Supreme Court Allows Woman to Seek Pardon for Killing Fiancé Over Forced Marriage
The Supreme Court has given permission to a Karnataka woman, convicted of killing her fiancé, to request a pardon from the Governor. The court took a reformative approach, noting that her actions were heavily influenced by societal pressure and a forced marriage.
The case involves Shubha, a 20-year-old college student at the time of the crime in 2003. She was convicted along with Arun Verma, Venkatesh, and Dinesh under Sections 302 (murder) and 120B (criminal conspiracy) of the Indian Penal Code. Shubha had told her family multiple times that she didn’t want to marry, but her wishes were ignored.
A two-judge bench of Justice MM Sundresh and Justice Aravind Kumar said that women who commit crimes under extreme social circumstances deserve a chance at reform. The court highlighted that society often plays a role in creating such circumstances, through poverty, discrimination, lack of education, or systemic failures.
The bench observed, “A forced marriage is one of the most painful forms of mental and physical alienation for a woman. In such cases, the focus should be on rehabilitation rather than punishment alone.”
The judgment also stressed that when society contributes to a person’s crime, it should also help in their reform. “The offender becomes a victim and should be treated with compassion, support, and the opportunity for real change,” the court said.
Referring to Article 161 of the Constitution, which gives Governors the power to commute sentences, the court suspended the sentences of Shubha and the others for eight weeks to allow them to file for a pardon.
The court clarified that it does not excuse the killing. “Shubha was old enough to make her own decisions but chose a tragic path. We do not condone the loss of an innocent young life,” it stated.
This case brings attention to how deep social issues, like forced marriages, can lead to devastating outcomes—and how the justice system can play a role in preventing such cases through reformative measures.\
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