“Behaviour Stems From Internalised Misogyny”: Madras High Court Reduces Sentence Of Women Who Admonished Minor Leading To Her Suicide

While the court upheld the conviction, Justice Bharatha Chakravarthy was inclined to reduce the sentence imposed on the women, noting the mitigating factors. The court noted the background of the women, and opined that their behaviour stemmed from an internalised misogyny which was a product of the male-dominated society. The court added that it was the society's mindset that had prompted the women to question the girl for having a relationship, instead of admonishing their nephew.

“Though I have considered the ill behaviour of the appellants, admonishing the girl child instead of the boy, despite them being from the boy's family, I take this into account again as a mitigating factor for imposing a lesser penalty. 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 court said.

The court also noted that the area to which the women belonged was a metropolitan area where ordinary women were barely recognised. Considering the age, livelihood, and other factors, the court opined that the women, who have shown remorse, need to be committed to prison again for reformation. 

"This part of the area where the offence was committed, namely Kuniamuthur, is part of South Coimbatore, a metropolitan area, and these ordinary women, working as Domestic Helpers and Daily Wagers, are barely recognised or known and it cannot be said that their shorter imprisonment term will result in the erosion of the deterrent effect on the society. 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," the court added.

The two women were accused of abetting the suicide of a 15-year-old girl, with whom their nephew had a relationship and was to be married. The girl, who was studying in the VII standard, fell in love with the appellant's nephew, who was her neighbour and 19 years old at that time. Though the boy's parents initially admonished him for his actions, they later agreed to get him married to the girl. Subsequently they talked to the girl's family and arrangements were made to get the couple married. 

While so, the appellants, who are the boy's aunts, went to the girl's house and shouted at her about the relationship. They verbally abused her with sexually coloured remarks, threatened her and scolded her by saying that she should commit suicide. Unable to bear it, the girl went inside the house and set herself on fire. The girl eventually succumbed to her injuries. Based on the girl's complaint and the dying declaration, the trial court found the women guilty under Section 305 of the IPC and sentenced them to 3 years' rigorous imprisonment along with a fine of Rs. 2000 each. 

On appeal, the women argued that there was no intention to lead the girl to suicide. It was argued that the trial court failed to consider the social background of the parties, where it was common to intervene in each other's affairs. The appellants also argued that they were women and were themselves in a precarious situation. It was submitted that the appellants were victims of their social upbringing, which was also not considered by the trial court.

The state, on the other hand, submitted that there was ample evidence that the appellants had used unduly harsh words and sexually coloured remarks which, if spoken to any young child, would cause significant anxiety and sadness, leading to an inclination to commit suicide. Thus, the State submitted that the trial court had rightly convicted the women. 

The court noted that the prosecution had proved all elements of offence under Section 305 of IPC. The court was satisfied that the women had scolded, threatened and abused the child on a manner which was unbearable for any child of that age, prompting her to suicide. Thus, the court held that the conviction under Section 305 was justified. 

However, considering the mitigating circumstances, the court was inclined to reduce the sentence. The court thus modified the sentence of rigorous imprisonment for the period already served and increased the fine amount from Rs. 2000 to Rs. 20,000. The court directed the appellants to pay the remaining fine amount of Rs. 18,000 within four weeks.

Counsel for Appellant: Mr. J. Franklin

Counsel for Respondent: Ms. J. R. Archana, Government Advocate (Crl. Side)

Case Title: Kayar Nisha and Another v. State

Citation: 2025 LiveLaw (Mad) 236

Case No: Crl.A.No.572 of 2016