The Madras High Court on Monday (9th November) observed in a case that “character assassination is a common practice done by greedy men and women in a male-dominated society is very common and the irony is, it is prevalent even among the same gender in our country.”
Justice S.M. Subramaniyam heard the bail petition of the petitioner who is also an accused, arrested, and was in judicial custody for the offense punishable under Section 306 of the Indian Penal Code, respondent being the Police.
The matter before the Court-
The petitioner was alleged as an accused in the case of abetment to suicide, the suicide committed by a girl who was known to be a relative of the accused. It was alleged that the continuous habit of the accused of assassinating the character of the deceased harassed her to the extent that she committed suicide due to such assassination and mental harassment by setting herself ablaze.
The petitioner ( accused) was arrested in the present case on the basis that he harassed the deceased by continuously assassinating her character.
What did the Court observe?
On the matter of Right to Die, the Court stated,
“ Right to die is not guaranteed to the citizens of our country. However, there are some people who have a view that the Right to Life must contain the Right to Die. The Right is guaranteed under Article 21 of the Indian Constitution. Even the Indian Penal Code doesn’t have a provision to punish a person who got successful in committing suicide, because it is the self- harming death. “
The Court Continued,
“ Persons who made/ abet the deceased to such extent that unfortunately, she ended her life will be prosecuted. This is a matter of serious nature and while concluding with regard to abetment to suicide, the Court observes that abetment is present in the instant case. However, the facts and circumstances of the case must be taken into consideration.”
“ Gossiping and assassinating someone’s character is a practice done by many greedy men and women and even unintentional character assassination can have a very adverse impact on the individual’s mind.”
The Court said that it cannot be concluded that the assassination of character is the only cause of the commitment of suicide by the deceased.
The Court granted bail to the petitioner/accused on a condition that he should fill a bond for a sum of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties to the satisfaction of the learned Judicial Magistrate.
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