Chief Justice of India SA Bobde set off a controversy on Monday with his remarks in 2 cases. In one case, he asked a male implicated of rape in a relationship with a 16-year-old, whether he wanted to marry the plaintiff. The guy deals with allegations of rape, unfaithful and criminal intimidation, besides charges under the rigid Pocso Act designed to prevent exploitation of children.The CJI’s remark was panned on social media.In another case, Bobde asked if a guy’s sexual conduct, however brutal, might bring in rape charges if it was made by his partner.
The Bombay high court had actually cancelled bail granted by a sessions court to the accused at the plaintiff’s request in the first case
The complainant declared that Mohit Subhash Chavan, 23, had raped her consistently when she was 16 and was legally incapable of granting sexual relations. She had alleged in the HC earlier that his ‘influential household’ made her sign an affidavit that stated the intercourse was consensual and the family would guarantee their marriage. Chavan filed an appeal versus the HC order in the SC. He was represented by advocate Anand Dilip Langde, who argued that Chavan was a federal government servant and would lose his task were he to be arrested.At this point, the CJI stated: “We are not requiring you to marry her. Let us understand if you want to marry her. You need to have thought of this prior to seducing and raping a girl. You knew you were a federal government servant.” The advocate later on returned with instructions from his client that he had actually at first ‘provided to wed her’, but she ‘rejected’ it and it was not possible now as he was married. Langde also stated the charges were yet to be framed. The bench ultimately allowed Chavan to withdraw his petition with the liberty to look for routine bail in four weeks. “However, the petitioner will not be jailed till then,” the bench, which likewise consisted of Justices AS Bopanna and V Ramasubramanian, said.In the second case a complainant had accused a guy of consistently raping her, while they lived together, under pretext of weding her. The complainant was represented by advocate Aditya Vashishth and the implicated, Vinay Pratap Singh, by senior advocate Vibha Dutt Makhija. The complainant declared that the male raped her brutally throughout their relationship. The complainant produced medical proof in SC to show ruthless rape during the relationship. Allahabad high court had turned down the offenders’s bail plea, after which he moved the SC.Referring to the Indian law, which doesn’t recognise marital rape as an offense, the CJI stated: “How can sexual conduct, nevertheless brutal, total up to rape if it is a marriage?” Rights activists have actually been requiring that the law be changed to make rape in a marriage a punishable offence. However, in this case, the couple were never married.The bench stayed the man’s arrest for 8 weeks and enabled him to move for discharge after some proof was led in the event “There will be stay of arrest of the petitioners for eight weeks. Thereafter, the high court will choose the question of the liberty of the petitioners,” the CJI’s bench said. No charge sheet has been submitted yet in the case by the Uttar Pradesh Authorities