Students of criminal law will be familiar with the case of R v Ahluwalia [1992] 4 All ER 889 (if you’re not familiar, get with the programme; you will be asked about it). This case deals with the definition of provocation in cases of homicide. Provocation is a defence to a murder charge, and if made out reduces the charge to manslaughter. The definition is “a sudden a temporary loss of self control, rendering the accused so subject to passion as to make him for the moment not master of his mind.” (Devlin J. R v Duffy [1949])
Kiranjit Ahluwahlia had a privileged upbringing in a house with servants in the Punjab and at the time of her arranged marriage in 1979 to her English-educated husband Deepak Ahluwalia had 4 A levels and was studying for a law degree. Shortly after her marriage her husband began sadistically abusing her; raping and beating her. Her family and in-laws were either unwilling or unable to help.
After 10 years she snapped, placed a petrol soaked blanket over her husband whilst he slept, then lit a match. He died of his burns 6 days later. She was sentenced to life imprisonment for murder on 7th December 1989. Three years later, after a campaign by the Southall Black Sisters, the case came before the Court of Appeal, where the then Lord Chief Justice, Lord Taylor of Gosforth quashed the conviction citing evidence that the accused was suffering from “a major depressive disorder” at the time of the killing. She was sentenced to 3 years and four months imprisonment, the exact time that she had already served.
The decision was ground breaking as previously provocation had only been held to apply to a loss of control at the point of action, typically the “crime of passion” where an event has sudden so affected a persons rational thought that they cannot be held fully responsible for their actions. This definition of provocation typically reflects a male response; at her original trial her years of abuse were not accepted as provocation since there was not a provoking act close in time, her actions in setting fire to him whilst he slept were deemed premeditated.
It is now accepted that years of abuse can produce a post traumatic stress disorder, or “battered womens syndrome” where a persons rational thought is affected in the same way as by a sudden traumatic event.
Why is Ruthie moved to unleash this piece of law on a unsuspecting world? Since she is now master of the blog women’s issues naturally assume a high priority, plus a film has been made about the case called Provoked starring former Miss World, Aishwarya Rai and Robbie Coltrane as Ahlluwalia’s barrister. Both educational and entertaining, it’s the best excuse you can have for going to the cinema instead of lectures.
Ruthie wonders which actress will play her, when her courtroom dramas are re-enacted on HD widescreen. Cate Blanchett? Billie Piper?
She’s being played by Bollywood goddess Aishwarya Rai. Ahluwalia was on This Morning (british daytime tv show) yesterday morning, talking about the film and her experiences at the abusive hand of Deepak Ahluwalia. Really interesting stuff, and it’s clear that she was affected very deeply by her decade of torment. Chalk one up for real justice, methinks.
Ruthie wishes we could chalk more up to real justice, its good to see the Judge showing some real understanding and compassion.
BTW, had a nosey look at your site and like the pictures. I think the beetle one is my favourite. But why the Fire(Scotland) Act?
Thankyou for having a look!!
I had to take some photos for the Federation of Small Businesses manifesto, and they wanted some legal type stuff. Print off the covering sheets of a few Acts and no layperson is any the wiser!!
Mmm. That was your big opportunity to make up a fascinating story and you blew it! Ruthie was about to say that the truth always disappoints, but actually thats not true. In her line of work, truth is often stranger than fiction.
This is a great article all about kiranjit ahluwalia and how she spent her life at home whilst her outragous husband was beating her, slapping, and basically it was all really nasty. But it has helpt other people in the same problem as her.