The Bombay High Court delivered a significant judgment. It ruled that taunting a woman about her dark complexion does not amount to “cruelty.” This is stated under Section 498A of the Indian Penal Code (IPC). This only applies unless the conduct is of a severe and willful nature.
Justice SM Modak delivered the ruling on July 11. This happened during the appeal of a man convicted of abetting the suicide of his wife. He was also convicted for alleged cruelty. The case dated back to 1995, when the wife died by suicide merely two years after her marriage in 1993.
The prosecution had accused the husband of mentally harassing his wife, Prema. The harassment was particularly on grounds of her complexion and her cooking. The trial court found the husband guilty under Section 306 for abetment of suicide. He was also found guilty under Section 498A for cruelty by husband or relatives. He was sentenced to five years in prison. The father-in-law, who was also chargesheeted, had been acquitted at the trial level.
However, Justice Modak found that the evidence presented by the prosecution failed to establish a consistent pattern of harassment. It was not severe enough to invoke Section 498A. It also did not support a conviction under Section 306.
“Prema was being taunted on account of her complexion. I do not think it falls within the explanation to Section 498-A of the Indian Penal Code,” the judge said. However, the judge stressed that this assessment was based on specific legal interpretations. The judge emphasized that the law requires conduct to be willful and of a high degree. This is necessary to sustain a conviction under the said provision.
The Court further observed that mere domestic quarrels or occasional taunts are regrettable. However, they cannot meet the threshold of legal cruelty. This is unless they are shown to be consistent and grave in nature.
“There is no finding that the harassment is of high degree. Such a finding cannot be made. Even if the reasons for harassment are admitted, no case will fall under Section 498-A,” the order read.
The Court concluded that the prosecution had failed to establish a direct link. They could not connect the alleged harassment to the woman’s death. The woman’s death was by suicide. As a result, the conviction was set aside and the accused acquitted after nearly three decades of legal proceedings.
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