Case Title: Malathy S B & Others AND State of Karnataka
Case No: WP 11745/2023
Date of Order: 28-07-2023
CORAM: HON’BLE JUSTICE JUSTICE M NAGAPRASANNA
INTRODUCTION
The Karnataka High Court has recently declined a request to dismiss legal actions started against three individuals working for Lifestyle International Private Limited. These employees are accused of engaging in offensive behavior towards a coworker based on his sexual orientation. It is claimed that this mistreatment led to the coworker tragically taking his own life.
FACTS
In a case involving charges under Section 306 of the Indian Penal Code (abetment to suicide), a single judge bench of Justice M Nagaprasanna dismissed the petition filed by three individuals – Malathy S B (Deputy General Manager in Marketing), Kumar Suraj (Vice-President in Human Resources), and Nitish Kumar (Assistant Manager in Marketing). The accused were alleged to have abetted the suicide of a person who had complained of harassment. The deceased had previously lodged a complaint under the Sexual Harassment of Women at Workplace Act against the petitioners and had resigned from the organization due to alleged harassment.
COURT ANALYSIS
The court emphasized that cases involving death and abetment to suicide need to be considered on a case-by-case basis. It stated that there is no specific parameter or yardstick for interference in such cases and that the circumstances must be analyzed based on a delicate analysis of human behavior. The court referred to the sensitive nature of the case, highlighting that the deceased was a member of the LGBT community and emphasized the need for treating such individuals with love and care to prevent loss of precious lives.
The court noted that the investigation was still in progress and that the allegations were not made in thin air. It referred to a previous Supreme Court judgment that highlighted the variations in individual behavior and personality, indicating that quashing proceedings at an early stage was not appropriate. The court stressed the importance of introspecting and treating all individuals with equality and respect.
In conclusion, the court declined to quash the FIR, stating that the accused’s alleged actions could be considered abetment to suicide if they had actively contributed to tarnishing the deceased’s self-esteem or driving them to despair through harassment. The court emphasized the need for a thorough investigation and urged society to treat sensitive individuals with care and empathy.
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Written by- Shreya Sharma
