Dowry Deaths Project

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NAME OF THE STUDENTS



BHAVIK TILIA

148

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ARJUN SINGH

108

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NIKHIL SHAH

97

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KAMAL KHETPAL

163

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DEFINITION

UNDER Sec 304 B The definition of "Dowry"

includes any property or valuable security

given

or agreed to given

by either directly or indirectly:

By one party to a

marriage

to the other party of

the marriage or By parents of either party of

a marriage or by

any other person, to either

party of the marriage or to any other person at or

before or any time after the marriage in

connection with the marriage of the said parties.

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INTRODUCTION

Of the various atrocities against women, the

most rampant and widespread one is

"DOWRY."

Though

we

have

various

acts

which deal very strictly against those

crimes, it is still

found in most places. Why

is it so? Inspire of the awareness that is

being created everywhere, how can this

social evil be eradicated altogether? This is

a question where the answer lies with the

younger generation than the older ones.

Being a law graduate and interested in the

welfare of the women in particular, let me it

is my ardent duty to bring to light some of

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VARIOUS ACTS AGAINST

DOWRY DEATHS

Dowries:

Gifts given by the parents of the bride

are considered "stri-dhan", i.e. property of

the woman, traditionally representing her share of her parent's wealth

[1]

.

1. The 1961 Dowry Prohibition Act:

This act

[1]

prohibits the request, payment or acceptance of

a dowry, "as

consideration for the marriage". where "dowry" is defined as a gift demanded o

r

given as a precondition for a

marriage. Gifts given without a precondition are not

considered dowry, and are legal. Asking or giving

of dowry can be punished by

an imprisonment of up to six months, or

a fine of up to

Rs. 5000. It replaced

several pieces of anti-dowry legislation that had been enacted by

various Indian

states.

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2.

2. IPC Section 304B:

IPC Section 304B:

This Section of the Indian Penal Code was

inserted by a 1986 amendment. The

Dowry deaths law

[2]

defines a '

dowry death

' as the death of a woman caused by

any burns or bodily injury or

which does not occur under normal

circumstances

within seven years of her marriage. For a

woman's death to be a dowry death, it

must also be shown that soon before

her death she was subjected to c

ruelty or

harassment by her husband or any relative of her husband for, or in connection

with, any demand for dowry. If this is proved, the woman's husband

or relative is

required to be deemed to have

caused her death. Whoever commits dowry death

is required to be punished

with imprisonment for a term which shall not be less

than seven years but which may extend to imprisonment for

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3.

3. IPC Section 498A:

IPC Section 498A:

Section 498A was inserted into the penal code in 1983 it reads:

Whoever, being the husband or the relative of the husband of a

woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall

also be liable to fine.

Police often file charges against the husband, his parents and other

relatives (whoever being named on the complaint by the wife or her

close relatives) and put them in jail. There is no penalty (even a fine)

for filing a false case. Many individuals have

for filing a false case. Many individuals have claimed this is beingclaimed this is being

abused by the wife or her close relatives.

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4. Section 176(1), Criminal Procedure Code

(Cr. P. C.) provides inquest by executive

magistrate and section 174(3) (Cr. P. C.)

provides as follows:

When (1) The case involves suicide by a woman within seven years of

her marriage (ii) The case relates to the death of a woman within

seven years of her marriage in any circumstances raising a reasonable

suspicion that some other person committed an offence in relation to

such woman, or (iii) The case relates to the death of a woman within

seven years of her marriage and any relative of the woman has made

a request in this behalf, the

a request in this behalf, the police officer will forward the body forpolice officer will forward the body for

autopsy to the nearest medical officer.

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5. Section 113 A, Indian Evidence Act (IEA).

Presumption as to abetment of suicide by a

married woman:

Dowry deaths depending upon the causes and medico legal significance, are broadly

grouped Under the following categories

:-a. Deaths due to Burns

a. Deaths due to Burns

b. Deaths due to Dr

b. Deaths due to Drowningowning

c. Deaths due to Asphyxia inclusive of Hanging, Throttling, Strangulation, Smothering

etc.

d. Deaths due to Poisoning

e. Other miscellaneous causes.

All these categories have different legal values and therefore a critical

All these categories have different legal values and therefore a critical analysis of theseanalysis of these

cases has to be Undertaken, taking into consideration, history circumstantial evidences

investigating officers report, postmortem reports etc.

Majority of dowry deaths are due to burning, poisoning or drowning where cause of death

can be clinched easily, yet great care must be taken to find out truth and the exact

can be clinched easily, yet great care must be taken to find out truth and the exact cause.cause.

In almost all cases victims are usually young roamed females. Many of these cases are

labeled as accidental deaths to hide the crime, but actually speaking these are turned to

be homicidal in nature. So, in all such cases, it is the prime duty of forensic experts to

ferret out the actual cause of death on the basis of different diagnostic cr

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6. UNDER SECTION 406:

Section 406 prescribes imprisonme

Section 406 prescribes imprisonment of up

nt of up to three years for

to three years for

criminal breach of trust for not

returning a woman's dowry, if

a woman demands it

after her marriage breaks down. Section

406 is one of the few clauses in the law that has proven

useful for women with a g

enuine case because it helps in the

retrieval of dowry where the husband or

in-laws are unwilling

to return the goods that came as dowry. If a person fails to

comply with the court's direction to transfer a

woman's dowry

within the specified period, an amount equal to

within the specified period, an amount equal to the value of

the value of

the property may be recovered from him.

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DEATHS

May 27: Young housewife burnt alive for

dowry:

LUCKNOW: For nineteen-year-old Rinki dreams of a happily married

life was never to be. Barely a month after her marriage, she was

allegedly tortured and then set ablaze by her in-laws for dowry in

Indiranagar in the small hours of Saturday. Daughter of late Gyan

Chand, a fish contractor who expired a year ago, Rinki was married

to Anil on April 19... However, soon after the marriage, Balakram

[Anil’s father] demanded a color television instead of a black and

white one and a motorcycle as well. When Rink’s mother failed to

meet their demands, the teenage housewife was subjected to

severe physical torture, allegedly by her husband and

mother-in-law... On Saturday morning she [her mother] was informed that

law... On Saturday morning she [her mother] was informed that

Rinki was charred to death when a kerosene lamp accidentally fell

on her and her clothes caught fire. However, prima-facie it

appeared that the victim was first attacked as her teeth was found

broken. Injuries were also apparent on her wrist and chest.

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Two dowry death cases in 24 hours:

NEW DELHI, AUG. 7. Two cases of dowry-related deaths have been

reported from different parts of the Capital since Friday evening.

In the first case

, a 22-year-old woman was set afire allegedly, a 22-year-old woman was set afire allegedly

by her husband at Sarai Rochelle in North Delhi.

According to the police, Anita, wife of An and, was admitted with 65

per cent burn injuries at JPN Hospital on Friday evening. In her

statement to the sub-divisional magistrate, Anita alleged that An

and had set her afire after dousing her with kerosene oil. She also

complained that An and was harassing herself for more dowry.

The Sarai Rohilla police have registered a case and arrested An and.

Further investigations in the case are on.

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In another case

, a 22-year-old woman was found hanging in, a 22-year-old woman was found hanging in

the house of her in-laws at Jahangirpuri in North-West Delhi on

Friday. Later, the family members of the deceased, Chanchal,

daughter of a senior scientist, complained that they were informed of

the death after about 12 hours. Investigations revealed that Praveen,

who was unemployed, had been given Rs. 1 lakh in dowry at the time

of the marriage about a year ago. However, he was allegedly

harassing Chanchal for more.

On the other hand, Praveen allegedly consumed some poisonous

substance in an apparent bid to commit suicide. He has been

admitted at Bhatia Nursing Home.

Jahangirpuri police have registered a case of dowry death and have

arrested Praveen's parents, Jai Lal and Rama. Further investigations

in the case are on.

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How can you participate in this campaign

against dowry..

1. Sign the pledge to demonstrate solidarity

2. Make a donation to an organization

fighting dowry, on the occasion of your

marriage or a marriage in the

marriage or a marriage in the family or your family or your

wedding anniversary, as a gesture of

support.

3. If you are a

3. If you are a creative person - Designcreative person - Design

banners, posters and flyers.

4. If you belong to some social forum, give

our campaign a voice and a platform to

reach out to more people

5. If you are a journalist / writer, write

articles about this campaign.

6. If you belong to social organizations in

India / US / any other country and are

already working on dowry, help us join

hands with your efforts.

7. If you are an artiste / dancer / singer /

instrumentalist, please use art as a medium

to voice your solidarity.

8. Share your personal stories to inspire

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