Madras High Court Upholds Bail Amidst Moral Policing Concerns

Strengthened Bail Conditions Imposed to Safeguard Women's Dignity and Prevent Vigilante Actions

In a significant ruling, the Madurai Bench of the Madras High Court, presided over by Justice L. Victoria Gowri, has opted to uphold bail for an accused involved in a controversial case of moral policing that allegedly led to the suicide of a woman in Theni district. The court, while acknowledging the grave societal implications of such vigilante actions, imposed stringent bail conditions to deter future occurrences.

The case, initiated by defacto complainant Navanitha against Arun Kumar, revolves around the tragic death of Navanitha's daughter, who was found hanging after enduring severe social humiliation. The humiliation stemmed from Arun Kumar locking her inside her home with another man, Ramkumar, and allegedly spreading rumors of an illicit relationship. The incident sparked outrage over moral policing and its impact on women's dignity and mental health.

Despite the petitioner's plea for cancellation of bail, citing the accused's actions as direct abetment to suicide and a blatant infringement of women's rights under Article 21 of the Constitution, the court maintained the bail. It emphasized the need to balance personal liberty with societal interests, highlighting the constitutional guarantee of dignity under Article 21, which is often compromised by vigilante acts.

Justice Gowri underscored the unconstitutional nature of moral policing, referring to precedents set by the Supreme Court in cases like Shakti Vahini v. Union of India, which condemned self-appointed vigilantes infringing on personal liberties. The court reiterated India's commitment to international obligations under CEDAW and ICCPR, which protect women from discrimination and uphold individual privacy and dignity.

While the bail was not canceled, the court strengthened the conditions, mandating the accused to report to the police twice daily for an extended period, aiming to instill discipline and deter further moral policing. This decision reflects a nuanced approach, safeguarding women's rights while respecting the accused's constitutional liberties.

Bottom Line:

Criminal law - Cancellation of bail - Acts of moral policing targeting women leading to social humiliation and abetment of suicide - Strengthened bail conditions imposed to balance the constitutional right to personal liberty of the accused under Article 21 and societal interest in deterring vigilante actions and safeguarding women's dignity.

Statutory provision(s):  

• - Bharatiya Nyaya Sanhita, 2023 Sections 127(2), 296(b), 108  
• - Constitution of India Article 21  

The ruling is a critical reminder of the judiciary's role in addressing the delicate balance between individual rights and societal norms, especially concerning gender-based issues.

Navanitha v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2792893