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.)

Public Displays of Affection

There’ve been a number of instances of late in urban areas about morality and the law. One which was widely discussed was the Mangalore incident where persons with political affiliations seem to have assaulted women who were drinking in a pub. Apparently, they were acting as the moral police although it isn’t clear why drinking was considered immoral or how they could possibly be policing anything or anyone since drinking per se is not ordinarily illegal.

Nonetheless, there were people who spoke of vigilantes taking (non-existent) law(s) into their own hands. The story was covered by every newspaper, TV channel and almost every blog. And everyone against women drinking spoke long and loud about its being against Indian Culture.

Soon after, there was another report of a PDA which came from Delhi. This one didn’t have anything to do with alcohol but spoke of policemen having charged a young, married couple with obscenity for kissing each other under a metro pillar in Dwarka, Delhi. The couple said that they weren’t kissing each other – they were taking pictures of themselves with a cell phone – and that the policemen (and their lawyer) were trying to extort money from them. Ultimately, they approached the Delhi High Court to have the FIR filed against them quashed. Among other things, they said that while they were being interrogated, the husband’s ATM card was used to unburden him of 20,000 INR.

The High Court while saying that the FIR was difficult to believe since there were no passers-by or witnesses whose statements were attached to it. Indian law does not define obscenity: it is left entirely to the judiciary to interpret what is and is not obscene.  The couple had been accused of having violated sections 294 and 34 of the Indian Penal Code. Under section 294, whoever, to the annoyance of others does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words, in or near any public place is to be punished with either simple or rigorous imprisonment for a term which may extend to three months, or with fine, or with both. Section 34, however, deals with acts done by several persons in furtherance of a common intention. Under the Section, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

One problem with accusing the couple with obscenity was the lack of witnesses: the law requires the obscene act to annoy others. If it’s an act which no one has seen, it does not fall within the parameters of the Section 294 of Indian Penal Code.

The Court also said that even if the couple were in fact kissing, there could be nothing wrong in their doing so, and it expressed surprise that the police chose to ignore the fact that the couple were married. Justice Muralidhar said: “The FIR doesn’t make a case for offence under Section 294 (obscenity) read with 34 IPC. It is inconceivable how, even if one were to take what is stated in the FIR to be true, an expression of love by a young married couple would attract the offence of obscenity and trigger the coercive process of law.”

While it’s certainly something that the High Court did in fact step in to protect the couple, what was striking was the emphasis on the couple being married. Does that mean that if the couple was not married, their having done exactly the same thing would have been considered obscene?

Reference: Times of India, February 3, 2009

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?]

What (Some) Judges Say About Rape

“A raped woman is framed socially and within the law as something broken. Neither Madonna nor whore but somewhere in between. The carrier of bad luck. There is a general but grudging acceptance that it isn’t really her fault, but if she had done something else, gone in another direction, not had that drink or worn that dress or smiled that way, it might never have happened…”
From ‘The Story of Jane Doe: A Book about Rape’ (Random House, 2003 at 118)

1982: Judge Bertram Richards said that a teenager who had been raped was “guilty of a great deal of contributory negligence” by hitchhiking home late at night.
http://www.newint.org/issue187/death.htm

1983: Judge Brian Gibbens, 76, said he had “considerable sympathy” for a 35-year-old builder who had sex with a seven-year-old girl, and added: “It strikes me as one of the kinds of accidents which could almost happen to anyone.”
http://justice.org.nz/pubs/reports/1999/family_conference/author_24.html

1986: Mr Justice Leonard, the High Court Judge in the Ealing Vicarage rape trial, said, “the trauma suffered by the victim was not so very great.” He gave the burglar who organised the raid a much harsher sentence than the two rapists and was later hauled up for placing more value on property than on person.
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2006/03/08/nsaward08.xml&sSheet=/news/2006/03/08/ixhome.html

1988: Judge Sir Harold Cassel QC said that an ex-policeman was driven to indecently assaulting his twelve-year-old mentally-retarded stepdaughter because his wife’s diminished desire for sex during her pregnancy had caused “considerable problems for a healthy young husband”. He accused the woman of ‘encouraging’ the assaults although the she said, “As far as the sexual side, my husband did not go without the whole time through my pregnancy, so I do not know where the judge got his information from.”
http://www.bunker8.pwp.blueyonder.co.uk/Sue/body.htm

1991: Sir Arthur Myerson reduced rapist Brian David Huntley’s sentence because he “showed concern and consideration by wearing a contraceptive.”
http://news.bbc.co.uk/1/hi/uk/1263875.stm; http://homes.cerias.purdue.edu/~spaf/Yucks/V1/msg00061.html

1993: Judge Ian Starforth Hill described an eight-year-old victim of a sexual attack as “not entirely an angel”.
http://business.timesonline.co.uk/tol/business/law/article2876160.ece

1993: Judge John Prosser let a 15-year-old rapist go free ordering him to pay his teenage victim £500 “for a good holiday”.
http://business.timesonline.co.uk/tol/business/law/article2876160.ece

1993: Judge Smedley in a case heard at the Old Bailey explained why evidence of the victim’s distress should be disregarded: “A word of warning. If the account the complainant is giving was completely fabricated you may think she is clever, then clever enough to act out distress”.
http://www.bunker8.pwp.blueyonder.co.uk/Sue/body.htm

2003: Judge Richard Benson, a circuit judge, gave a 58-year-old father a three-year community rehabilitation order for repeatedly molesting his daughter while her mother was shopping when she was seven and eight since he thought the case was at “the more bland edge of the spectrum”.
http://www.guardian.co.uk/world/2003/dec/16/law.ukcrime

2006: Judge Addison passed a suspended sentence of nine months on a swimming instructor, Ross Sweet, who sexually assaulted two eight-year-old girls on two occasions and praised him for being a good and caring teacher.
http://www.thesun.co.uk/sol/homepage/news/article65397.ece; http://news.bbc.co.uk/1/hi/england/london/6288819.stm; http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/06/23/njudges123.xml

2007: Judge Julian Hall said to Eric Cole, 71, who had sexually assaulted a six-year-old: “In criminal terms, what you did was quite mild.” He ordered Cole to pay his victim compensation of £250, adding: “If it buys her a nice new bicycle, that’s the sort of thing that might cheer her up.”
http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=433514&in_page_id=1766

2008: Judge Julian Hall of the Oxford Crown Court said a ten-year-old girl had dressed provocatively while letting her rapist, Keith Fenn, 24, and his accomplice Darren Wright, 34, off with astonishingly lenient sentences.
http://www.news.com.au/heraldsun/story/0,21985,21969117-663,00.html

Incidentally, rape is apparently not illegal under Nigerian law.
http://worldivided.com/2007/12/07/when-submission-becomes-a-routine/

In 1913, Rebecca West said: “I myself have never been able to find out what feminism is; I only know that people call me a feminist whenever I express sentiments that differentiate me from a doormat or a prostitute.”