On 18th September, the Central Bureau of Investigation (CBI) ruled out the angle of religious conversion in the tragic suicide of a 12th-standard student at Sacred Heart Higher Secondary School in Thanjavur, Tamil Nadu. The findings were presented to the Madurai Bench of the Madras High Court in response to the petition filed by the main accused in the case, Sister Sagaya Mary. The CBI stated that Lavanya’s decision to end her life stemmed from stress due to administrative tasks she performed at her hostel and not because of pressure to convert to Christianity. However, in her dying declaration, Lavanya had said she was forced to convert to Christianity.
The case has been under public scrutiny since 2022 when the victim’s family accused the school authorities of forcing her to convert. An investigation into the matter was initiated, which was later transferred to the CBI. Several protests were held in the case. The CBI, in its final report to the court, stated the agency found no evidence supporting the religious conversion angle. The agency further emphasised that the mental stress Lavanya faced was due to her academic struggles and responsibilities at the school hostel, leading to her taking extreme steps.
Sister Sagaya’s plea to quash chargesheet
In the first week of September 2024, Sister Sagaya Mary, the sole accused in the case, filed a petition before the court to quash the chargesheet against her. She argued that the charges filed by the CBI were baseless and that she was being falsely implicated in the case. She emphasised that the allegations stemmed from statements made by Lavanya, referring to minor incidents of scolding and administrative work.
The matter was transferred to the CBI in 2022 after the victim’s parents accused the school authorities of forcing her to perform domestic chores and convert to Christianity. In her petition, the accused argued that there was no prima facie evidence against her and that the allegations lacked substance.
Lavanya’s dying declaration: a crucial piece of evidence
Though the CBI has said in its report that there is no forced conversion angle in the case, Lavanya’s dying declaration has been a pivotal element. On 9th January 2022, she allegedly consumed pesticides after being subjected to prolonged mental and emotional distress. A video of the victim surfaced, recorded before her death, in which she alleged that she was pressured by the school authorities to convert to Christianity. In the video, she was seen speaking weakly but clearly. She stated that the school administration asked her to convert. When she refused, she was harassed and forced to perform demeaning tasks, such as cleaning toilets and cooking for others.
She named a school warden, Rachael Mary, in her video as one of the individuals involved in the alleged harassment. The video was widely shared on social media, leading to outrage. It became the central point in the legal proceedings.
On 19th January 2022, Lavanya succumbed to her injuries after spending several days in intensive care. Her family and several Hindu organisations have pointed to the dying declaration as evidence of the school’s attempts to convert her. However, the CBI’s report has cast doubt on the conversion angle. The agency has attributed her suicide to the academic and administrative pressure she faced.
The legal standing of a dying declaration: Section 32 of the Indian Evidence Act
To understand the importance of a dying declaration, we should look into both the Indian Evidence Act and Bharatiya Sakshya Adhiniyam.
Under Section 32(1) of the Indian Evidence Act, of 1872, a dying declaration is a statement made by a person regarding the cause of their death or the circumstances leading to their death. Such declarations are admissible as evidence in court, even though they may not have been made under oath or subjected to cross-examination. The underlying principle is that a person on the verge of death is unlikely to lie, a concept known as “Nemo moriturus praesumitur mentiri,” meaning “a person who is about to die is presumed to speak the truth.”
In the case of Lavanya’s death, her dying declaration was made in the form of a video. That would typically be considered a strong piece of evidence in any criminal case. The courts have the authority to rely solely on a dying declaration to convict an accused if the court asserts that the statement was made voluntarily and truthfully.
Evidentiary value under Bharatiya Sakshya Adhiniyam 2023
Under the Bharatiya Sakshya Adhiniyam 2023 (Indian Evidence Act 2023), the legal provisions surrounding dying declarations have been retained, aligning with the principles outlined in the 1872 Act. Sections 26 and 27 state that any statement made by a person as to the cause of their death or the circumstances of the transaction leading to their death is admissible as evidence. The statement is considered relevant whether or not the person making it was under the expectation of death.
However, for a dying declaration to be accepted, it must be credible, voluntary, and untainted by external influence. The courts examine the mental and physical state of the declarant at the time the statement was made.
Dying declaration and judicial precedents
In the past, Indian courts have consistently upheld the importance of such declarations. For example, in the case of Sham Shankar Kankaria v. State of Maharashtra, the Supreme Court ruled that a dying declaration could serve as the sole basis for a conviction if it is found to be reliable.
Conclusion
As the CBI has dismissed the forced conversion angle, there is now a renewed focus on Lavanya’s academic stress and the administrative tasks she was allegedly assigned. However, questions remain about how fully her dying declaration, which is a crucial piece of evidence, has been considered by the investigating agency. Under Indian law, a dying declaration holds significant evidentiary value and can, in many cases, serve as the sole basis for a conviction.
The CBI has provided an alternative narrative that focuses on administrative pressure. It is essential to reflect on whether the emotional weight and clarity of the victim’s final words were given the attention they deserved by the investigative agency. Her statement, recorded under distress but with direct allegations, sheds light on the perception she had of the events in her last days. Such declarations have shaped court judgments in the past, and any attempts to downplay them may lead to questions about the thoroughness of the investigation.
In the upcoming hearings, the court should reconcile the CBI’s findings with Lavanya’s own account. It will ensure that every piece of evidence is weighed with the seriousness it deserves. It will reflect the court’s responsibility in interpreting the voice of a young girl who no longer has the opportunity to speak for herself.
