Suicide Due To Break-Up Caused Trauma Is Not Abetment: Mumbai Court

In a recent ruling, A Mumbai court observed that suicide caused by mental trauma from a break-up doesn't create a case for abetment. Saying this, the court acquitted a woman and her fiancé accused of abetting her former boyfriend's suicide. As per reports, the woman, Anisha Chudasama, was in a relationship with Nitish Keni. However, she broke up with him and got engaged to Rajesh Panwar. Keni was heartbroken and allegedly stalked Chudasama. She complained to him but still he persisted. However, on January 15, 2016, Keni was found hanging in his house. He was rushed to the hospital but as per the doctors he does on the spot.

The prosecution claimed that Chudasama and Panwar had mentally tortured Keni driving him to die by suicide. Consequently, Chudasama and Panwar were accused of abetting Keni's suicide. However, the court rejected the claim and said, "Morally, it is incorrect to switch love partner at one’s whims and fancies, but if one sees from the provision of penal law, no remedy lies with the victim whose partner has switched his or her love relationship with other on her/his choice." 

Death due to mental trauma from break-up cannot create a case for abetment

Judge NP Mehta added that for abetment of suicide, there should be clear instigation, encouragement or suggestion under Section 306 of the Indian Penal Code. 

He said, "A person gets emotionally broken if the partner whom he loves breaks the relationship without any reason. If there are hard breaks in a love relationship and one partner commits suicide because of mental trauma would not bring his case under section 107 read with 306 of the IPC." 

The court said that the deceased was “upset and mentally disturbed, and went into a depressive state of mind soon after he found out about Chudasama’s relationship with Panwar. Assuming Chudasama got engaged to Panwar after breaking up with Keni, the circumstance should not have caused him to take extreme steps." 

Break-up is tough on the mind, body and emotions

Break-up is hard. It affects the mental health because of the emotional upheaval. A person invests their mind, body and emotions into another while they are in a relationship. Days begin and end with the person being within the approach. Be it a good day or a bad day, during a relationship there is a companion to share everything with. 

But when suddenly relationships end, it feels as if a string of the heart just broke which connects a person with a happy place. The mind, body and emotions feel estranged because a heartbroken person has been dependent on their partner for support in good or bad times. Days feel empty when the person no longer can drop by or text their partner who somehow managed to calm them. Society also doesn't recognise break-ups as a real issue. It either jokes it away or stigmatises it. 

However, we cannot forget that relationships and break-ups are part of our lives. We do not know when to fall in love or when to fall out of it. All we can do is choose how we deal with it. Again, as far as mental traumas are concerned, they too curb our freedom in how we can deal with our emotions. Traumas can help you grow by learning from the past but they can also keep you enmeshed in the past so much that you forget about the future. 

Basic humanity can help in dealing with breakups

 Even though there is no rulebook on how to deal with breakups, there are certain things that might help. Breakups shouldn't make us feel as if it is the end of life. Rather, it should be seen as a new beginning. There are no laws to acquit someone for causing mental trauma through breakup but there is basic humanity that should make the other person look after the one they broke up with. There is no fault in being in touch with the ex especially when you know how badly the breakup hurt them. It may be your choice to move on but it is not your choice to leave someone in pain. So let's normalise exes taking care of their former partners until they are over the break-up. 

It might sound weird because staying around the person you love is what makes the moving-on process more difficult. But then, isn't it better to end things with no harsh feelings? When exes take care of each other after a breakup, there will be a mutual understanding with no hatred piling up for the other. The relationship will have a closure with some memories of good friendship. And most importantly, a person in pain will gain support to heal. 

So sometimes, we don't need a legal order to do something that is our duty as humans.