印度首席大法官询问被控强奸未成年的男子:“你会娶她吗?”并批准其免受逮捕
2021-03-05 碧波荡漾恒河水 24421
正文翻译


The man told the court that he was a government employee who will be suspended if he was arrested or detained under criminal charges.

这名男子告诉法庭,他是一名政府雇员,如果应刑事指控遭到逮捕或拘留,他将被停职。

A Supreme Court bench headed by Chief Justice SA Bobde on Monday asked a government employee if he was willing to marry a woman who has accused him of repeatedly raping her when she was a minor, Bar and Bench reported.

据《法官和律师》报道,以首席大法官SA bode为首的印度最高法院法官,周一询问一名政府雇员是否愿意与一名女子结婚,而该女子指控该男子在她未成年时多次对她实施强奸。

The court was hearing a bail plea of 23-year-old Mohit Subhash Chavan, who is a technician with the Maharashtra State Electric Production Company. The Aurangabad Bench of the Bombay High Court had cancelled his anticipatory bail, according to Live Law.

该法庭当时在审理23岁的Chavan的保释请求。Chavan是马哈拉施特拉邦电力生产公司的一名技术人员。根据现行法律,孟买高等法院奥兰加巴德的法官取消了他的预提保释。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


During Monday’s hearing, the chief justice asked Chavan’s counsel: “Will you marry her?” To this, the advocate said he would reply after consulting his client.

在周一的审讯会上,这位首席大法官问Chavan的律师:“你愿意娶她吗?”对此,这位律师说他会在咨询了他的当事人之后做出答复。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


“You should have thought before seducing and raping the young girl,” Bobde responded. “You knew you are a government servant. We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her.”

“当初在引诱和强奸这个年轻女孩之前,你应该好好想想,”Bobde法官回应到。“你知道你是一名公务员。我们没有强迫你结婚。但如果你愿意,请告诉我们。不然你就要说我们逼你娶她了。”

The case was heard again for a brief period, and the advocate informed the court that Chavan had wanted to marry the girl but she had refused. “Now I cannot, as I am already married,” his counsel said. “Trial is going on, charges are yet to be frxd.”

该案件的审讯再次持续了一段时间,律师告诉法庭说,Chavan曾想娶这个女孩,但她拒绝了。“现在我不能娶她了,因为我已经结婚了,”他的律师说。“审判正在进行,指控还没有确定下来。”

Chavan had submitted that if he is arrested and detained in police custody under criminal charges for a period of 48 hours, then according to the state service rules “he shall be deemed to have been placed under suspension by an order of appointing authority”, India Today reported. The court granted the accused interim protection from arrest for four weeks, and said that he could apply for regular bail.

据《今日印度》报道,Chavan提交的文件称,如果他被警方以刑事指控逮捕并拘留48小时,那么根据国家公务规则,“他将被视为遭到任命当局下令停职”。于是法院给予被告四周的临时免受逮捕期,并说他可以申请定期保释。

A first information report against him was filed in 2019 for charges under Section 376 (punishment for rape), 417 (punishment for cheating), 506 (punishment for criminal intimidation) of the Indian Penal Code. It also includes Sections 4 (punishment for penetrative sexual assault) and 12 (punishment for sexual harassment) of the Protection of Children from Sexual Offences Act.

根据印度刑法第376条(强奸惩罚)、417条(欺骗惩罚)和506条(刑事恐吓惩罚),2019年提交了针对他的第一份指控信息报告。其中还包括《保护儿童免受性侵犯法案》第4条(对渗透性侵犯的惩罚)和第12条(对性骚扰的惩罚)。

The woman alleged that Chavan used to stalk her when she was 16 years old and studying in Class 9. She said the accused, who is a distant relative, one day entered her house when her family members were out.

这名女子声称,Chavan在她16岁上9年级时就经常跟踪她。她说,这名被告是她的远亲,有一天她的家人外出时,他进入了她的房子。

The woman’s application said:

这位女士的申诉书上写道:

“Since he was her distant relative, he used to keep coming to her house. She further alleged that during that period, he clandestinely effected entry into the house from a backside door and committed rape on her. He also threatened her of consequences if the incident was disclosed.

“因为他是她的远亲,常到她家里去。她还说,在此期间,他偷偷从后门进入房子,强奸了她。他还威胁她说,如果这件事曝光,她将面临后果。

She further alleged that even thereafter he continuously stalked her and threatened her. Pertinently, she alleges that he used to come frequently to her house and used to have sexual intercourse. She has also stated that sometimes, he used to use contraceptive. Since she was afraid, she never disclosed this fact to anybody.”

她进一步声称,即使在那之后,他仍不断跟踪并威胁她。她针对性地声称,他经常去她家,并经常与她发生性关系。她还说,他有时使用避孕用品。由于害怕,她从未向任何人透露过这件事。”

— The woman's application, reported 'Bar and Bench'
It also said the man had threatened to throw acid on the girl’s face if she told anyone about the incident, according to Bar and Bench. The man reportedly raped the complainant 10 to 12 times.

——据《法官和律师》报道,以上内容出自这位女性的申诉书。
根据《法官和律师》的说法,该男子还威胁说,如果女孩告诉任何人这件事,他就向她的脸上泼硫酸。据报道,这名男子强奸了申诉人10至12次。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


When the woman and her mother went to the police station to file a complaint, the accused’s family reportedly tried to stop them. Chavan’s mother then promised them that she would have her son married to the girl once she turned 18. However, the man refused to marry her and a complaint was filed against him.

据报道,当这名女子和她的母亲去警察局报案时,被告者的家人试图阻止他们。Chavan的母亲随后向他们保证,一旦她年满18岁,她就会让自己的儿子和这个女孩结婚。然而,Chavan拒绝娶她,并遭到起诉。
===另一篇报道===

New Delhi: Staying his arrest for a month, the Supreme Court asked a man whether he would marry the woman who had accused him of raping her when she was a minor.

新德里:最高法院询问涉案男子是否愿意娶受害女子——后者指控他在她未成年时强奸了她,法院将对该男子的逮捕推迟了一个月

NDTV has reported that the apex court was hearing a bail request of a government employee, one Mohit Subhash Chavan who has been accused of raping a schoolgirl. An employee at the Maharashtra State Electric Production Company, Chavan faces charges under the POCSO (Protection of Children from Sexual Offences) Act and had sought protection from arrest.

NDTV报道称,最高法院正在审理Mohit Subhash Chavan的保释请求,Chavan是一名政府雇员,被控强奸一名女学生。Chavan是马哈拉施特拉邦电力生产公司的一名员工,他面临着《儿童免受性侵犯保护法》的指控,并寻求免受逮捕。

Chavan reportedly told the Supreme Court that his mother had “offered marriage” with him to the victim when she went to police. Although she had initially refused, a document was reportedly drawn up – it is not clear as to between whom – where Chavan had promised marriage with the minor victim when she turns 18.

据报道,Chavan告诉最高法院,他的母亲在受害者向警方报案时已向受害者“提出结婚”。虽然她一开始拒绝了,但据报道,一份文件已被签署——尚不清楚是谁和谁签署的——这份文件称在她年满18岁时,Chavan答应与这名未成年受害者结婚。

The petition filed by Chavan says that when he refused to marry her once she turned 18, she filed the case.

Chavan在其提交的请愿书中说,当他拒绝在她18岁时娶她,她提起了诉讼。

“If you want to marry we can help you. If not, you lose your job and go to jail. You seduced the girl, raped her,” Chief Justice of India S.A. Bobde reportedly told Chavan’s lawyer, who said that his client could lose his job.

“如果你想结婚,我们可以帮助你。否则,你就会丢掉工作,进监狱。你引诱了那个女孩,强奸了她,”据报道,这位印度首席大法官对Chavan的律师说。后者说,他的当事人可能会丢掉工作。

An exchange then ensued where CJI Bobde asked Chavan, “Will you marry her?”

之后首席大法官Bobde问Chavan:“你会和她结婚吗?”

The Chief Justice also said, “You should have thought before seducing and raping the young girl. You knew you are a government servant.”

这位首席大法官还说:“在引诱和强奸这个年轻女孩之前,你应该考虑一下。你知道你是一名公务员。”

And also, “We are not forcing you to marry. Let us know if you will. Otherwise you will say we are forcing you to marry her.”

还有,“我们不是强迫你娶她。如果你愿意,请告诉我们。不然你就会说我们逼你娶她了。”

The accused later reportedly told the apex court that he cannot as he is already married. “Initially I wanted to marry her. But she refused. Now I cannot as I am already married,” NDTV quoted her as having said.

据报道,被告后来告诉最高法院,他不能这样做,因为他已经结婚了。“一开始我想娶她。但她拒绝了。现在不行了,因为我已经结婚了。”新德里电视台援引她的话说。

When Chavan stressed that he is a government servant who faces automatic suspension if charges are frxd against him, the apex court said, “That’s why we have given you this indulgence. We will stay the arrest for four weeks. Then you apply for regular bail.”

当Chavan强调“他是一名公务员,如果遭到诬陷,他将面临自动停职”时,最高法院说:“这就是我们给你这个宽限的原因。我们会将逮捕推迟四周。然后你再申请定期保释。”

Chavan had earlier been granted protection from arrest by a trial court but that had been quashed by the high court.

Chavan早些时候曾被初审法院批准免于逮捕,但后来被高等法院撤销。

Indian courts’ acceptance of marriage as a suitable resolution of rape cases has been commented upon and criticised by several legal experts and activists.

对于印度法院接受将结婚作为合适的解决强奸案件的方式,一些法律专家和活动人士提出了评论和批评。

“Women’s groups and advocates and child rights activists in India generally converge on the point that marrying the survivor is a time tested ploy by rapists to escape conviction or the prolonged sentence. This tactic takes advantage of cultural issues around rape, where raped women are, to this day, looked upon as jinda lash – living dead,” Albertina Almeida had noted in an analysis for The Wire.

“印度的妇女团体、倡导人士和儿童权利活动人士普遍认为,与受害者结婚,是强奸犯为了逃避定罪或刑期加长,而采取的策略,而且长期以来这一策略很管用。这种策略利用了围绕强奸的文化问题,直到今天,遭到强奸的妇女都被视为jinda lash,即活死人,”阿尔贝蒂娜·阿尔梅达在《Wire》发表的一份分析中指出。

NDTV itself cites the example of a rape accused from Punjab whom the Supreme Court allowed to walk free provided he married the victim.

NDTV自己也引用了旁遮普邦一名强奸被告的例子,最高法院允许他无罪释放,条件是他娶受害者。

In a 2013 case (Shimbhu & Anr vs State Of Haryana), however, the Supreme Court itself had come down heavily against the practice.

然而,在2013年的一个案件(哈里亚纳邦的Shimbhu & Anr案)中,最高法院本身曾强烈反对这种做法。

“…[R]eligion, race, caste, economic or social status of the accused or victim or the long pendency of the criminal trial or offer of the rapist to marry the victim or the victim is married and settled in life cannot be construed as special factors for reducing the sentence prescribed by the statute. The power under the proviso should not be used indiscriminately in a routine, casual and cavalier manner for the reason that an exception clause requires strict interpretation,” the court had said.

“……嫌犯或受害人的宗教、种族、种姓、经济或社会地位、刑事审判的长期未决、强奸犯提出与受害者结婚、或受害人已结婚并定居,都不能被解释为规约规定的减刑的特殊因素。由于例外条款需要严格解释,因此不应以常规、随意和漫不经心的方式不加区别地使用附带条款下的权力,”该法庭说。

评论翻译
AnthonyGonsalvez
I always like walking in the rain so no one can see me peeing.

我总喜欢在雨中散步,这样就没人能看到我撒尿了。

Admirable_Engineer79
Ah yes if you rape someone marry her what logic is that By this logic rape cases would go up by 100% WTF

啊哈,是的,如果你强奸了某人,然后跟她结婚(就可以免罪),这是什么逻辑,按照这种逻辑,强奸案会翻倍的吧!

TheSassyDoc
Everyday there seems to be a new low.

印度似乎每天都在刷新下限。

thedevilscreek
You’d think the CJI gets appointed after rigorous character uations and personality exams but hey, who’re we kidding

有人可能觉得,首席大法官可能要经过严格的性格评估和性格测试,才能得到任命,而实际情况就是在开玩笑。

raspberry_death
I'm in law school. Your words really hit me. It fucks with my mind how THE FREAKING CHIEF JUSTICE OF INDIA has managed to make it 'to the top' with these ridiculous views, meanwhile, people make me go through 5 levels of screening before sitting for an interview.

我是法学院的。你的话深深地打动了我。这个该死的印度首席大法官是怎么爬到“最高”法院的?是用这些荒谬的观点吗?这件事让我心烦意乱。与此同时,我想得到一次面试,都要经过五层筛选。

thedevilscreek
I feel you, just goes to show how broken the system truly is.

我对你感同身受,正好说明了这个制度其实是多么稀烂。

madamplease
Jinhe naaz hai hind par, woh kahaan hai?
He's a rich Nagpur boy with massive privilege in his upbringing. His family has ties to the RSS. We all know how and why he made it to the top.

他是个富有的Nagpur人,其成长过程享受了极大的特权。他的家族跟RSS有关系。我们都知道他是怎么以及为什么会坐到最高的位置上的。

0x10y10z
not surprised at all

一点都不惊讶。

simian_ninja
Sometimes India skips the step forward and just takes about fifty back...

印度有时候会前进一步,然后后退50步……

rokit1307
Supreme court is high on dhaniya these days

这些天最高法院磕嗨了。

madamplease
Reminder that the man raped a minor. He raped a child.

提醒一下,这个人强奸了未成年人,他强奸了一个孩子。

IAmAWasteOfMatter
Remember kids, just because someone holds a position or an esteemed office of power or authority, doesn't make them honourable.

记住,孩子们,仅仅因为某人拥有一个职位,或一个受人尊敬的权力或权威的职位,并不意味着他们值得尊敬。

TasilaAlisat
No wonder the dude doesn't like being called 'your honor'.

难怪这家伙不喜欢被称为“阁下”。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


benketeke
Motorcycle Bobde from Nagpur sounds like a comedian.

来自Nagpur的飞车党Bobde说起话来就像个戏剧演员。

akshayxyz
WTF!!!! For the victim - No consent before rape, no consent after rape.

什么鬼!对于受害者而言,强奸前没有征得她的同意,强奸后也没有。

thedevilscreek
Well said, basically no consent required from women in general.

说得好,印度通常基本上不需要征得女性的同意。

Significant-Board731
He has a wikipedia page https://en.wikipedia.org/wiki/Sharad_Arvind_Bobde yall know what to do.

他有个维基百科页面,大家都知道该怎么做了吧。

Achilles4131
how about we hang that loser and make an example out of him.

我们不如绞死这个废柴,以儆效尤。

BaroonMacaroon
Would he be fine if someone asks his daughter the same thing?
Scumbag Judiciary of India
Downfall has begun...or had it begun in 2014?

如果有人这样问他的女儿,他可以接受吗?
印度的人渣法官,
印度已经开始堕落了,或者说在2014年已经开始了?

thedevilscreek
Let’s be honest, didn’t influential men like these exist from before BJP’s time? They always did and still do.

老实说,像这样有影响力的人在印度人民党时代之前不是就存在了吗?他们一直在那里,现在仍然是。

Usual-Competition-45
How can you say that ? Its the rotten apple argument all over again. The judiciary is filled with scum like this. High court judges can be bought for 50 lakhs. These guys are most corrupt. These guys have zero value for human dignity. They treat the criminal justice system as their fiefdoms. no wonder people in India, dont bother going to the Police. The rich and privileged get bail , but poor people stay on as undertrials for years.

你怎么能这么说?又是那种“烂苹果”的论点了。司法部门里到处都是这种人渣。高等法院的法官可以被500万美元收买。这些人是最腐败的。这些人对人类尊严毫无敬意。他们把刑事司法系统当作自己的领地。难怪印度人懒得去报警。富人和特权人士可以获得保释,而穷人则被当作候审者而被拘留数年。

lgggg21
so convenient for CJI who has been accused of sexual harassment himself, and ruled the case is his benefit

这位首席大法官本人就一直遭到性骚扰的指控,所以他会轻易这样做,而且这样审理案件也有利于他自己。

jags1611
The CJI accused of harassment was Ranjan Gogoi. This is Bobde

被指控性骚扰的首席大法官是Ranjan Gogoi,这个是Bobde。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


benketeke
Motorcycle Bobde from Nagpur

他是来自Nagpur的飞车党Bobde。

krish0596
If YoUr cRuSh DosEnT gIvE a ShIt on U JusT rApE HeR

如果你一见钟情的人不喜欢你,那就强奸她。

RedDevil-84
We don't live in that kind of country anymore.

我们不再生活在这种国家了。

Pr0066
Oh he was not misquoted?
/s

哦,没有引用错他的话吧?
/狗头。

notFYI
We had a judge preside over his own sexual harassment case and handed him a nomination to the RS.
I dont think this guy will step down.

有个大法官负责审理他自己的性骚扰案,还得到了一个进入RS的提名。
我觉得这家伙也不会辞职的。

mirraa-
How can any girl in India feel safe with chief justice like bobde, he must step down immediately. I have nothing but contempt and disgust for him. He clearly don't think women are human beings, he is not fit to be judge let alone CJI. He's asking a man who violently and repeatedly raped 16- year old minor girl with threats to throw acid on her, burn her with petrol and killing her brother - all designed to silence her from complaining about the sexual assault, if he will marry his victim. With what authority can he even suggest a girl to marry her rapist? How can a sensible human think of such solution? Indifference and cruelty towards women is becoming new normal in right wing controlled institutions.

有bobde这样的首席大法官,印度女孩怎么能感到安全呢?他必须马上辞职。我对他只有轻蔑和厌恶。他显然不把女人当人看,他不适合当法官,更不用说当首席大法官了。他竟然问一个强奸犯要不要娶受害者,这个男人多次暴力强奸了一个16岁的未成年女孩,并威胁说要向她泼硫酸,要用汽油烧她,要杀掉她的哥哥——所有这些都是为了让她不再投诉自己遭到性侵犯。他有什么权力建议一个女孩嫁给强奸她的人?理智的人怎么会想到这样的解决方案呢?在右翼控制的机构中,对女性的冷漠和残忍正成为一种新常态。

benketeke
I thought motorcycle Bobde was cool. Apparently not.

我曾经觉得飞车党Bobde很酷,但显然不是。

shverma
Is he just doing outrageous stuff to make people forget about the farmers' protests?

难道他只是为了让人们忘记农民抗议而在做些无耻的事吗?

itskilo122
well, could be.

嗯,有可能。

kumbhakaran
Not everything is a distraction. Sometimes people in power do daft shit just for the heck of doing daft shit and out of sheer arrogance that they can do daft shit and get away with it too.

并不是每件事都为了分化公众注意力。有时候掌权者只是为了做蠢事而做蠢事,只是出于纯粹的傲慢,而且他们做了蠢事,也可以不受惩罚。
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


cooldroid7
Chief Joke of New India. Let's say, if he were to rule this in an order tomorrow, who can overrule his judgement?

这是新印度的首席大笑话。假设他明天做出裁决,谁能推翻他的判决?
原创翻译:龙腾网 http://www.ltaaa.cn 转载请注明出处


CID-Moosa
"India is safe for women," say bhakts. Meanwhile, girls need pepper spray to go outside, can't wear clothes they like, can't go in crowded spaces for fear of being groped, can't go in isolated spaces for fear of being raped (and/or abducted, murdered, tortured), can't go out alone, can't seek justice in spite of laws that are said to "favour" them. This country is terrible for women, without a doubt.

“印度对女性来说是安全的,”印度教徒说。同时,女孩外出需要带胡椒喷雾,不能穿她们喜欢的衣服,因害怕遭到轮奸,而不能前往人多的地方,因害怕遭到强奸(和/或遭到绑架、谋杀、折磨),不能前往偏僻的地方,不能独自外出,不能去寻求正义,尽管有人说法律在“偏袒”她们。毫无疑问,这个国家对女性来说很糟糕。

memesdoge
we have more laws protecting fucking cows than laws protecting women, guess who's going to Goa to eat some delicious cow steak

我们印度保护牛的法律比保护女人的法律还多,试问谁敢去果阿吃美味的牛排。

CID-Moosa
not even laws, forget laws. we have more men speaking out against cow-oppression than misogyny and crimes against women. this sanghi BS is creating nationwide brain rot

连法律都不行,忘了法律吧。站出来反对压迫牛的人,比反对女性歧视和针对女性犯罪的人还多。这种印度教的胡说八道正在制造全国性的脑瘫。

Toddler_dictator
What you people got against cows lol

你们敢反对牛?知道是什么下场吗?哈哈。

indian_beardo
Bhakats: Pakistan is more dangerous. Girls are lucky to be born in India.

印度教徒:巴基斯坦更危险。女孩们生在印度是走了大运。

CID-Moosa
I always respond to this with "but why not Canada," and I get called antinational. so guess who's got two thumbs and leaving the country XD

我一直用“为什么不说加拿大呢”来回应这种话,但他们都说我是叛国贼。所以我就离开了那个国家。

mee-thee
India was never safe. It’s not just in the tenure of the present govt. but from many many years..

印度从来都不安全。这不仅仅是在现任政府任期内,而是很多年以前就是这样了……
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diva-fairytale-boss
Very tragic

真惨。

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