Medea and Criminal Liability

PD image from WikiCommons

Medea by Sandys from WikiCommons

Euripides’ Medea has defined the modern perception of her. The play portrays the “terrible decision that Medea comes to as a result of her painful suffering.”

Her “painful suffering” was the suffering which her husband Jason inflicted on her by being unfaithful to her and marrying Glauce, a princess to further his political ambitions. He justified himself by saying that he could not pass up the opportunity to wed a princess, and Medea was, after all, a barbarian woman, never mind that she was a barbarian woman who’d given up family, home, and homeland for him. He ultimately, apparently, planned to “unite” the two families — his family with Medea, and with Glauce — and turn Medea into his mistress.

Medea’s “terrible decision” was the plan she decided to execute to revenge herself on Jason — she killed Glauce (and, Glauce’s father, Creon) using a poisoned dress, and killed the two children she had had with Jason in order to spite Jason and cause him as much pain as possible, or so one interpretation runs. Whether or not she should have been held accountable is debatable though.

Jason had supposedly remarried so that he could have children with Glauce. And when Glauce and his father-in-law were murdered by Medea, he apparently rushed to find the children he had had with Medea so that they would not be subjected to revenge because of their mother’s act. It could well be argued that one of Medea’s aims in killing her children was to spare them death at the hands of her enemies.

Then again, by killing the children, she effectively killed a part of Jason. And perhaps that was the ultimate revenge: Jason wanted children, and she not only deprived him of the possibility of having children with Glauce but also killed the children he had already had with her. To kill the children for a reason that was anything but altruistic would involve viewing the children not so much as individuals in themselves but as extensions of their father, which perhaps could be understood given that contemporary Greek society was intensely patriarchal, and viewed women mainly as breeders and chattel.

Contemporary Athenian law also allowed a man to marry and have children by a citizen woman while keeping a foreign woman who was not a citizen, in this case, Medea, as a concubine. And as far as divorce was concerned, all a man had to do was formally repudiate his wife, and send her back to her father or other male guardian with her dowry. There were two reasons who this did not apply to Jason and Medea though: firstly, Medea had contracted her own marriage, and as such, she had no one she could be “returned to”. Secondly, Jason had sworn to be wed to Medea before Zeus and Hera, and as such, by divorcing her, he had in fact, broken an oath to the Gods.

Whether on not Medea is, or should be, criminally culpable is an open question though lying on thoroughly ambiguous moral ground. Medea was obviously distraught at the time she developed her plan for revenge. The murders were premeditated to the extent that she did not commit them on the spur of the moment. However, she developed the plan at a time when she was quite obviously not emotionally stable. And the duration of the time from when she first conceived of the plan to the time when she executed it was short.

In addition to this, there is the question of provocation. In law, if a person commits a crime in consequence of being provoked, their criminal liability could be diminished to the point of being non-existent. It isn’t clear whether Jason’s conduct would be viewed as “adequate provocation” to cause Medea to commit multiple murders — presumably, it was not unheard of conduct at the time the play was written — although it would be difficult to argue that Medea’s committing the murders had nothing to do with her being cast off, and banished. She lived in a society in which she seems to have had no recourse to any form of justice, as a “barbarian” woman she was especially disadvantaged, and being exiled would have left her in an entirely hopeless position.

Medea states in the play that she knows her own mind, and that she knows that what she is doing is wrong. However, given that the act which seems to have spurred her to commit the murders is her banishment with immediate effect by Creon, Glauce’s father, it is unlikely that she did actually know her own mind.

She managed (by being manipulative) to get a twenty-four hour grace period from Creon, during which time she both planned and executed the murders. Jason arrived to meet her after Creon left her, and insulted her. It was in these twenty-four hours that she planned and committed the murders. In the play, she is simply not decisive with regard to murdering her children until the last possible moment.

Medea unequivocally states in the play that she is an autonomous individual — an assertion which in itself would have been questionable especially given that women were subject to the rule of men in a very literal sense with little autonomy of their own. Perhaps in the way that Glauce seems to have been little beyond a pawn in the schemes of her father and Jason, and who died because of those schemes.

Medea, however, managed to thoroughly subvert Jason’s schemes, and escape the consequences of her actions. At the end of the play, she is shown escaping in a chariot provided by the Gods — leaving no doubt of whom they supported. She speaks in a voice which is reminiscent of that used by the Gods, cold and distant. Driven to murder by Jason, she is ultimately far removed from emotion itself, it would seem.

Image: Medea by Sandys from WikiCommons

(This article is by Nandita Saikia and was first published at LawMatters.in.)

School Punishment Kills Student

It has been reported that a girl in Delhi died after being punished in the municipal school she attended. Her name was Shanno, and she was eleven years old. Apparently, her teacher made her sit in a position imitating a chicken for two hours in the sun and piled bricks on her back. The girl is reported to have died from a lack of oxygen although the details are not clear.

Much could be said about the teacher’s lack of all good sense and humanity but words would probably do a poor job of describing it. To treat a child in such a manner especially considering that temperatures in Delhi are well over 40 degrees centigrade would require extraordinary cruelty.

The media, in its coverage, seems to have focussed on the dearth of laws to protect a child in such a situation and has spoken of the Delhi High Court and the NCPCC taking a stand against corporal
punishment in schools.

It isn’t entirely clear why that should be especially relevant in a case such as this. The Indian Penal Code doesn’t have any shortage of provisions to deal with harming other persons be they children or
adults: causing hurt, causing grievous hurt, assault, murder and culpable homicide, among others.

And while it is certainly not a bad idea to have some sui generis legislation in place banning the corporal punishment of children both within and outside schools, it is entirely ridiculous to imply that
the absence of such legislation in any way bars awarding punishment to those guilty of assaulting a child.

Even leaving criminal law aside, erring teachers and institutions could always be sued under tort law. The principle of vicarious liability, among other things, would ensure that schools which had such teachers could also be pursued through legal channels.

True, children are often assaulted by school teachers. True, there exists no law which specifically deals with banning corporal punishment. It does not, however, automatically follow that there are no remedies available to children and their parents when teachers act in such an unconscionable manner and assault their students.

Falsus in Uno, Falsus in Omnibus

A Bench of the Supreme Court comprising Justice Arijit Pasayat and Justice P. Sathasivam spoke of the application of the maxim ‘falsus in uno falsus in omnibus‘ in India in the case of Dalbir Singh v. State of Haryana, 2008 who was convicted and sentenced to life imprisonment for murdering his uncle, Ram Partap, although all the other persons who were accused of murder along with him were acquitted because there was a dearth of credible evidence against them.

Upholding the conviction against Dalbir Singh, the Court said, “Even if major portion of evidence is found to be deficient, residue is sufficient to prove guilt of an accused, notwithstanding acquittal of large number of other co-accused persons, his conviction can be maintained.”

The Applicability of the Maxim ‘Falsus in Uno Falsus in Omnibus’

The Supreme Court said:

“Falsity of particular material witness or material particular would not ruin it from the beginning to end. The maxim ‘falsus in uno falsus in omnibus’ has no application in India and a witness cannot be branded as liar.

The maxim general acceptance or come to occupy the status of rule of law. It is merely a rule of caution. All that it amounts to is that in such cases testimony may be disregarded, and not that it must be disregarded. The doctrine merely involves the question of weight of evidence which a Court may apply in a given set of circumstances, but it is not what may be called “a mandatory rule of evidence”. (See Nisar Alli v. The State of Uttar Pradesh: AIR 1957 SC 366).

… The doctrine is a dangerous one specially in India for if a whole body of the testimony were to be rejected, because witness was evidently speaking an untruth in some aspect, it is to be feared that administration of criminal justice would come to a dead-stop.

The witnesses just cannot help in giving embroidery to a story, however, true in the main. Therefore, it has to be appraised in each case as to what extent the evidence is worthy of acceptance, and merely because in some respects the Court considers the same to be insufficient for placing reliance on the testimony of a witness, it does not necessarily follow as a matter of law that it must be disregarded in all respects as well. The evidence has to be sifted with care. The aforesaid dictum is not a sound rule for the reason that one hardly comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggeration, embroideries or embellishment. (See Sahrab s/s Belli Nayata and another v. The State of Madhya Pradesh: (1972) 3 SCC 751, and Umar Ahir and others v. The State of Bihar: AIR 1965 SC 277).

As observed by this Court in State of Rajasthan v. Smt. Kalki and another: AIR 1981 SC 1390, normal discrepancies in evidence are those which are due to normal errors of observations, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of occurrence and these are always there however honest and truthful a witness may be. Material discrepancies are those which are not normal and not expected of a normal person.

Courts have to label the category to which a discrepancy may be cateogrised. While normal discrepancies do not corrode the credibility of a party’s case, material discrepancies do so.”

(This extract has been edited.)

Sati Law

The UPA government has apparently abandoned the plan to strengthen the Commission of Sati (Prevention) Act, 1987 (which had been cleared by a GoM in August 2007) by increasing prison terms for those who commit or glorify the practice. It was proposed to hold the entire community responsible for the act.

The Bill was being driven by the Women and Child Development Ministry and was to not only make the coercing of a woman to commit Sati a non-bailable offence and but also to make local panchayats responsible for alerting the police and the District Magistrate to incidents of Sati.

Cabinet minister for mines Sis Ram Ola said the proposals would challenge existing mores. [Never mind that that's why the Act exists: so that women aren't burnt to death on their husbands' funeral pyres due to social mores and religious beliefs.] He also asked what would happen to Sati temples and how the government would deal with people worshipping in them.

The Bill also made provision for villages where Sati occured to be heavily fined. Science and technology minister Kapil Sibal said that there were legal lapses in the bill insofar as it held the panchayat and onlookers responsible for participating in Sati. [If you're going to stand back and applaud as an often unwilling woman is murdered, why on earth shouldn't you be held responsible?]