Stigma has to be on perpetrator of rape, not survivor: Delhi High Court

The Delhi High Court recently observed that in rape cases, a paradigm mindset shift is required to attach societal stigma on the perpetrator and not the victim [Altaf Vs State Govt of NCT of Delhi And Anr]..Justice Girish Kathpalia made the observation while rejecting the contention of an accused that prosecutrix would face stigma if the rape case is not quashed. Calling this argument "obnoxious", the Court said,“Learned counsel for petitioner contends that quashing the present proceedings would be in the interest of the prosecutrix, otherwise she would have to face stigma. I find this argument obnoxious, to say the least. The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong. There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.".The Court was hearing a plea filed by an accused booked for offences under the Protection of Children from Sexual Offences (POCSO) Act, seeking to quash the case.The accused claimed that he had reached a settlement with the parents of the prosecutrix. The Court rejected this contention, stating that the parents cannot settle the matter, as it is the prosecutrix who was wronged.“It is the minor girl, and not her parents who was wronged and suffered because of the alleged act on the part of the petitioner. It is only the prosecutrix, who could have pardoned the wrongdoer, that too in certain specific conditions.".Accordingly, the Court refused to entertain the petition of the accused seeking quashing of the rape case.Further, it imposed costs of ₹10,000 on the accused.“The petition is dismissed with costs of Rs.10,000/- to be deposited by petitioner with DHCLSC within one week,” the Court ordered dismissing the petition. .Advocate Sandeep Kumar appeared for the accused.Public Prosecutor Manjeet Arya appeared for the State. .[Read judgment]