protect the public interest and maintain the integrity of legal proceedings, ensuring that justice is served, not only for the individual victim but also for society as a whole.
The judgment is a significant step in emphasizing that the legal system should prioritize justice and public interest over private agreements in cases of serious crimes like rape.
