LALITHA Vs. STATE OF A P

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. on behalf of 49 girls who have been kept in Rescue Home at Ameerpet, to quash the proceedings in Crime No.25/97 of P.S. Sanjeeva Reddynagar, Hyderabad registered under Section 309 I.P.C. That crime was registered on the complaint of Women and Child Welfare Officer, Service Home, Hyderabad presented before the S.H.O., S.R. Nagar on 13-5- 1997 stating that the petitioners herein went on indefinite hunger strike on 10-5-1997 at about 8.30 p.m. onwards and on-account of it, a girl by name Rukmini fell unconscious on 12-5-1997 and that girl was shifted to Osmania General Hospital and the other persons are continuing indefinite hunger strike. Thus, the allegation of the prosecution is that these petitioners attempted to commit suicide by resorting to hunger strike.

(2.) For proper appreciation, it is necessary to state the facts leading for taking up hunger strike by these petitioners and they are as follows : In pursuance of a News Item in Telugu Daily "Eenadu" that prostitution is being carried on at "Mehbub-ka-Mehandhi" a redlight area near Charminar under the very nose of the Police, a public spirited person by name P.S. Swamy of "Liberation Front" sent a letter dated 6-3-1997 to this Court and this Court treated the said letter as Writ Petition No.5736/97 and the Commissioner of Police, Hyderabad was directed to cause enquiry through the Superintendent of Police for Women Protection Cell as to how many women have been kept forcibly in the place called Mehbub-ka-Mehandhi" and submit the report. In pursuance of the said direction by this Court, the Superintendent of Police for Women Protection Cell, Hyderabad went to the area and conducted a detailed enquiry on 12-4-1997 and 16-4-1997. During the course of enquiry, the Superintendent of Police rescued 65 families from "Mehabub- ka-Mehandhi" area and also arrested 19 Brothel keepers, who are maintaining the brothel houses besides arresting house owners, financiers, brokers and some police men. All the rescued women were kept in the Rescue Home, Service Home, Ameerpet and out of the rescued owners, some had escaped. This Court directed, the Director- General of Police, Hyderabad to enquire into the matter with regard to the various ailments of the rescued women. This Court also directed the Superintendent of the Osmania Medical Hospital, Hyderabad to make necessary arrangements for medical examination. The petitioners herein are some of these rescued women from that "Mehabub-ka-Mehandhi" and kept at the Social Welfare Home at Ameerpet. While the matter was under enquiry, the petitioners herein went on hunger strike as the minimum facilities at the Social Welfare Home where they were detained were not adequate. It is in that context, the Women and Child Welfare Officer attached to that Social Welfare Home, Ameerpet preferred the complaint against these petitioners and others that they resorted to hunger strike with effect from 8.30 p.m. on 10-5-1997 onwards the S.H.O., S.R. Nagar P.S. Registered the crime under Section 309 I.P.C. against these petitioners and others. When that fact was brought to the notice of this Court, this Court directed the authorities to shift the petitioners and other women to Chenchalguda Jail (Women Ward), Hyderabad and also directed the Jail Authority to provide all facilities. The Court also directed some of the ladies who are not suffering with any veneral diseases to be released and accordingly, they were released after executing the bonds. But, the petitioners herein are still in jail as the crime under Section 309 I.P.C. has been registered against them.

(3.) The learned Counsel for the petitioners vehemently contends that the petitioners herein went on hunger strike to bring to the notice of the authorities that there were no minimum facilities at State Home where they are detained after bringing them from "Mehabub-ka-Mehandhi" and that the petitioners never had any idea of committing suicide and that they did not resort to hunger strike with an intention to commit suicide. Considering the facts and circumstances in this case, it cannot be said that the petitioners had resorted to hunger strike with a view to commit suicide. Even the FIR based on the complaint of the Women and Child Welfare Officer, there is no mention that these petitioners went on hunger strike till death. The peculiar difficulty of committing suicide by starvation is that it is a long drawn out process, which can be interrupted or given up at any stage. Unless there is some overt declaration by the accused of his intention of fast to death, it is difficult to be shown that he really intended to persevere to the bitter end. Even if there is such an intention at the beginning, one has always to make allowance for the possibility of the accused changing his mind and breaking his fast before it becomes dangerous. If a person openly declares that the will fast to death and then proceeds to refuse on nourishment until the stage is reached when there is imminent danger of death ensuing, it can be said that the intention of the accused was to commit suicide by starvation. But, where there is no open declaration by the accused that he will fast to death and that stage has not reached where it has become dangerous, it cannot be inferred that the intention of undertaking fast is to commit suicide. It is common knowledge that many a time the inmates of a prison would resort to hunger strike only for a limited period with a view to exert pressure on the authorities by the public opinion to remedy their grievances and give up that fasting before they are taking any real danger of succumbing to starvation. Considering the circumstances in this case, it is only when the minimum facilities were not provided to the petitioner in the Welfare Home where they were detained, they resorted to hunger strike. Further, as earlier stated, it is nowhere stated in the F.I.R. that the petitioners openly declared that they had decided to fast until death. Further, by the time when the report was given, they were on hunger strike for about only 48 hours and it cannot be said that at that stage, the lives of these petitioners were in danger. The evidence on record goes to show that the petitioners abstained from taking food for 2 days or 3 days with an object of giving pressure to bear on the authorities so as to force them to remedy their grievance by providing adequate facilities. There is nothing on record to show that the petitioners ever intended to carry on the fast until death. Under these circumstances, the ingredients of Section 309 I.P.C. are not made out and the proceedings initiated against these petitioners in Crime No.250/97 of P.S. Sanjeeva Reddynagar, Hyderabad for the offence under Section 309 I.P.C. are liable to be quashed. Accordingly, the proceedings in Crime No.250/97 of P.S. Sanjeeva Reddynagar are quashed. Petition allowed.