R v Ahluwalia

Still remembered this case from my Criminal Law classes. One of the landmark cases that brings the difference between men and women's mindset and the latter shouldn't be punished unnecessarily for not reacting like a man.

Gist of the case as follows: Kiranjit Ahluwalia entered into an arranged marriage and suffered years of abuse from her husband. In May 1989 she threw petrol into his bedroom and set it alight. Her husband died six days later of his burns. She was convicted of murder on 7 December 1989 and appealed against her conviction. The first ground of appeal was that the judge wrongly directed the jury that a plea of provocation depended on establishing a ‘sudden’ loss of self-control; the second was that he failed to take into account that the defendant was suffering from ‘battered woman syndrome’, producing a state of ‘learnt helplessness’. The successful ground of appeal was the third. Medical evidence was available but not used at the first trial showed that the defendant was suffering from a major depressive disorder; this could have provided the basis for a successful plea of diminished responsibility. The conviction was quashed and a retrial ordered.

Before the case, murder could only be mitigated with provocation and diminished responsibility. Provocation must be immediate and DR must be some sort of lost of mind. Ahluwalia did not fulfil either requirement and failed in both appeals. On the third appeal, her lawyer brought up battered women syndrome. Women do not get provoked like men whose reaction is almost immediate. These anger stay in women and get built up slowly only to erupt like a volcano one day.

Southall Black Sisters were the ones who helped Ahluwalia out of murder and retrialed for voluntary manslaughter which greatly reduced the sentencing. Southall Black Sisters, a not-for-profit organisation, was established in 1979 to meet the needs of black (Asian and African-Caribbean) women. Their aims are to highlight and challenge violence against women; empower them to gain more control over their lives; live without fear of violence; and assert their human rights to justice, equality and freedom. For more than two decades they have been at the forefront of challenging domestic and gender violence locally and nationally, and campaigning for the provision of support services to enable women and their children to escape violent relationships. This case also brought women being abused out into the light and gives women all around the world more recognition and acknowledgement.

The movie, "Provoked" is a true story based on this landmark case, stars Aishwarya Rai, Naveen Andrews, Miranda Richardson, Robbie Coltrane, Nandita Das and Steve McFadden. Aishwarya Rai, supposedly the highest paid actress in India, was also Miss World 1994. Recently married to Bollywood star, Abhishek Bachchan, Aishwarya was once abused (says my colleague, Mrs Simpson), which may also explain why her performance in this show won many critics over. Although there are varying comments and some mentioned that the show was not factual enough, well a movie's a movie. Mundane things in life may not command box office, unfortunately. I am going to watch it tonight and hopefully, i'll enjoy it.