Suicides of Vipanchika & Athulya in Sharjah; Kerala police face uphill task in proving crimes abroad

Kerala police probing the alleged suicides of two women from Kollam, Vipanchika Manian (33) and Athulya Shekhar (29), in Sharjah face multiple hurdles considering the place of occurrence of the reported crime and the nature of the complaints.

The two women died by suicide just 11 days apart under eerily similar circumstances, both allegedly after enduring prolonged domestic abuse. On July 8, Vipanchika and her one-and-a-half-year-old daughter, Vaibhavi, were found dead at their residence in Al Nahda.

On July 19, Athulya was found dead in her apartment in Sharjah. Both cases sparked widespread outrage in Kerala, with the families accusing the husbands and their relatives of domestic abuse and dowry harassment.

Officials associated with the probe said that the primary focus will be on collecting and building evidence. In both cases, digital evidence like images, videos and text messages has been widely circulated. Under the newly introduced Bharatiya Sakshya Adhiniyam (BSA), electronic evidence is now admissible as primary evidence.

Even while relying on this evidence, police will have to build a case to prove frequent domestic abuse, which then leads to establish the next charge; abetment of suicide. Preliminary probe shows that the women were abused in apartments in Sharjah. The police will have to gather enough evidence to enforce section 208 of the BNSS, which deals with the jurisdiction of Indian courts to try offences committed outside India.

The investigation team probing the suicide of Vipanchika insisted on conducting an autopsy when the body was brought to Kerala, although the authorities in Sharjah had completed legal formalities.

A senior police official said that the second autopsy at the Thiruvananthapuram Government Medical College Hospital revealed additional injuries, supporting the family's allegations of physical abuse. Athulya’s body was repatriated on Wednesday, and the police repeated the procedure. While the autopsy was held in Sharjah, the body was sent to Paripally Medical College for another autopsy.

Even with solid forensic evidence, Kerala police will have to navigate complex procedural and jurisdictional challenges to bring the accused to justice. The foremost step involves getting the crucial assistance from the country where the crime has been committed.

As per the guidelines issued by the Ministry of Home Affairs on request for Mutual Legal Assistance (MLA), the investigating officer will have to compile the facts related to the case and should bring out the need for assistance from the foreign country.

This request is transferred to the Central Authority of India, and the Internal Security-2 division will examine the request. It can provide concurrence, send it back, or deny the concurrence.

The police have now registered cases against their husbands and family members under various sections of the Bharatiya Nyaya Sanhita (BNS). In Vipanchika's case, the sections include abetment to suicide, cruelty by husband or his relatives, and under the Dowry Prohibition Act. In Athulya’s case, her husband Satheesh has also been charged with murder and causing grievous hurt.

A circular issued by the Kerala Director General of Police in 2020 enlists 12 different types of cases which can be entrusted with the State Crime Branch, District Crime Branch and Anti-Terrorist squad (ATS). As per the circular, the cases having international ramifications (requiring investigation in foreign countries) need to be transferred to the State Crime Branch.

The Interpol Liaison Officer (ILO) of the Crime Branch has to co-ordinate all the activities related to investigation abroad and the international investigation division in the Crime Branch headquarters functions under the command of the ILO.

Accordingly, it has been decided to transfer the investigation into Vipanchika’s death to the State Crime Branch. A formal order will be issued soon. This will also apply to Athulya's case, as the alleged crime occurred in a foreign country.