DRISHTI SINGH

22011639
BBALLB’E

In Defense of Battered Women who Kill

Battered Women Syndrome (BWS) is a complex and important problem in criminal law,
particularly in the context of the Indian Penal Code. BWS refers to the psychological and
emotional trauma suffered by women who have been subjected to long-term physical,
emotional, or psychological abuse in their personal relationships. This reflection paper aims
to investigate the intricacies of Battered Women Syndrome within the Indian legal system,
analysing current legislation as well as the need for future evolution to meet the unique
difficulties faced by domestic violence victims following lengthy periods of abuse. This
syndrome can result in psychological paralysis, in which the woman suffers from sadness and
feels defeated because of her batterer's persistent tyranny.
Lenore E. Walker described the psychological state of women who are subjected to violence
and abuse from their relationships in the 1970s. The woman has been subjected to long-term
domestic violence, verbal harassment, sexual abuse, physical abuse, and the fear of
punishment, all of which have an impact on her psychological state. 1 The article suggests
including battered woman syndrome in the Indian Penal Code, retaining the exception for
grave and sudden provocation, and creating a new exception under section 300 of IPC 2.The
most prevalent justification used by women who kill their partners/abusers/batterers is that
their acts were in response to the incessant abuse and were more akin to self-defence. 3
The question is whether killing the abusive partner is murder or can be used as a legal
defence. Most case laws have concentrated on the action of the abused (defendant), that is,
whether the killing of their husbands was justifiable or not.
The testimony that supported the presence of psychological trauma suffered by the assaulted
are now being used as an argument for defence in the courts of law. Battered woman
syndrome has been recognised in Indian courts under the private defence of grave and sudden
provocation.

1
‘Legal recognition to- 'Battered Women Syndrome' - Prime Legal’ (Prime Legal)
<https://primelegal.in/2021/11/07/legal-recognition-to-battered-women-syndrome/> accessed 27 October 2023.
2
Mehta D, “Grave and Sudden Provocation: Revisiting R. v. Ahluwalia – Implementing a New Exception Under
Section 300 of the Indian Penal Code and the Defence of the Battered Woman Syndrome” (2022) 60
International Annals of Criminology 241
3
‘The conflicting intersection of the “reasonable man” standard and the battered woman syndrome – The
Leaflet’ (The Leaflet – An independent platform for cutting-edge, progressive, legal, and political opinion.)
<https://theleaflet.in/the-conflicting-intersection-of-the-reasonable-man-standard-and-the-battered-woman-
syndrome/> accessed 27 October 2023.
One of the most important case laws when it comes to the battered women syndrome is the
case R V. Ahluwalia4, Kiranjit Ahluwalia an Indian woman was a victim of 10 years of
violence and abuse from her husband. In response to the torture, she went through, she burnt
her husband in sleep, who later died due to the injuries sustained. She gave the testimony that
she had suffered from domestic abuse, physical violence, food deprivation and marital rape.
She had fetched some petrol and caustic soda mixture from the garage and mixed it to create
napalm, and the court convicted her the first time because creating napalm was not common
knowledge and pre-meditated, and she had some time to cool off as her husband was sleeping
when she created the napalm, and due to her broken English and no support from the lawyers,
she was arrested and charged with murder and sentenced to life imprisonment. Later, her
sentence was reduced and was constituted as manslaughter and not murder.
In Laxman Kalu Mali vs. the State of Maharashtra 5 (2002), the Bombay High Court acquitted
the accused after years of abuse, recognizing the psychological impact of prolonged abuse. In
State of H.P. vs. Nikku Ram 6 (2013), the Himachal Pradesh High Court emphasized the
importance of understanding the psychological state of a woman facing domestic violence
when evaluating her actions. The courts recognized that prolonged trauma can lead to
excessive reactions, aligning with the principles of justice and compassion within the Indian
legal framework.
BWS (Battered Women's Syndrome) is gaining acceptability in several jurisdictions, yet it is
being criticised for its underlying causes. Critics believe that women can use this provision to
avoid punishment, allowing them to retaliate and undermine the right to a fair trial. It is also
criticised for being applied to non-confrontational crimes, such as killing in sleep, as was the
case in R V Ahluwalia7.
Battered women are frequently subjected to violence because of patriarchal society and
traditional socialisation, which leads to submissiveness and tolerance. Provocation, or
sustained provocation, is a gradual process that might include emotional, mental, and
physical assault. The court evaluates all activities that provoked possible anger in the accused
woman's thoughts, which is the last provocative act before death in K.M. Nanavati v. State of
Maharashtra8. This method enables for a more in-depth comprehension of the victim's
predicament.
In common law, provocation law has grown to include battered women who have been
subjected to physical torture, mental and emotional abuse over time. Even though there was a
time gap between the provocative behaviours by the husband and the commission of the act

4
R v. AHLUWALIA [1992] 4 All ER 889
5
Laxman Kalu Nikalje vs The State Of Maharashtra on 5 April, 1968 AIR 1390, 1968 SCR (3) 685
6
Laxman Kalu Nikalje vs The State Of Maharashtra on 5 April, 1968 AIR 1390, 1968 SCR (3) 685
7
R v. AHLUWALIA [1992] 4 All ER 889
8
K. M. Nanavati vs State Of Maharashtra on 24 November,1962 AIR 605, 1962 SCR Supl. (1) 567
of killing by the lady in cases of BWS, the long-term exposure to a certain feeling was
acknowledged as a legitimate defence. In State v. Norman, the North Carolina Supreme Court
likewise found that a mistreated wife was not liable for murdering her husband in his sleep.
The Guwahati High Court in India has recognised the 'Nallathangal Syndrome' as the Indian
equivalent of BWS. More emphasis should be placed on the experiences of battered women.
Many women experience abuse in a cyclical fashion, with a battered woman predicting an
approaching attack based on signals that have signalled the change from tension-building to
battering. Evidence regarding the defendant's circumstances can assist juries in understanding
the nature of the threat that the defendant felt and determining the appropriateness of her
actions. The failure of society to protect women from domestic abuse should be addressed by
defence lawyers and those in charge of assigning culpability9.

BIBLIOGRAPHY
Websites

 ‘Legal recognition to- 'Battered Women Syndrome' - Prime Legal’ (Prime Legal)
<https://primelegal.in/2021/11/07/legal-recognition-to-battered-women-syndrome/>
accessed 27 October 2023.
 ‘The conflicting intersection of the “reasonable man” standard and the battered
woman syndrome – The Leaflet’ (The Leaflet – An independent platform for cutting-
edge, progressive, legal, and political opinion.) <https://theleaflet.in/the-conflicting-
intersection-of-the-reasonable-man-standard-and-the-battered-woman-syndrome/>
accessed 27 October 2023

Articles

 Mehta D, “Grave and Sudden Provocation: Revisiting R. v. Ahluwalia –

Implementing a New Exception Under Section 300 of the Indian Penal Code and the
Defence of the Battered Woman Syndrome” (2022) 60 International Annals of
Criminology 241

 McColgan, Aileen. “In Defence of Battered Women Who Kill.” Oxford Journal of
Legal Studies, vol. 13, no. 4, 1993, pp. 508–29. JSTOR,
http://www.jstor.org/stable/764547. Accessed 27 Oct. 2023.

Cases

 Laxman Kalu Nikalje vs The State Of Maharashtra on 5 April,1968 AIR 1390, 1968
SCR (3) 685
9
McColgan, Aileen. “In Defence of Battered Women Who Kill.” Oxford Journal of Legal Studies, vol. 13, no.
4, 1993, pp. 508–29. JSTOR, http://www.jstor.org/stable/764547. Accessed 27 Oct. 2023.
 R v. AHLUWALIA [1992] 4 All ER 889
 K. M. Nanavati vs State Of Maharashtra on 24 November,1962 AIR 605, 1962 SCR
Supl. (1) 567