Karnataka High Court Reinforces Empathy And Equality In LGBTQIA+ Suicide Encouragement Case
New Delhi, 17th August 2023: The Karnataka High Court has refused to dismiss criminal proceedings against three managerial employees of a fashion design company in a case involving the encouragement of suicide. The individuals were accused of subjecting their colleague to mistreatment based on his sexual orientation.
Justice M Nagaprasanna, presiding over a single-judge bench, noted that the deceased was a member of the LGBTQIA+ community, who often experience emotional vulnerability due to potential exclusion. The court emphasized the need to treat such individuals with kindness and empathy.
The court further highlighted that LGBTQIA+ individuals should not face social isolation, and their innate characteristics should not be used against them. The judge called for self-reflection on the matter, stressing that everyone deserves equal treatment and respect as human beings.
The accused were three petitioners: a Deputy General Manager (Marketing), a Vice-President (Human Resources), and an Assistant Manager (Marketing) at Lifestyle International Private Limited. They were charged under IPC Section 306 in connection with the suicide of their LGBTQIA+ community colleague on June 4 of the present year.
The court lamented the loss of a young life due to apparent allegations of discriminatory behaviour regarding the deceased’s sexual orientation. The judge urged citizens to interact sensitively with vulnerable individuals and reminded everyone of the shared humanity that demands equality for all.
The deceased had previously worked for the company from 2014 to 2016 and rejoined in 2022. The first petitioner was the person the deceased reported to, the second was a teammate, and the third was the manager. The deceased’s father filed a complaint against them.
It was revealed that the deceased had filed a complaint under the Sexual Harassment of Women at Workplace Act, 2013, alleging inappropriate treatment due to his sexual orientation. The deceased was repeatedly questioned about his sexuality. A complaint was also lodged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for verbal abuse just a day before he ended his life.
The court noted that continuous annoyance or provocation that drives an individual to desperation could constitute abetment, at least prima facie. The court emphasized that cases involving a person’s death and accusations of abetment require individualized analysis, without a set formula for assessment.
The court further observed that the petition was filed a mere three days after the FIR was registered, and the investigation was still ongoing.
The bench contended that if the accused’s actions led to the erosion of a hypersensitive person’s self-esteem or self-respect, they could be held accountable for abetment to suicide. The complex interplay of human behaviour in each case necessitates detailed examination, and these disputed issues would require thorough investigation.
In conclusion, the Karnataka High Court’s decision maintains the criminal proceedings against the accused managerial staff, highlighting the importance of empathy and equal treatment for all individuals, especially those from vulnerable communities.
