‘Misogyny, not malice': HC reduces jail term of women facing suicide abetment charges
Madras high court
has reduced the three-year imprisonment awarded to them to the period already undergone in prison.
The issue pertains to a relationship between the girl and her neighbour, a 19-year-old boy. When their relationship came to light, both families decided to get them married. Kayar Nisha and Rafia, aunts of the boy who were against the marriage, barged into the girl's house when her parents were not around and verbally abused her, threatened her and told her that she should die by suicide.
Unable to bear it, the girl ran inside the house, poured kerosene, and set herself on fire.
She died on Sept 2, 2011, after giving a dying declaration before a magistrate that the two women abetted her suicide. On July 27, 2016, the trial court convicted the women and sentenced them to three years rigorous imprisonment with a fine of 2,000 each.
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Aggrieved, the women moved the present appeal.
While holding that their conviction under Section 305 of IPC was justified, Justice D Bharatha Chakravarthy, said: "Their behaviour (admonishing the girl instead of the boy) stems from internalized misogyny, which is a product of our male-dominated society.
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They are conditioned to question the woman without realising they themselves are victims of such a mindset. In doing so, they harmed a girl and made themselves liable for punishment.
"
They have shown remorse and are only eking out their livelihood in their respective families and need not be committed again to prison for reformation, he said. In total, the first appellant served 90 days in prison, and the second appellant served 83 days. Therefore, I believe the sentence should be modified to the period already undergone, the judge concluded.
The judge further said: "However, the appellant shall also continue to feel the pinch of their action, and it would be appropriate to increase the fine from 2,000 to 20,000."
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