Redhotcurry.com logo


Search Web
Search Redhotcurry.com
 
Archived Articles
Year 2008
  Year 2007
  Year 2006
  Year 2005
  Year 2004
  Year 2003
  Year 2002
  Year 2001
  Year 2000
 
News Headlines
     
News Headlines
News Headlines
 
 
 
News 2008
News ->New Provocation Law for Battered Asian Wives.

New Provocation Law for Battered Asian Wives
(29 July 2008)

Aishwarya Rai in the film 'Provoked' based on the true life case of Kiranjit Ahluwalia.New reforms to the law on homicide will make it much harder for those who kill out of anger to avoid a murder conviction by claiming that they were provoked, Justice Minister Maria Eagle said today. Ironically, whilst the new changes would mean men could not use the provocation defence when killing in anger, or out of sexual jealousy, women who have suffered domestic violence are more likely to be able to use this defence in their favour. Cases like that of Kiranjit Ahluwalia, a woman who was imprisoned in 1989 for killing her husband after suffering a decade of physical and mental violence.



Thanks to the efforts of the now legendary Southall Black Sisters, Ahluwalia was freed in a famous case in 1992: Regina V Ahluwalia which made legal history and brought about a change in English law, redefining the word, 'provocation' in the case of battered women. Her story was turned into a major film, entitled 'Provoked' starring Bollywood actress Aishwarya Rai. Hannana Siddiqui, Joint Co-ordinator of Southall Black Sisters today said "we welcome any changes that help to protect vulnerable women who have suffered domestic violence."

The consultation paper makes clear that a manslaughter conviction should be justified for killings carried out in anger only in exceptional circumstances - which do not include sexual infidelity on the part of the victim. Currently, defendants who successfully plead provocation can avoid the mandatory life sentence that a murder charge carries, instead receiving the lesser sentence of manslaughter.

Maria Eagle said: "For men and women who kill their partners these changes will mean that the letter of the law finally catches up with judges and juries, who in recent years have been less prone than people think to let men off lightly and punish women harshly. However, in order to be fair they've had to stretch the law to its limits. With these changes, the law will be quite clear.

"There'll be a significant impact on other anger killing cases too. Some killers who might currently get off with manslaughter will get murder in future."

Welcoming the proposed changes Minister for Women Harriet Harman said: "For centuries the law has allowed men to escape a murder charge in domestic homicide cases by blaming the victim. Ending the provocation defence in cases of "infidelity" is an important law change and will end the culture of excuses.

"There is no excuse for domestic violence, let alone taking a life. Whatever happens in a relationship does not justify resorting to violence. So men who kill their wife will have to face a murder charge and will no longer be able to claim 'its her fault, she provoked me'.

"Changing the law will end the injustice of women being killed by their husband and then being blamed. It will end the injustice of the perpetrators making excuses saying it's not my fault - it's hers."

Noting that the homicide law was last reformed 50 years ago, Attorney General Baroness Scotland said: "Murder law has not changed since 1957 - the proposed thorough overhaul will bring it right up to date."

ABOUT MURDER & PROVOCATION

Currently, there are three partial defences to murder: provocation, diminished responsibility and killing in pursuance of a suicide pact (the latter is not considered in today's consultation paper). Defendants who have killed with the intention for murder described above are convicted of manslaughter rather than murder if they successfully plead one of these partial defences. Manslaughter carries a maximum, but not mandatory, life sentence.

The partial defence of provocation can be traced back at least to the 17th century, but in its current form it is set out in section 3 of the Homicide Act 1957. The partial defence has since been developed through case law, for example to allow for the cumulative effect of provocation and some time delay between the final provocative act and the killing itself. The burden of proof rests with the prosecution who must prove beyond reasonable doubt that the defendant was not in fact provoked.

In November 2006, the Law Commission published its report, 'Murder, Manslaughter and Infanticide' which has formed the basis of the consultation paper which the Government is publishing today.

FACTS ON DOMESTIC VIOLENCE

Harriet HarmanMinister for Women Harriet Harman today published a new report 'Women's Changing Lives' which charts progress made on the Government's priorities for women. The report coincides with Government announcement of new laws on homicide which will end the provocation defence for example in cases of domestic homicide where the husband escapes murder charge by blaming his wife for 'provoking' him by her infidelity.

As the Government plans to toughen the law in domestic violence cases, the Government Equalities Office today published a factsheet on domestic violence which includes the Domestic Homicide Map of Britain showing the number of women killed by their partners across England and Wales. Ms Harman said: 'We can and will make progress in tackling the dreadful toll of domestic violence.'

The Ministers for Women's progress report marks one year on from when the Ministers for Women and Equality set out their priorities - to support women and families who are caring for children and elderly relatives; tackle violence against women, and changing the way we treat women offenders; and increasing the representation of black, Asian and minority ethnic women in public life.

Ms Harman said: 'The Government is, and always has been, the champion of equality and fairness for women. This reports shows that we have done a great deal to support families, tackle violence against women, and promote equal representation since I announced last July that these are the Government's priorities for women.

'But progress has not been without a struggle. We must, and will, go further. Last month I outlined details of a strong new Equality Bill, because we are not satisfied and we must do more.'

In the past year the Government has:

  • Announced £255 million more to support and improve the lives of the country's carers through short breaks, more financial help, and health checks.
  • Announced that the right to request flexible working will be extended to parents of children up to the age of 16 - helping an additional 4.5 million parents.
  • Created a cross-government £1million emergency fund to support rape crisis centres which provide vital support to rape victims.
  • Published 'Women Not for Sale', showing how small ads in newspapers can fuel demand for women trafficked for sexual exploitation. Ministers met with members of the newspaper and advertising industry with many newspapers now refusing offending adverts.
  • Set up a review to look at what more can be done to reduce demand for prostitution. This included visits to Sweden and Holland to look at legislative and non-legislative approaches to prostitution and how other jurisdictions are tackling human trafficking for sexual exploitation. The review will report later in 2008.
  • Taken steps to improve how women offenders are treated, including increasing the use of community sentences for women who are not violent and often have children.
  • Announced it will legislate to enable political parties to use all-women shortlists until 2030. There are now record levels of women in Parliament, but only a fifth of MPs are women - despite making up half the population.
  • Launched a new taskforce with a specific remit to encourage more black, Asian and minority ethnic women to step forward to become a local councillor.
  • Since 1997, the Government has reduced the gender pay gap, doubled the number of good quality affordable childcare places in England, introduced the right to request flexible working for younger parents and those who care for an older relative, improved maternity leave and pay, and introduced paternity leave. Each of these will be improved further over the coming years.

'Priorities for the Ministers for Women One Year On: Progress Report Women's Changing Lives' can be downloaded from www.equalities.gov.uk

The consultation 'Murder and Manslaughter: Proposals for Reform of the Law' is published today at www.justice.gov.uk

 

Top
 
Google Ads
 
 
 
 
  © 2002-2008. Copyright of Redhotcurry Limited. All Rights Reserved.
Home | Feedback | About Us | Press Room | Contact Us | Sitemap
USA/CANADA:
USA Site News | Business | Films | Galleries | Music | Theatre
UK NEWS & BUSINESS :  UK Site News | Business | Money | Property | Views
ENTERTAINMENT : Books | Festivals | Bollywood | Bollywood News | Bollywood Films | Films | Galleries | Museums | Music | Parties | Theatre | Television
LIFESTYLE : Culture | Eating Out  | Food & Drink | Health | Horoscopes | Home Decor | Garden | Shop | Style | Sports : MPCL | TravelWeddings
MEMBER SERVICES : Directory | eGreetings Cardsenewsletters | Wallpapers | Sign-up | DiscussEmail
SHOP: Search | Categories | Basket | Shipping | Account | Terms | Refunds | Wish List
Terms of Service | Privacy Policy | Terms of Contribution | Community Standards