Rejection of marriage proposal does not constitute grave and sudden provocation

Rejection of marriage proposal does not constitute grave and sudden provocation

Rejection of marriage proposal by a woman asserting her individual autonomy, cannot be construed as grave and sudden provocation from her side, for accused to murder her.

Accused could not stand the fact that a woman could refuse his proposal to marry him. In such a situation, it is completely absurd to claim that there was grave and sudden provocation from the side of the deceased especially when, while she was rejecting the proposal what she was essentially doing was asserting her individual autonomy which was entirely legitimate for her to do. Life, Liberty and pursuit of Happiness is an entitlement and a right without which there cannot be a 'right to life' for an individual and shorn of the same, it will only be a creature existence. Thus viewed, extending the protective umbrella of 'grave and sudden' provocation to the accused, in such situation will have the effect of robbing the victim of her right to express her `choice'. In other words, the defence of 'grave and sudden' provocation shall not avail an accused if the result of permitting such a defence is to dehumanise the person of victim, stultify her individual autonomy, agency and dignity.

Accused was pursuing and pressuring victim to marry him and on her denial, accused started resorting to abusive tactics and ultimately stabbed her to death using knife. Accused eventually entering house of victim with a deadly weapon, threatened her and thereafter stabbed her on various parts of body. Actions of accused show that he was trying to assert some kind of domain over victim only because he was male and could not stand fact that a woman could refuse his marriage proposal. It is completely absurd to assume that there was grave and sudden provocation from side of deceased. Therefore the accused was rightly convicted.