On 13th February, the Madras High Court refused to grant any relief to a couple who were convicted of killing their nine-year-old mentally disabled daughter by giving poison to her. The court held that parents have a “bounden duty” to look after their children, irrespective of the mental and physical disabilities that the child may have.
The Madurai Bench of the Madras High Court on Feb 13 upheld the conviction and life sentence of parents who had killed their 9-year old daughter suffering from a mental disorder.
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The division bench of Justices G K Ilanthiraiyan and R Poornima rejected the criminal appeal filed by the couple against the trial court’s decision. The judges held that no one has the right to take the life of another person and that such actions cannot be justified under any circumstances.
The court noted that many parents make sacrifices for children born with disabilities, and some parents even risk their lives for their children. The court further held that if parents were allowed to take the lives of children born with mental conditions, then such children would not be able to survive in society.
The judges also noted that the child did not appear in the world by herself but was born to the couple. It was the duty of the couple to take care of her. Although the court stated that it understood the difficulties faced by the parents, it also stated that personal suffering cannot become a reason to “extinguish” a life.
Background of the case
The child had been suffering from a mental illness since birth. According to the prosecution, the family was facing severe mental and economic problems due to her illness. The mother had even resigned from her job as a professor at a private college to take care of the child.
On 1st October, 2018, the parents took their daughter to a temple and fed her a pesticide mixed with a cool drink. People around them noticed something was amiss and intervened. The child was rushed to a hospital for treatment but died on 6th October, 2018, due to poisoning.
Most significantly, the parents did not register any police complaint. The complaint was registered by the village administrative officer on the same day, claiming that the child had been administered poison by her parents. During the trial, it was not the defence’s contention that the poison had been given to the child by anyone else. It was accepted that the child was under the care of her parents when she was given the poison.
The container used for chemical analysis was found to contain an organophosphorus insecticide, which is a toxic substance.
In August 2022, the trial court held the parents guilty under Section 302 (murder) and Section 342 (wrongful confinement) of the Indian Penal Code. They were sentenced to life imprisonment and fined.
After analysing the case and the trial court’s decision, the High Court also held the parents guilty and rejected their plea, stating that the trial court was right in holding them guilty of murder.
