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Calling wife a PROSTITUTE a grave provocation

Calling wife a PROSTITUTE a grave provocation

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  • GS 2 || Governance & Social Justice || Vulnerable Sections || Women

 Why in News?

  • A husband calling his wife a prostitute would amount to ‘grave provocation’ and the death caused in such an instance would be punishable as culpable homicide not amounting to murderthe Supreme Court has ruled.

 Background

  • The case was reported from Ooty in 2002. According to the police the deceased husband suspected his wife of having an illicit relationship with co-accused Nawaz (then 22). On October 20, 2002, the deceased had an altercation with his wife and called her a “prostitute”. He even accused her of converting their 17-year-old daughter into a prostitute.
  • While the couple was quarrelling, Nawaz, who was in the house on that day, came to console the husband and asked him not to fight with his wife and daughters, the prosecution said.
  • When the husband refused to give up, Nawaz slapped him. Later, both the wife and Nawaz throttled the husband with the help of a towel and in an attempt to conceal the offence, two burnt his body.
  • The woman in question was having an extramarital affair. On the day of the incident, her husband called her and their elder daughter “prostitutes”. 

 Supreme Court’s Verdict

  • The bench of judges comprising justices MM Shantanagoudar and Dinesh Maheshwari converted the conviction under Section 302 IPC (murder) to Section 304 Part I IPC (culpable homicide not amounting to murder), and said: The deceased provoked the accused by uttering the word ‘prostitute’. In our society, no lady would like to hear such a word from her husband. Most importantly, she would not be ready to hear such a word against her daughters. The incident is a result of a sudden and grave provocation by the deceased.”

 What is Culpable homicide?

  • Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
  • Culpable Homicide is not amounting to murder in following instances:
  • Provocation
  • Right of private defense.
  • Public servant exceeding his power.
  • Sudden fight.
  • Consent

 Contentions

  • There was no reason for the second accused to feel “Provoked”who was the one, who initiated the attack.

 Mains Question

A husband calling his wife a prostitute would amount to ‘grave provocation’ and the death caused in such an instance would be punishable as culpable homicide not amounting to murder, the Supreme Court has ruled. Do you think the judgment advances the cause of women in India?