The Calcutta High Court’s Port Blair Circuit Bench has overturned the discharge of the in-laws of a woman who died by suicide after allegedly facing dowry-related cruelty, directing their surrender and framing of charges. The court lamented continued societal discrimination against girl children, invoking Justice Krishna Iyer’s reflections on gender justice.
Bhawna, a woman residing in Port Blair with her husband since their marriage in 2018, died by suicide on July 8, 2021, after allegedly strangulating her one-and-a-half-year-old daughter, Rudrika. At the time, her husband was at work. Allegations later emerged that Bhawna had been subjected to severe mental and physical cruelty, including persistent dowry demands from her in-laws—particularly after she gave birth to a girl child.
While the Port Blair Sessions Court had earlier discharged the in-laws—parents-in-law, brother-in-law, and sister-in-law—Justice Apurba Sinha Ray of the Calcutta High Court set aside that order in a judgment delivered on February 6.
The state, through its counsel, submitted that Bhawna’s in-laws made repeated dowry demands over phone calls, especially following the birth of a daughter. A demand of ₹20 lakh was allegedly made to Bhawna’s parents for her not giving birth to a son. Several witness statements were cited to show Bhawna faced continuous emotional and physical torture, which, according to the prosecution, drove her to the fatal act.
The defence argued that the primary allegations pertained only to Bhawna’s husband. It was contended that the in-laws were not physically present in Port Blair when the alleged incidents occurred and that there was no direct evidence of dowry demand or cruelty on their part prior to the incident.
Justice Apurba Sinha Ray noted that the Sessions Court had failed to consider vital witness statements, particularly from the deceased’s relatives, before discharging the in-laws. The judge held that this oversight warranted interference.
Quoting Justice V.R. Krishna Iyer’s “Random Reflections”, the Court observed:
“No society is free until the last damsel in distress is free.”
Justice Ray also remarked:
“Although we are happy and indeed rejoicing that our daughters have won the World Cup in Cricket recently… the passing away of Rudrika at the age of one and half years reminds us that still we have to go a long way to achieve complete equality for our girl children.”
- The in-laws were directed to surrender before the trial court within four weeks.
- The trial court was instructed to take them into custody and consider their bail application in accordance with the law.
- The Sessions Judge was also directed to frame appropriate charges against all accused under proper sections of the Indian Penal Code.
The deceased’s husband faces charges under Sections 498A (cruelty) and 304B (dowry death) IPC. The High Court has now opened the door for similar charges to be framed against the in-laws, based on fresh judicial scrutiny of the evidence.
This order serves as both a legal correction and a larger social indictment on the continuing discrimination faced by women, especially in the context of dowry and gender preference.
