(Partly true story based on a case I argued 20 years ago in Supreme Court)
In a small village
She lived in a hell
Her husband used tokill her everyday
And neighbours usedto pity her
One day she killedher husband
The neighboursgathered around
Shocked in disbelief
Wondered how a womankill a man?
And she was ready togo to jail too!
The village vultureseyed her with interest!
She was still youngand had no relatives
She looked an idealprey!
Sarpanch came andtook her to police
Police took her thumbimpression on a paper
And wrote thatrobbers killed her husband
It looked better to them
to keep the young woman in village than in jail
The woman however thought otherwise
She felt, people in jail may be better than people outside
The woman went to Magistrate
And told him truth,
That she herself hadkilled her husband.
Police charge-sheetedher on two counts
One, for offence of givingwrong statement
To an upright policeofficer
And on second charge,
for offence ofkilling her husband who was a beast
She was sentenced tosix months
For telling a lie to apolice officer,
And she was sentencedto life imprisonment
For speaking truth to a Magistrate
and to kill a husband who was a beast.
Haresh Raichura
(from book Tomato Soup for Judges and Lawyers)
Some Thoughts
Laws are blind because the Motive for a murder is not required to be seen as per laws. Consequently, Police is also not required to investigate and prove motive of a crime.
If there are any peas available for self defense, it has to be specifically taken in Trial Court. At later stage, courts do not permit you to raise it.
Instant case was of a very poor woman, living in very small village.
Probably, legal aid was given to her at much later stage after charge sheet was filed.
Where a constantly tortured woman kills her husband, some defenses on self defense could be available. A senior advocate told me that in a case of sexual assault, in self defense, a woman is permitted to go to extent of killing the assaulter.
Until the law insist that in such cases, police must investigate and prove motive also, I think the law will remain blind as such.
Haresh A. Raichura 
Dear Haresh Ji,Thanks for citing an example from your experience as a lawyer. Impartiality of the law is often depicted as the 'blindness' of law, which many law makers knowingly or unknowingly let to be interpreted as merciless!Our problem is our inability to derive laws which are impartial and at the same time merciful. How can you do that when the legacy of the legal system is founded on the principles of 'an eye for an eye' which originated at a time when human kind was still in the beastly stage of evolutionary development? Unless, the majority of people progress to a mindset of 'humane' human beings,we cannot expect to have a legal system which is more humane than beastly! Till such time, such 'blind' laws and 'blind' law interpretations would continue ! For the transformation to take place, efforts by good meaning people like you might be helpful.
Sir, I fully agree with you. We just don't to how to deal with system. During hearing of criminal, in Supreme Court, Senior Judge(Now retired) said this, "In criminal law, we just keep swinging from one extreme End to another extreme End, like a peduleum."All problems do not have solutions. Administration of Criminal Justice is one such problem coupled with 1) Paucity of Judges 2) Lack of willingness at top to humanize system by studing balancing systems in use in other countries. As an idividual, I think we can do only that which Premchand Munshi, a hindi author deed. He had TB. He used to spend money for his treatment for publishing his stories. His each story forced us to become more human. During his lifetime, no one bother about him. Hundred years, latter his books were sold in crores copies and humanized many hearts.We are all passing through a process of gradual evolution.Thanks for commenting on my blog. I have read your every word twice.Haresh Raichura
lovely..you have shown the true picture of an Indian woman..no matter what she goes through with her hubby or her inlaws its expected of her to keep shut and not voice out in public..Until that moment everyone takes pity but once she voices out every one backs out and its becomes hers and her maternal family's fight ! But no matter what there are few well wishers and few evidences that would stand out hopefully in the coming days- or am I being too hopeful? Well I guess as its said if god's eyes are open he would for sure do justice !!
Reply to Deepti: I want to say three things: 1) Magical Thinking, expecting help from supernatural God does not work as per world view, though I myself have been helped a thousand times by God from an almost impossible for anyone to help type situation. But He just does not give us guarantee to help every time. 2) Even God has put a rider. He will help only those who help themselves. This is a mandatory condition. 3) God created this world, on "Survival of Fittest" basis. You have to become fit to survive by taking head on all challenges your circumstances confront you with. Be brave. At the same time, be practical, be reasonable and also try to think from the view point of other side. My Senior said, however intellectual a woman may be, she may become a managing director or a High Profile Advocate, she always remains a woman. Her emotions can override every other things in her life!Haresh Raichura
🙂 very true I do agree with almost all the points you stated in the reply sply with your senior 🙂 we are taken for a ride every time on basis of emotions only..Men know its easier to hunt.tame a woman with her emotions and they play on it..