'Conditioned to Blame the Girl': Madras HC Cuts Jail Term of Women Who Abetted Teen’s Suicide for Love Affair
Court noted that the women, though from the boy’s family, targeted the girl, a response rooted in internalised misogyny, without realising that they themselves were victims of the same mindset;
The Madras High Court recently upheld the conviction of two women accused of abetting the suicide of a 15-year-old girl but significantly reduced their prison sentence, citing their socio-economic hardship and internalised misogyny.
In 2011, in Kuniamuthur, Coimbatore, a minor girl set herself ablaze after facing humiliation from her lover’s aunts, Kayar Nisha and Rafia. The girl had fallen in love with her 19-year-old neighbor Saddam Hussain, and their families had consented to their marriage. However, the two aunts vehemently opposed the alliance.
On 18 August 2011, the accused confronted the girl outside her house, hurled sexually coloured abuses, and even told her to go and die. The girl, distraught and alone at the time, ran inside, poured kerosene on herself, and set herself on fire. She succumbed to her burn injuries on 2 September 2011.
The police initially registered a case under Section 309 IPC (attempt to suicide), but after her death and a detailed investigation, including a dying declaration, the charge was altered to Section 305 IPC (abetment of suicide of a minor). The Mahila Court convicted both women in 2016, sentencing them to three years of rigorous imprisonment and a fine of Rs. 2,000 each.
On appeal, the bench of Justice D. Bharatha Chakravarthy of the high court upheld the conviction, noting that the accused's words were “excessively harsh and sexually charged” and would have had a deep psychological impact on a minor.
"Their conduct of going to the girl and admonishing her is inherently unacceptable, and the words spoken by the accused are excessively harsh and extremely sexually charged, likely to drive any 15-year-old child to suicide," the judge held.
However, the court chose to reduce their sentence, citing their background. Kayar Nisha, 64, is a widow who works as a domestic helper and suffers from hypertension. Rafia, 40, is a daily wager with two young children. Court also highlighted that the women’s actions were influenced by internalised misogyny, conditioned by a patriarchal society that often blames the girl in matters of relationships.
"Their behaviour stems from internalised misogyny, which is a product of our male-dominated society. They are conditioned to question the female without realising they themselves are victims of such a mindset. In doing so, they harmed a girl child and made themselves liable for punishment", the judge observed.
The sentence was reduced to the time already served, 90 days for Kayar Nisha and 83 days for Rafia. However, their fine was increased to Rs. 20,000 each, to be paid within four weeks or face two months’ simple imprisonment.
Case Title: Kayar Nisha and Anr vs. State
Download judgment here