The Gujarat High Court has issued a significant observation regarding the tragic suicides of married women facing cruelty. The court stated that non-protective parents and even caste or community heads share responsibility in these cases. These individuals could potentially face abetment charges under the Indian Penal Code.
Court's Progressive Approach to a Patriarchal Society
Justice Gita Gopi made these remarks while deciding a decades-old case from 1996. The case involved Rita Mehta, who died by suicide along with her one-year-old son. Rita had sought refuge at her parental home due to her husband Niranjan Mehta's alleged violent behavior, reportedly fueled by alcohol.
When her parents insisted she return to her matrimonial home, Rita jumped before a moving train with her child. This heartbreaking incident highlighted the desperate situation many women face when they have no safe place to go.
Acquittal Due to Lack of Evidence
The husband was originally prosecuted and sentenced to seven years' imprisonment under IPC Sections 498A for cruelty and 306 for abetment of suicide. However, he challenged the conviction through advocate H B Shethna.
The defense argued there were gaps in the evidence chain. They claimed there was no concrete evidence regarding the accused's alcoholism. Therefore, the domestic violence allegation did not stand firmly in court. The defense also contended that the parents, by refusing to protect their daughter, were equally responsible for driving her to suicide.
While acquitting the husband for lack of sufficient evidence, Justice Gita Gopi addressed this argument directly. She stated that such reasoning requires a constructive place in criminal jurisprudence.
Parents Need Education About Their Responsibilities
The court emphasized that parents must be educated about their duties. In any adversity of life, they have no right to endanger the lives of their children. The judgment pointed out that when a daughter wants to return to her parental home and parents deny her or force her back to a cruel matrimonial house, those parents could potentially be made abettors to the suicide.
During the hearing, the high court was informed about cases where women were booked posthumously for killing their children in suicide incidents. Referring to this practice, the court suggested a progressive application of the law.
Invoking Section 306 Against Multiple Parties
The court proposed that police could think progressively with an intention to bring change through their policing. In a patriarchal society where the will of the male head or the caste and community head prevails, the lives of innocent daughters remain at constant risk.
Invoking Section 306 of the IPC against parents, family members, and even caste or community heads could potentially reduce the ratio of suicidal deaths among daughters who find no place to go for their safety. The court believes this approach could bring down the number of suicides by married women significantly.
Legal Remedies Available Under Domestic Violence Act
The court further observed that parents should not force daughters to continue enduring cruelty at their in-laws' homes. Instead, they should explore and utilize legal remedies available under laws such as the Domestic Violence Act. These legal provisions exist to protect women from marital cruelty and provide them with safer alternatives.
The Gujarat High Court's observations mark a significant step toward holding multiple parties accountable in cases of women's suicides resulting from marital cruelty. By suggesting that parents and community leaders could face abetment charges, the court aims to create a more protective environment for vulnerable women.
