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Provoked to murder PDF Print E-mail
Written by Annette Keino   
Wednesday, 30 May 2007

Kiranjit Ahluwalia arrived in Britain from India in 1979 aged only 24 years. Like many Indian girls her age she had been married off to a man she had never before seen.

Torn between the familiarity of India and her family on the one hand, and the excitement of moving to England on the other, she was quite pleased when her new husband showed off the house in which they would be staying to her. ‘This is yours ‘, he said. She did not know it then, but that house was to be her prison.

The young Kiranjit spoke little English when she moved in with her husband Deepak's family in London. Almost immediately her husband began to abuse her, setting the tone for ten years of the most horrible cruelty. Kiranjit explains in an interview with a newspaper reporter that she kept quiet about the abuse because she was wary of spoiling the excitement her family had for her. She hoped it was simply his youth and immaturity, and that he would soon stop.

 But it did not stop; he pushed her about, pulled at her hair, dragging her around the house. He would hit her, and drop heavy pans on her feet. Shunned by his family and secluded from the world by her non-mastery English, she grew very lonely. She was treated like a slave, often not allowed to eat with the family, not allowed to drink coffee, not allowed to eat chillies simply because she enjoyed these things. His family was sometimes sympathetic but there was nothing they could do as Deepak also threatened them with violence. At night, she stayed up in bed right next to him at night, paralyzed from the terror of nightly rape; unloved and alone.

With time, the lonely Kiranjit was comforted by the birth of two boys. Now she had someone to love and take caer of, but still the beatings did not let up and were often carried out in plain sight of her children. Finally, one night after she had made her husband's dinner and gone to sleep, he woke her up to demand money. She refused to give it to him, so he proceeded to try and break her ankles by twisting them. Then he picked up a hot iron and held it threateningly to her face. After a protracted struggle and another severe beating, he fell asleep exhausted. But Kiranjit did not sleep, she was infused this night with an all-consuming rage, borne of 10 years of the most intense and lonely terror. Approaching his bed with a can of petrol mixed with caustic soda, she poured the mixture over his feet, and then lit him up with a candle. She said later that she could not see an end to the violence, and had decided to show him how much she hurt. She explained that she thought that with his feet burned he would not be able to chase after her, that she would be able to get away from him when he chased after her.

Rescued and rushed to the hospital, the severely burned Deepak lasted all of five days, before he died. The attempted murder that had been indicted on was now changed to a full murder charge. She pleaded not guilty, but with a passionless defense, and a prosecution that decided to paint her as the wife jealous over her husband's infidelities, she was quickly found guilty and sentenced to a life in prison.

Luckily for Kiranjit, her case caught the attention of the Southall Black Sisters, a group who worked for Asian women in the Southall ghetto of London. Convinced that her abuse had represented sufficient grounds for a partial defense on the grounds of provocation, they began a campaign to free her from prison. It was made clear at her appeal that she had not been informed of the possibility of taking a plea of manslaughter in place of the murder charges.

Although the judges rejected provocation as a defense, they conceded that the way in which provocation had been treated traditionally was not sufficient in this case. They in turn accepted the then new idea of cumulative provocation, an important step in the defense of battered women, for whom murder was often a reaction to extended periods of intense abuse rather than singular acts of provocation. Radically also, the judges accepted that the time period between an act of provocation (in Kiranjit's case two hours after the beating she got from her husband) was not necessarily a cooling off period, and that a victim of provocation could instead have their anger boil over in that time. It was on the grounds of diminished responsibility however that the case was won, with the court accepting evidence that at the time of the murder, Kiranjit had suffered from a severe depression.

Her successful appeal set a historic precedent and her's is a widely read case by law students around the Commonwealth. A precedent was set that women who are pushed to murder by continued and severe domestic violence should not be regarded as cold-blooded killers. Kiranjit Aluhwalia was set free after pleading guilty to a charge of man-slaughter, which the court ruled she had served during her previous incarceration.

Ms Aluhwalia was the subject of a movie starring Ashwarya Rai that premiered this April. The movie is available for download or streaming here.


Annette Keino
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Gratia et iustitia
written by aeichener , May 30, 2007
Such cases show up everywhere around the world, alas. Of course the bastard deserved to die, but that's not the point, and the legal system obviously cannot embrace this feeling.

German penal law practice tends to qualify such cases either as extra-legal mitigations of murder, or as manslaughter (in spite of existent murder qualifications).

What is important here is something that Common lawyers simply do not grasp: the essential distinction and complementarity between iustitia and gratia. The Latin shows that the English language has no fitting terms.

While the law demands that Aluhwalia must be found guilty and condemned (and there is no benefit in twisting, bending and breaking the law to get away from the uncomfortable consequence), the higher demands of justice demand that she go free soon enough.

That is where gratia (Gnade in German, which cannot be properly translated, neither as grace, nor mercy, nor clemency in English) has its high and divine role.

Alexander
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written by Tim Norwood , May 30, 2007
I can certainly think of innumerable such cases. More important than anything for me is the fact that there is no value to society in locking these women up. There is no 'lesson' learned, no example made, the cost of their care falls on the state where they would perhaps have been independent citizens contributing taxes and worst of all it ensures that their sprogs, already traumatised by the abuse of their mother and the death of their father- are then orphaned by the state. This final act casts a further burden on society, as the children have to be cared for, or end up in the streets begging, stealing, selling themselves and worse.
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ala!
written by Nekessa , May 30, 2007
Mr. Norwood, hehehe, are u baiting me? Let me cool down, and pen my thoughts in the politest way!
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death, manslaughter and murder
written by Dave Nyambati , May 31, 2007
Self defense: a claim or plea that the use of force or injuring or killing another was necessary in defending one's own person from physical attack.

Manslaughter: The unlawful killing of one human by another without malice, aforethought or implied intent to do injury.

Murder: The unlawful killing of one human by another, especially with premeditated malice i.e. with intention.


While I sympathize with Kiranjit and the millions of women who undergo ritualistic beatings and abuse under the hands of the monsters they are married to, sometimes their whole lives, I cannot agree with those who say that the 10 or so years that she suffered under her husband repudiate any jail term she should serve for his death.

If the situation was such that she struck him with a knife in an attempt to fend him off as he was attacking her, then one would be justified in arguing self defense. The fact that she set him on fire two hours after he had beaten her, in legal terms, qualifies as premeditation – and by the letter of the law is murder.

Kiranjit suffered a severe injustice for a long time under a vicious, thoughtless man, but if her killing him realigns the scales, what kind of precedent is being set here. What about the man who finds out that a neighbour has been sexually abusing his 16yr old daughter for the past 10 years – would he be justified (under the law) in looking for the neighbour and killing him?

There are a million other scenarios just as extreme with stories that wrench the heart, but there is nothing that justifies the killing of another human being except to save a life. We have the penal system for situation just as these
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written by aeichener , May 31, 2007
"Premeditation" is a primitive medieval concept.

Civilized legal systems did away with it some time in the 19th century.

Alexander
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written by aeichener , May 31, 2007
Ah, a few extra thoughts for Dave:

a) "Ritualistic" beatings (in either direction) are plainly okay. As long as covered by consent or at least meta-consent. This one however was not ritualistic, for sure.

b) Pre-emptive self-defence is a viable concept, though not every legal systems allows for it. One must not overlook this. In the given case though, I would deny the applicability.

c) Please confuse not justification, excuse, and mitigation of sentence. It behooves to differentiate very strictly between these.

Alexander
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written by Beryl Atieno , May 31, 2007
This story i very touching yet very educative. I'm shocked that such a case made a prededent in as late as 1989, I wonder what used to happen to women who were forced to murder after severe beatings and harm.

My appeal to all women, however, is please don't wait till it gets this bad, I mean. the first time your man (whether married to him or not) lays a finger on you, OK personally I would leave but maybe you are the forgiving type and you will stay, but 2nd and 3rd time, women don't take it, leave. Fine there is a lot to consider maybe your kids but even then do you want to expose your children to that kind of violence. The females will grow up thinking men love you when they beat tou and the males will think its OK to beat up on women. Do you really want to bring up your kids like that. Then maybe you are used to the high life that your man gives you, come on, ladies u can make it on your on, or with someone else who respects you and wont beat up on you. And i know that such men are out there. and very many, you just have to be patient and pray for a good man.

Don't take the beating PLEASE
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written by aeichener , May 31, 2007
I wonder what used to happen to women who were forced to murder after severe beatings and harm.


There are many of them in Kenya. They are rotting away in our high security prisons in "death row"; occasionally a few may benefit from a presidential pardon.

Alexander
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written by Tim Norwood , May 31, 2007
Nekesa, no I am not baiting you. I believe you misunderstand me? My point was merely that there is no benefit to society in punishing a woman like Kiranjit. Absolutely none! The state suffers the burden of caring for her, bur her sentence sets neither an example, nor serves as a deterrent to others in a situation like hers.

Dave, I agree with you as likely did the judges. Is there was a Kenyan lawyer about who could tell us what the Kenyan courts would do in such a situation?

Note also that Kiranjit was very lucky that her case caught on. Poor defence and a poor knowledge of one's rights under law is another issue at stake here. A better read/ wealthier woman would have been able to conduct a better first defence.

Beryl,
Again, I could not agree more. It is important though, that we notice that many such women are truly imprisoned in these relationships. Far away from home and likely with a roof over their heads counting for much, it is difficult for them to extricate themselves in all but the most difficult circumstances.
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written by aeichener , May 31, 2007
Activism:

http://www.jfw.org.uk/jfwnewsspring2007.pdf

Scholarly article:

http://eprints.lse.ac.uk/534/0...efence.pdf
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2hrs
written by Nekessa , June 01, 2007
If the situation was such that she struck him with a knife in an attempt to fend him off as he was attacking her, then one would be justified in arguing self defense. The fact that she set him on fire two hours after he had beaten her, in legal terms, qualifies as premeditation – and by the letter of the law is murder.
The supposition is that she had calmed down in 2hrs to think rationally and not act in "self defense". Who is to say that the two hour window, that the judges and jury in the first case used, was not the same as her stabbing him 2min later? She was really defending herself. Imagine being woken up in the middle of the night and an attempt is made to break your ankles and you are severely beaten.

I am really not advocating for battered wives to kill or maime their husbands, however, there is little if any difference between this woman burning her husband and another woman stabbing her husband as he beats her (unlikely to happen).
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Abused women
written by Nekessa , June 01, 2007
I see it all the time here. A man goes home gets married. He still wants to maintain his single lifestyle, u know the girls and alcohol. The wife who might speak English or not is isolated from society, and even with children he abuses her... continually. And when she talks to her friends about it, he tells her that she will be deported if she takes him to court, and/or because she has no job or makes little money, her children will be taken away from her. In the US, a non-resident married to a citizen can get residency based on their being abused by a partner. Many are not aware of this.

Many times, for women who are abused it is not a black and white situation, thus the battered woman's syndrome.

Consider the following cited as the phases for a battered woman (remember too that emotional abuse/ emotional blackmail while not as violent as physical abuse has the same results on woman's psyche)

First is the tension-building phase, followed by the explosion or acute battering incident, culminating in a calm, loving respite - often referred to as the honeymoon phase. Walker, L., The Battered Woman (1979).

And this is why they stay:
1. The woman believes that the violence was her fault.
2. The woman has an inability to place the responsibility for the violence elsewhere.
3. The woman fears for her life and/or her children's lives.
4. The woman has an irrational belief that the abuser is omnipresent and omniscient.
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anything but the \"forgiving t
written by Himadri , June 01, 2007
Beryl: Please understand the audience that you are appealing to: - "good wives" who are helpless, isolated, threatened, at the risk of losing their children, marriage, and being shunned by the society. Don't assume that all of them will magically be introduced to or catch the attention of media, social workers, counselors, and other people who will help turn these victims' lives to a new direction. It may be possible in western countries, but not in our countries for a fact. We must keep in my mind that our discussion is not addressing a certain class in the society. Try appealing to the women in villages in our countries. They may not take it as a viable solution, not because they are of the "forgiving" type, but because they are helpless. Their husbands mean everything to them, not in a romantic way, but only in the harshest and bitterest way that reality has to offer.
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re: death, manslaughter and mu
written by Himadri , June 01, 2007
"if her killing him realigns the scales, what kind of precedent is being set here."

Are you scared that if in this case Kiranjit was excused the jail term, it would have advocated battered women to kill their husbands?
You really think a women will keep accepting the torture for 10 years thinking , "oh i'm going to kill him after 10 years with the law standing by my side" ? Are you scared of that kind of standard being set?
The other scenario maybe the husband getting killed as a result of the wife's act of self defense.

It's easy judge black and white when we are not in the victim's shoes.
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"The fact that she set him on fire two hours after he had beaten her, in legal terms, qualifies as premeditation ? and by the letter of the law is murder. "

When society, and law (a tool in humen's hands) does not offer women the support, security and human rights she deserve, you still want the women to keep her head cool after being raped, beaten nearly to death not 1 day, or a month or a year, but 10 years (this girl was very lucky that she didn't have to deal with it her whole life!).
She must have had the memory of a goldfish to have forgotten after every time she got raped and beaten up. And after 10 years she realized she's human after all.. for once she couldn't forget 10 years of abuse.
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If the situation was such that she struck him with a knife in an attempt to fend him off as he was attacking her, then one would be justified in arguing self defense.

In self defense you need an opportunity to fend off the one attacking you. You need an opportunity to get the knife and struck him while he doesn't see it coming. Maybe the opportunity for Kiranjit lay in hours and not in seconds, not when his awake yet unaware, rather sleeping. Self defensive acts occur to stop future attacks.
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What about the man who finds out that a neighbour has been sexually abusing his 16yr old daughter for the past 10 years – would he be justified (under the law) in looking for the neighbour and killing him?

hmmm... how the two situations are different?
1. it's not the man that has been abused for 10 years.
2. he did not know it for 10 years
So the 2 stories are different.
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written by Amina , June 01, 2007
When I was little girl I vowed that I would never be my mother. For you see my father beat my mother until she finally left him, and herself. Norwood asks after the children. Yes, what happens to them?

It was always her fault-- He came home late and his dinner was cold, well, she got a sound beating for it. Her children didn't like a certain food-- a nosebleed. He cheated right in front of her, she confronted him-- she ended up in hospital for a few days.

And I would cry and ask him to stop, and he would push me aside. I heard he was a good man and that he loved his children, but I don't remember any of that. If I was brave enough I would have killed him coz even as a little girl I thought about it so many times. As for her, I loved her as a child does her mother, but I am afraid I thought she was weak. How would she let him? I remember once he hit her head repeatedly against the wall, and she kept saying, "I just wanted to make you happy."

Yes, that's all they want to do, make him happy not kill him.

So if you know a woman whose husband/boyfriend beats her, talk to her, she will defend him, but don't give up. She doesn't deserve and neither do the children.
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written by a guest , June 02, 2007
My advise is, women, young women, if you are from a family where abuse was rampant seek help before you move in a r-ship. Half the time, by watching their own mothers abused and take it, this women tend to attract abusive men.
Then when in it, they think their men will change, especially if their mothers stayed the abuse.

Deal with issues first, before tying or untying knots and yolking yourselves.

Get your confidence back, learn what it is, before you walk in this dens called marriage!

A woman who has never seen her father hit her mother, will most likely take the BS, same to men, they re-do what they saw.
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written by a guest , June 02, 2007
Correction
A woman from a non-abusive home is less likely to tolerate it!
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not guilty
written by Doris Sadera , June 02, 2007
He destroyed her life – if in turn she destroyed his then so be it.

Our modern justice system would not imprison a mentally handicapped person for murder. They would recognize that that person was not in the 'right' state of mind and get them the help needed to correct it. Now what kind of state of mind do you think a human being would be in after 10 years of physical and psychological abuse! People be reasonable!
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written by Tendai , June 04, 2007
I find it some what annoying that for Kiranjit to even win her case, she had to plea 'battered-wife syndrome' as at the time it qualified as some sort of mental abuse. In other words she was 'crazy' for the instant that she committed the act.
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Praise
written by charles nguthi , July 19, 2007
its good,keep it up and you will make it,thanx
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