⚖️ Sentence Reconsidered in Light of Societal Conditioning
The Madras High Court acknowledged internalised misogyny in a judgment while reducing the sentence of two women convicted of abetting the suicide of a 15-year-old girl, noting that their actions were influenced by patriarchal social norms.
Justice D Bharatha Chakravarthy, presiding over the appeal (Kayar Nisha & Anr v State), ruled that while the women acted harmfully and deserved punishment, generational conditioning, not personal malice, motivated their response to the minor’s romantic involvement.
“They are conditioned to question the female without realising they themselves are victims of such a mindset,” the Court observed, calling this a mitigating factor.
📂 Case Background
| Year | Event |
|---|---|
| 2011 | Girl admitted to CMC Hospital, Coimbatore, with burn injuries |
| September | She succumbed after allegedly being abused by two women |
| Trial Court | Convicted both women under Section 305 IPC, sentenced to 3 years |
| July 2025 | High Court upheld conviction but reduced sentence to time served |
🧠 What Is Internalised Misogyny?
Internalised misogyny is when women adopt patriarchal beliefs and unconsciously enforce gender stereotypes, often blaming or policing other women. The Court found this to be evident in how the aunts verbally abused and humiliated the girl, despite being women themselves.
🔍 Court’s Final Ruling
- Conviction upheld under Section 305 IPC (abetment of suicide of child)
- Sentence reduced to time already served (90 and 83 days)
- Fine increased from ₹2,000 to ₹20,000 each
- Marriage between minor and adult called potential child marriage under POCSO Act
“Had the marriage gone through, it would likely have constituted a punishable offence,” the Court noted.
🗂️ Legal Representation
| Party | Counsel |
|---|---|
| Appellants (Convicted) | Advocate J Franklin |
| State | Government Advocate JR Archana |
🧾 Legal Implication & Societal Insight
This judgment highlights an evolving legal mindset where courts are beginning to factor in social psychology and cultural conditioning while assessing culpability. It opens space for more nuanced interpretations of intent and accountability.
💬 Vakilify Insight
This ruling isn’t just about reducing a sentence—it’s about recognizing how internalised misogyny in court judgment can challenge traditional notions of blame and intent. The verdict shows that justice can acknowledge trauma, context, and structural bias, without letting harm go unaddressed.
📌 Legal Insight and Related Content
| Resource | Description |
|---|---|
| IPC Section 305 – Abetment of Child Suicide | Legal provision applied in this case |
| POCSO Act Overview | Explains why marriage to the minor would’ve been illegal |
| Understanding Internalised Misogyny in Law | Dive deeper into how courts engage with social conditioning |
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