Madras High Court condemns painful religious exercises like exorcism
Chennai: In a verdict that may have a far reaching impact for women, the Madras high court came down heavily on the practice of subjecting women to cruelty in the guise of ceremony.
When a petition filed by Chinnaponnu and three others, in-laws of a young woman of Dharamapuri, came up for hearing before Justice N Anand Venkatesh on Tuesday, the judge said “no one has the right to force another person into any act in the name of ceremony, which by its nature causes pain and suffering and results in cruelty to a person. Such acts can never be justified even if it had been followed for a very long time.”
Chinnaponnu and three others were punished by the Judicial Magistrate-II, Dharmapuri, to undergo imprisonment for one year with a fine of Rs. 500 each. On July 30, 2010 Principal Sessions Judge, Dharmapuri had confirmed the order. All four have now challenged the lower court order.
According to the prosecution, the young woman was forcibly taken to Thoppiyar Dam at midnight on February 12, 2001 and her clothes were removed, her head tonsured and her tongue burnt with a red-hot needle. Her 'thali’ was removed, it was however, tied again by her husband, who was also present in the place. Suspecting the woman was possessed by an evil spirit, the family members had resorted to the barbaric act.
Based on a complaint from the victim and her father, a case was registered at All Women Police Station in Dharmapuri on February 17, 2001. The trial court awarded the sentence, which was confirmed by the sessions court in 2010.
Justice N Anand Venkatesh said a ceremony which affects the dignity of a person and which on the face of it is inhuman, the same offends Article 21 of the Constitution and persons who commit such acts in the name of ceremony will have to be dealt with in accordance with law and stringent punishment must be imposed.
A strong message must be sent to the society that cruel acts in the name of ceremony will not be tolerated and will be dealt with severely by courts. It is time that courts send a strong message to the society that such grotesque acts will not be tolerated and courts will not turn a blind eye when such incidents are brought to its notice. Taking into consideration the passage of 17 years from the date of occurrence and the age of the accused, who were all women, the judge has modified the sentence of one year imprisonment to a term already undergone by them. Each of the petitioners shall deposit a compensation of Rs. 15,000 before the JM-II in Dharmapuri in the case account within eight weeks. The victim is entitled to withdraw the same.