Calcutta High Court Connects Women's Cricket Victory to Lingering Inequality in Tragic Dowry Death Case
In a poignant ruling that juxtaposes national celebration with grim reality, the Calcutta High Court has overturned a trial court's decision to discharge the in-laws of a woman who killed her 1.5-year-old daughter and died by suicide. The court made this observation on February 6, while highlighting that despite the recent triumph of the Indian women's cricket team in the World Cup, complete equality for the girl child remains a distant goal in society.
Justice Apurba Sinha Ray's Reflective Remarks on Equality
Justice Apurba Sinha Ray, presiding over the case, delivered a powerful statement that resonated with both hope and despair. "Although we are happy and indeed, rejoicing that our daughters won the World Cup in cricket recently, and they are also making remarkable achievements in different fields, the passing away of Rudrika at the age of 1.5 years reminds us that we still have to go a long way to achieve complete equality for our girl children," he asserted.
Emphasizing the broader societal implications, Justice Ray invoked a profound quote from Justice Krishna Iyer's essays: "No society is free until the last damsel in distress is free." This underscored the court's stance that legal and social freedoms must extend to all women, regardless of circumstance.
Detailed Background of the Bhawna Sharma Case
The case revolves around Bhawna Sharma, who married Neeraj Sharma, a Navy officer, in 2018 and initially moved to the Andamans. However, according to testimonies from her relatives, she did not reside there continuously. After a few months, she returned to her matrimonial home in Pathankot, where she allegedly faced severe torture from her parents-in-law, brother-in-law, and sister-in-law.
The situation escalated dramatically after Bhawna gave birth to a girl child. Her in-laws reportedly taunted her and demanded a hefty sum of Rs 5 lakh from her father, ultimately driving her out of the house. Bhawna sought refuge at her parents' home, and her father managed to pay Rs 1 lakh, but the alleged harassment persisted unabated.
Tragic Events Leading to the Double Death
On May 4, 2021, Neeraj took Bhawna and their child back to the Andamans. Tragically, on July 8, 2021, Bhawna locked herself inside a room, strangled her 1.5-year-old daughter, and then hanged herself. Neeraj and neighbors broke open the door to discover the horrifying scene. Initially, a neighbor filed a murder complaint against an unknown person, but later, Bhawna's father lodged a formal complaint at the Pahargaon police station against Neeraj and four in-laws.
Charges were framed under Section 498A for cruelty and Section 304B for dowry death. However, the trial judge discharged the in-laws, reasoning that the couple had been living in the Andamans, far removed from the accused relatives. Only Neeraj was charged in the initial proceedings.
High Court's Critical Reversal and Legal Arguments
The state challenged this discharge order before the Calcutta High Court's Port Blair circuit bench, arguing that Bhawna was subjected to relentless physical and mental cruelty, which ultimately compelled her to take her own life and that of her baby. In response, counsel for the discharged in-laws contended that there had been a serious altercation between husband and wife, labeling Bhawna's actions as evidence of "how cruel a mother can be."
Justice Ray countered this argument with a nuanced perspective: "Argument was advanced regarding the cruel nature of the deceased Bhawna, who strangulated her own child before her suicide. But whether it was her cruel nature or the compulsion resulting from not having a male child — beyond the wish of God — that swayed her decision ultimately to kill not only herself but also her girl child, who was looked down upon, is a subject matter of evidence."
The High Court set aside the trial court's decision, criticizing the sessions judge for failing to consider witness statements "in their proper perspective." This ruling reinstates the charges against the in-laws, emphasizing the need for a thorough examination of the evidence in light of the alleged dowry-related harassment and societal pressures.
Broader Implications for Gender Equality and Legal Accountability
This case highlights the persistent challenges in achieving gender equality in India, even as women excel in fields like sports. The court's linkage of the Women's Cricket World Cup victory to the tragic fate of a young girl serves as a stark reminder that legal protections and social attitudes must evolve simultaneously. By overturning the discharge, the Calcutta High Court reinforces the importance of holding all parties accountable in dowry death cases, ensuring that justice is not diluted by geographical or procedural technicalities.
The ruling also sparks a broader conversation about the deep-seated biases against girl children and the devastating consequences of dowry demands. It calls for continued vigilance and reform in both legal frameworks and societal norms to protect vulnerable women and children from such atrocities.
