As the Women's Reservation Bill rings in the centennial year of Women's Day on a celebratory note, 25-year-old Sushma Tiwari's story tells of an inspirational fight-back against a brutal form of patriarchy and caste oppression.
It has been a six-year legal battle for Sushma against the horrific ‘honour killing' by her brother of almost her entire marital family: husband Prabhu Nochil, her father-in-law and two minors in their home near Mumbai, all to avenge her marriage into a family of a ‘lower' caste. Sushma is from a Brahmin family of UP, and Prabhu, an Ezhava from Kerala.
Although the fast track sessions court in Maharashtra, and later the Bombay High Court, awarded the death penalty to Sushma's brother Dilip Tiwari and his accomplices, the Supreme Court in December 2009 reduced the sentence to 25-year imprisonment.
This February, Sushma filed a review petition questioning the decision to let off the perpetrators of this heinous crime.
In 2004, seven months after the couple got married, Dilip and his associates massacred four members of the Nochil family, and grievously injured two others. A pregnant Sushma luckily escaped as she was visiting a relative.
The Supreme Court, explaining its decision to revoke the death sentence, said: “It is a common experience that when the younger sister commits something unusual and in this case it was an inter-caste, intercommunity marriage out of [a] secret love affair, then in society it is the elder brother who justifiably or otherwise is held responsible for not stopping such [an] affair.”
It added: “If he became the victim of his wrong but genuine caste considerations, it would not justify the death sentence... The vicious grip of the caste, community, religion, though totally unjustified, is a stark reality.”
“Totally illegal”
Sushma has challenged this reasoning, stating this perception “is wrong and totally illegal under our Constitution and various laws of the land like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989” and “can never be made a ground for lessening a sentence. In fact, these feelings of caste hatred are themselves criminal…”
Her petition states: “In fact, mass killings based on the concept of ‘honour' must be viewed by this Hon'ble Court as murders which must be given the highest deterrent sentence.”
In Bangalore recently to attend the National Young Women's convention organised by the All India Democratic Women's Association (AIDWA), this resolute young woman told The Hindu that by reducing the sentence, the highest court of the land has sent out a wrong message to all those who wished to marry out of caste. “Even if not for my own safety or that of my five-year-old daughter Trishna, the death sentence must be upheld for the sake of humanity.”
The Supreme Court should have agreed with the death sentence to the accused considering that they have brutally murdered 4 innocent people without any mercy and grievously injured 2 women.There is no justification to the barberic act and to ensure that no more such incidents happen a strong message to the society should be given by imposing death sentence.
The Supreme Court has denied justice to Sushama and her family.
My sincere support to Sushama and may god bless her.
The Supreme Court should have agreed with the death sentence to the accused considering that they have brutally murdered 4 innocent people without any mercy and grievously injured 2 women.There is no justification to the barberic act and to ensure that no more such incidents happen a strong message to the society should be given by imposing death sentence.
The Supreme Court has denied justice to Sushama and her family.
My sincere support to Sushama and may god bless her.
This case is a fiendish slaughter of a family including innocent women.
Killing her brother will not solve the real problem. The reservation for females or any other groups cannot solve the problems they face. The problem can only be solved by educating every one, the oppressed and the oppressor. The real values of our spiritual science should be taught to every one. That can definitely solve the problems. A real education is what the country needs.
The reason for this judgement is really surprising me..! What a shame for our legal systems..Our top Judiciary is supporting for a Brutal massacre..!
we can understand that our judicial system is viable to thoughts than law and orders. it degrade our system in international eyes, law and orders.
While I am against Capital Punishment, the reasoning given by the Supreme Court is not acceptable.
I think the judgment passed by the Supreme Court is directly promoting such kind of atrocities on women in India.
I strongly support the cause for which Shushma started this fight.
I also feel SC should not promote caste divide in India by revoking the death sentence in such cases.
We require capital punishment to keep the stability of our society intact.
It is because of such judgments that people don't believe in our legal system and stay away from courts.
Is there a way by which we can let her know that we are with her in fight for justice?
Whoever committed the crime should be punished.....
By stating that "The vicious grip of the caste, community, religion, though totally unjustified, is a stark reality", the Supreme Court itself admits that it does not stand by the rule of law that it is supposed to protect. My humble support to brave Sushma.
I wish to admit two things:
First, I am proud of Sushma, to say the least.
AND
Second, the whole of India is disgraced by the decision and especially the "justification" or "reasoning" (if one could use these words)that the apex "court of law" (or is it??? I have my doubts)has given behind revoking the so-necessary, so-required, and so so very-justified death sentence. I am shocked and I am shattered.
Sushma, you have made us all proud. Keep at it ! You are not alone. Whatever media I have access to, at least I'll make sure I voice my(your) opinion on the larger issue of "honour killings".
I wish you all the very best in life.
Peace !
What a resolute Sushma, She is fighting for justice in Supreme court against her own brother death sentence for the sake of humanity.
The judgment to reduce the sentence actually condones caste based hatred.
I support your view. Honour killers are the most insane in the world.
Sushma is correct!
Whatever maybe the situation of that elder brother who was responsible for the crimes, holding a 'responsible' position does not imply that he has a blank check to write anything on it. Also, people from villages who treat 'honour' above everything else must know the consequences. Only the fear of consequences to be faced can effectively limit repetition of similar killings.
Very saddening to read such an error of judgement by the Supreme Court. They could have at least sentenced the accused to life imprisonment. This is certainly justice denied. Hope the whole country lends support to Sushma's case.
I am in support of Sushma.
Caste hatred is very disgusting thing & law should not support that. In this case mass killing is completely illegal you can not take somebody's life for your status or hatred.
Ms. Sushma is right. Not able to accept the highest court's reasoning.
I am wondering is there anybody to support this poor girl?Does she have a job to sustain herself and her daughter?Whether caste system is a stark reality or the feelings of her brother are "genuine" is not the issue-does her "brother" get the same punishment as those who commit a similar crime with whatever other motive except self-defence.
I am one of those persons who was determined to break caste, creed etc. I just got married which ultimately was accepted by my family. That was nearly 40 yrs ago. I admire Sushma Tiwari to fight the case, even in his case(brother) he should be sentenced to death.
It is surprising to read the Supreme Court's hypothesis to arrive at its judgement. I am sorry to learn about what happened to Sushma. At the same time, I am proud of the fact that having endured such a harrowing experience she is now courageously fighting against this atrocity for a larger cause. Wish her all the best in her efforts!
I am not able to comprehend, how giving reservations to women in parliament would help half a billion women, in any way.
The courage Sushma has shown despite the tragedies in her life is beyond admiration. I certainly agree with her that "social expectations" or "pressure" can't justify killing whatsoever the situation. The Supreme Court has sent a wrong signal by reducing the sentence on the pretext of caste considerations. Terms like caste should have no place or a reason to be a base for judging a crime. Killing is killing.
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