Dowry Death

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DOWRY DEATH DOWRY DEATH

INTRODUCTION INTRODUCTION

:-The dictionary meaning of t

The dictionary meaning of the term dowry is ‘property or he term dowry is ‘property or money brought by bride to money brought by bride to her her husbandhusband on marriage’. Th

on marriage’. The system of e system of taking dowry is taking dowry is prevalent in our prevalent in our country country since ages. As since ages. As per per section 2section 2 of the Dowry Prohibition Act.,1961 dowry is defined as “dowry includes any property or valuable of the Dowry Prohibition Act.,1961 dowry is defined as “dowry includes any property or valuable security given or greed to be given either directly or indirectly:

security given or greed to be given either directly or indirectly: -By one party to a marriage

-By one party to a marriage to the other party to the marriage; orto the other party to the marriage; or -By the parents of either party to

-By the parents of either party to a marriage or by any other person, to ea marriage or by any other person, to e ither party to the marriageither party to the marriage or to any other person at or before

or to any other person at or before or any time after the marriage in connection with the or any time after the marriage in connection with the marriagemarriage of the said parties.

of the said parties.

During the ancient times dowry was considered as a custom in our country. The custom however During the ancient times dowry was considered as a custom in our country. The custom however became a social evil with the

became a social evil with the passage of time. This social evil has taken lives passage of time. This social evil has taken lives of many innocentof many innocent brides for its non fulfillment. Deaths of

brides for its non fulfillment. Deaths of young brides through suicide or homicide following disputesyoung brides through suicide or homicide following disputes over the dowry

over the dowry are increasingly a are increasingly a feature of Indian feature of Indian society.society.

Marriages in India are usually arranged by parents and the wife

Marriages in India are usually arranged by parents and the wife becomes a member of thebecomes a member of the husband's family, in most cases moves in with them.

husband's family, in most cases moves in with them. Since most marriages are arranged with theSince most marriages are arranged with the assistance of third par

assistance of third parties, the family generally do not ties, the family generally do not know each other well. know each other well. Nevertheless, theNevertheless, the newly wedded bride

newly wedded bride is expected to switch her principal loyalty ois expected to switch her principal loyalty o vernight to her husband's family.vernight to her husband's family. The husband's family may make little accommodation to the bride,

The husband's family may make little accommodation to the bride, but expect her to adjust tobut expect her to adjust to them.

them. Since they are Since they are now supporting hnow supporting her, the husband’s er, the husband’s family family believes that she believes that she must bemust be considerate to their wishes. If they think she

considerate to their wishes. If they think she is not, they may feel justified in treating heis not, they may feel justified in treating he r harshly,r harshly, even violently. In the early stages of a marriage, a new bride who is being mis-treated by her even violently. In the early stages of a marriage, a new bride who is being mis-treated by her husband's family may not seek help from her

husband's family may not seek help from her own parents because they will already have counseledown parents because they will already have counseled her that a period of adjustment to her new

her that a period of adjustment to her new situation may be needed. If she does situation may be needed. If she does complain, unlesscomplain, unless the abuse is repeated or extreme, most parents would probably be reluctant to intercede on her the abuse is repeated or extreme, most parents would probably be reluctant to intercede on her behalf with the in-laws or husband.

behalf with the in-laws or husband. This reflects the Hindu norm that once a girl is marrThis reflects the Hindu norm that once a girl is married, heried, her parents have only limited rights to a say in her new family's personal affairs.

parents have only limited rights to a say in her new family's personal affairs. They might also hopeThey might also hope that some mutual adjustment might occur between the bride and her new

that some mutual adjustment might occur between the bride and her new family so that therefamily so that there would be a reduction in harassment and ill-treatment.

would be a reduction in harassment and ill-treatment. If the girl returns to her parents' houseIf the girl returns to her parents' house because of quarrels with her husband, this brings shame on her parents' family

because of quarrels with her husband, this brings shame on her parents' family and prevents theand prevents the marriage of any of her

marriage of any of her sisters. sisters. Moreover, she cannot Moreover, she cannot take part in any religious take part in any religious ceremonies withoutceremonies without her spouse.

her spouse. For all these reasons an abused wife may not expect much support from hFor all these reasons an abused wife may not expect much support from her parentser parents and may only get support in more e

and may only get support in more e xtreme cases. These marriage arrangements reflect thextreme cases. These marriage arrangements reflect the

generally subordinate and powerless position of younger women, and patterns of domestic violence generally subordinate and powerless position of younger women, and patterns of domestic violence in India are indicative of this

in India are indicative of this position.position. The practice of dowry has its roots in the

The practice of dowry has its roots in the most common rite associated with a Hindu marriage (themost common rite associated with a Hindu marriage (the majority of Indians are

majority of Indians are Hindus), 'Kanyadan', the acHindus), 'Kanyadan', the act of giving the bride to t of giving the bride to the groom. the groom. (The word(The word literally means the act of giving or donating a virgin to the groom on an auspic

literally means the act of giving or donating a virgin to the groom on an auspicious day). ious day). It isIt is recommended in the shastras (certain rules prescribed in Hindu philosophy)

recommended in the shastras (certain rules prescribed in Hindu philosophy) that the bride bethat the bride be adorned with jewelry and then given

adorned with jewelry and then given away. According to the shastras, the ritual gift remainsaway. According to the shastras, the ritual gift remains incomplete until the groom and his parents are give

incomplete until the groom and his parents are give n 'dakshana', a token gift in their honor. This isn 'dakshana', a token gift in their honor. This is supposed to be in recognition of

supposed to be in recognition of the fact that the bridegroom and his kin deserve to the fact that the bridegroom and his kin deserve to be honoredbe honored (and financially compensated) for accepting the girl into their

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OBJECTIVE:-TO HIGHLIGHT THE OFFENCE OF DOWRY DEATH AND

TO HIGHLIGHT THE OFFENCE OF DOWRY DEATH AND HOW IS IT MISUSED IN HOW IS IT MISUSED IN OUR COUNTRY, ALSOOUR COUNTRY, ALSO TO HIGHLIGHT THE INDIAN SCENARIO.

TO HIGHLIGHT THE INDIAN SCENARIO.

STATUTORY PROVISION OF DOWRY DEATH STATUTORY PROVISION OF DOWRY DEATH

:-Section 304 B was introduced in the Indian Penal

Section 304 B was introduced in the Indian Penal Code in order to strictly deal with Code in order to strictly deal with and punish theand punish the offence of Dowry Death. It

offence of Dowry Death. It was a new offence created with effewas a new offence created with effe ct from November 19, 1986 byct from November 19, 1986 by insertion of the provision in the Indian

insertion of the provision in the Indian Penal Code providing for a more stringent offence, Penal Code providing for a more stringent offence, thanthan provided by Section 498A of the

provided by Section 498A of the same Act, which deals with punishment for cruelty by husband andsame Act, which deals with punishment for cruelty by husband and his relatives.

his relatives.

Section 304-B of IPC reads as Section 304-B of IPC reads as

follows:-(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is

under normal circumstances within seven years of her marriage and it is shown that soon before hershown that soon before her death she was subjected to cruelty or harassment by her husband or any relative

death she was subjected to cruelty or harassment by her husband or any relative of her husbandof her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relatives shall be deemed to have caused her death.

such husband or relatives shall be deemed to have caused her death.

Explanation – For the purposes of this sub section, "dowry" shall have the same meaning as in Explanation – For the purposes of this sub section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.

section 2 of the Dowry Prohibition Act, 1961.

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

be less than seven years but which may extend to imprisonment for life.

Therefore from the above section we

Therefore from the above section we can see that the following ingredients are necessary forcan see that the following ingredients are necessary for application of dowry

application of dowry death:-1.

1. When When the the death death of of a a woman woman is is caused caused by by any any burns burns or or bodily bodily injury,injury, or occurs under unusual circumstances.

or occurs under unusual circumstances. 2.

2. And And the the aforesaid aforesaid two two facts facts spring spring within within 7 7 years years of of the the girl'sgirl's marriage.

marriage. 3.

3. And And soon soon before before her her death, death, she she was was subjected subjected to to cruelty cruelty oror harassment by her husband or her relative

harassment by her husband or her relative 4.

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If these conditions exists it would constitute dowry

If these conditions exists it would constitute dowry death, and the husband and/or his relatives shalldeath, and the husband and/or his relatives shall be deemed to have caused her death.

be deemed to have caused her death.

It is true that in criminal jurisprudence the benefit of the

It is true that in criminal jurisprudence the benefit of the doubt is extendable to the accused. Thisdoubt is extendable to the accused. This concept of 'benefit of doubt' has an important role t

concept of 'benefit of doubt' has an important role t o play but within the confines of the stringencyo play but within the confines of the stringency of laws. Since the cause of death of

of laws. Since the cause of death of a married woman was to occur not in normal circumstances buta married woman was to occur not in normal circumstances but as a dowry death, for which the e

as a dowry death, for which the e vidence was not easily available, as it is vidence was not easily available, as it is mostly confined within themostly confined within the four walls of a house, namely the

four walls of a house, namely the husband's house, where all likely accused reside, the amendmentshusband's house, where all likely accused reside, the amendments brought in the concept of deemed

brought in the concept of deemed dowry death by the husband or the relatives, as the dowry death by the husband or the relatives, as the case maybe.case maybe. In cases of dowry deaths and suicides, circumstantial evidence plays an impo

In cases of dowry deaths and suicides, circumstantial evidence plays an impo rtant role andrtant role and inferences can be drawn on the basis of

inferences can be drawn on the basis of direct or indirect evidence. This section lays down stringentdirect or indirect evidence. This section lays down stringent provisions by shifting the burden onto the accused by

provisions by shifting the burden onto the accused by bringing in the deemed clause. According tobringing in the deemed clause. According to Section 8-A of the 1961 Act, which came into f

Section 8-A of the 1961 Act, which came into f orce for taking or abetting any dowry, the burden orce for taking or abetting any dowry, the burden toto explain is placed on such person against whom the alleg

explain is placed on such person against whom the alleg ation of committing the offence is made.ation of committing the offence is made. Similarly, under Explanation to Section 113 B of the

Similarly, under Explanation to Section 113 B of the Indian Evidence Act, there is a presumptionIndian Evidence Act, there is a presumption that a death caused within 7 years of marriage is

that a death caused within 7 years of marriage is a dowry death.a dowry death.

LAW COMMISSION ON DOWRY LAW COMMISSION ON DOWRY

DEATH:-The 18th Law Commission has recommended increasing the minimum sentence from 7 to

The 18th Law Commission has recommended increasing the minimum sentence from 7 to 10 years10 years in dowry death cases. It has, however, de

in dowry death cases. It has, however, de clined the suggestion to increase the maximumclined the suggestion to increase the maximum punishment from life imprisonment to death sentence.

punishment from life imprisonment to death sentence.

Justice A.R.Lakshmanan-chairman of the reconstituted commission, handed over

Justice A.R.Lakshmanan-chairman of the reconstituted commission, handed over the report onthe report on 'Dowry Death' to Union Law Minister HR

'Dowry Death' to Union Law Minister HR Bharadwaj on October 10,2007. The report examined theBharadwaj on October 10,2007. The report examined the questions whether section 304-B of the Indian Penal Code

questions whether section 304-B of the Indian Penal Code should be amended to provide for deshould be amended to provide for de athath sentence to end dowry deaths. This section provides fo

sentence to end dowry deaths. This section provides fo r a jail term not less than 7 years but whichr a jail term not less than 7 years but which may extend to life imprisonment..

may extend to life imprisonment.. The report says , It may be

The report says , It may be pertinent to point out that where a case of dowpertinent to point out that where a case of dow ry death also falls withinry death also falls within the ambit of the offence of murder, awarding death sentence may be legally permissible. The

the ambit of the offence of murder, awarding death sentence may be legally permissible. The guidelines laid down by t

guidelines laid down by t he supreme court for award of death sentence, especially the he supreme court for award of death sentence, especially the dictum of thedictum of the rarest of rare cases, will, however, have to be adhered to in such cases". The commission says rarest of rare cases, will, however, have to be adhered to in such cases". The commission says there are misgivings & misapprehensions associated with dowry death. It

there are misgivings & misapprehensions associated with dowry death. It is quite often confusedis quite often confused with the offence of murder. There may

with the offence of murder. There may be instances where the two overlap. This gives be instances where the two overlap. This gives rise to therise to the demand for parity in the matter of sentence in both cases. Nevertheless, the two offences are demand for parity in the matter of sentence in both cases. Nevertheless, the two offences are distinct & independent offences. The commission says " there is no justification for amending distinct & independent offences. The commission says " there is no justification for amending section 304-B of IPC to provide

section 304-B of IPC to provide for death penalty.for death penalty.

DOWRY DEATH IN DOWRY DEATH IN

INDIA:-In INDIA:-India not only was there

In India not only was there an apparent increase of dowry-related deaths from kitchen fires butan apparent increase of dowry-related deaths from kitchen fires but from this weed other covert forms of

from this weed other covert forms of related oppression sprouted. Some of these led related oppression sprouted. Some of these led toto psychological torture, suicides and murder of married women, desertion by

psychological torture, suicides and murder of married women, desertion by their husbands, rampanttheir husbands, rampant abortion of female fetuses, and poor families

abortion of female fetuses, and poor families resorting to female infanticide for fear of resorting to female infanticide for fear of not beingnot being able to provide dowry.

able to provide dowry.

On an average one Indian woman commits suicide every

On an average one Indian woman commits suicide every four hours over a dowry dispute, as perfour hours over a dowry dispute, as per official data, despite a series of laws to empower them.

official data, despite a series of laws to empower them.

According to data complied by the National Crime Records Bureau (

According to data complied by the National Crime Records Bureau ( NCRB), a total of 2,276 femaleNCRB), a total of 2,276 female suicides due to dowry disputes were

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figure was 2,305 in 2005. In 2004, at least 2,585 such cases were

figure was 2,305 in 2005. In 2004, at least 2,585 such cases were registered across the country.registered across the country. Statistics suggest that Madhya Pradesh topped the list for the fourth time with 585 cases,

Statistics suggest that Madhya Pradesh topped the list for the fourth time with 585 cases, accounting for one-fourth of the total number of such suicides last year in

accounting for one-fourth of the total number of such suicides last year in the country. West Bengalthe country. West Bengal was second with 445 cases and Uttar Pradesh third with 314 cases. The national capital was seve was second with 445 cases and Uttar Pradesh third with 314 cases. The national capital was seve nthnth with 69 cases.

with 69 cases.

Police officials in the capital told repo

Police officials in the capital told repo rters that suicide by hanging was the most common meansrters that suicide by hanging was the most common means adopted to end life followed by self-immolation in such cases.

adopted to end life followed by self-immolation in such cases. The NCRB is a central body assigned to compile

The NCRB is a central body assigned to compile crime figures in the country. Its figures also statecrime figures in the country. Its figures also state that one case is registered almost every

that one case is registered almost every hour under Dowry Death, which includes suicides as well ashour under Dowry Death, which includes suicides as well as murders.

murders.

A total of 7,618 cases were registered unde

A total of 7,618 cases were registered unde r Dowry Death in 2006, while 6,787 cases wer Dowry Death in 2006, while 6,787 cases we rere registered in 2005.

registered in 2005. Dowry is a social evil

Dowry is a social evil but continues to be a common practice in almost every pbut continues to be a common practice in almost every p art of India. Womenart of India. Women at the time of marriage are e

at the time of marriage are e xpected to bring with them jewellery, cash and expected to bring with them jewellery, cash and e ven consumerven consumer durables are part of dowry to the

durables are part of dowry to the in-laws and they are subsequently ill-treated, often violently, in-laws and they are subsequently ill-treated, often violently, if if they fail to do it.

they fail to do it.

DOWRY DEATH DOWRY DEATH

MISUSE:-NCW want each and every death of a

NCW want each and every death of a wife to be converted to wife to be converted to dowry death, so that they can fool thedowry death, so that they can fool the people that dowry death is increasing and demand

people that dowry death is increasing and demand more and more fund form the government andmore and more fund form the government and other sources.

other sources.

Such loop sided and assumption based law should be

Such loop sided and assumption based law should be immediately changed by our LAW maker andimmediately changed by our LAW maker and the same to be made gender equal, husband/wife to be replaced by the word spouse, as more than the same to be made gender equal, husband/wife to be replaced by the word spouse, as more than 52000 married man also end their life

52000 married man also end their life in un natural death as per crime Beureu report itself, but allin un natural death as per crime Beureu report itself, but all the husband killers are moving freely in our society.

the husband killers are moving freely in our society. Let stop this legal terrorism promoted by

Let stop this legal terrorism promoted by NCW and their associated organizations, who wants thatNCW and their associated organizations, who wants that each and every home more and mo

each and every home more and mo re litigations, so that their recommended Panel lawyers can earnre litigations, so that their recommended Panel lawyers can earn more and more money by sucking the

more and more money by sucking the blood of common people.blood of common people. In the IPC already the Murder LAW/Attempt

In the IPC already the Murder LAW/Attempt to murder law are there and the convection up to to murder law are there and the convection up to hanghang to death already available, still they want

to death already available, still they want more and more duplication of law to increase more more and more duplication of law to increase more andand more litigation and want to send the innocent people behind the bar without any evidence and more litigation and want to send the innocent people behind the bar without any evidence and without any investigation and want to convert each and every de

without any investigation and want to convert each and every de ath of a wife to a dowry ath of a wife to a dowry death todeath to fulfill their hidden agenda.

fulfill their hidden agenda. It is a great challenge to o

It is a great challenge to o ur LAW makers, will they surrender to NCW’s absurd, ill-minded ur LAW makers, will they surrender to NCW’s absurd, ill-minded proposalproposal or do justice to common people and

or do justice to common people and stop this Legal Terrorism in India in the name ostop this Legal Terrorism in India in the name o f so calledf so called dowry Laws, which is totally assumption based instead of

dowry Laws, which is totally assumption based instead of any evidence based.any evidence based.

COCLUSION:-It is ironic that in India dowry

It is ironic that in India dowry was originally designed to safeguard the woman and it was originally designed to safeguard the woman and it was thewas the provision of " Sthreedhan" ("Sthree" meaning woman and "dhan" wealth) in

provision of " Sthreedhan" ("Sthree" meaning woman and "dhan" wealth) in the form of money,the form of money, property or gifts given solely

property or gifts given solely to the woman by her parents at the time to the woman by her parents at the time of her marriage.of her marriage. "Sthreedhan", an inheritance was meant to exclusively belong to the wo

"Sthreedhan", an inheritance was meant to exclusively belong to the wo man at the time of herman at the time of her marriage. The abuse of this custom eroded and aborted the

marriage. The abuse of this custom eroded and aborted the original meaningful function of dowry asoriginal meaningful function of dowry as a safety net for the woman and was corrupted

a safety net for the woman and was corrupted to become the price tag for the to become the price tag for the groom andgroom and consequently the noose for the bride. The

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was based on his qualifications, profession and income. Doctors, Chartered Accountants and was based on his qualifications, profession and income. Doctors, Chartered Accountants and Engineers even prior to graduation develop the

Engineers even prior to graduation develop the divine right to expect a "fat" dowry divine right to expect a "fat" dowry as they becomeas they become the most sought after cream of the graduating and educated dowry league. A reactionary

the most sought after cream of the graduating and educated dowry league. A reactionary preliminary wave of preserving oppressive

preliminary wave of preserving oppressive practices of dowry demands, harassment and placingpractices of dowry demands, harassment and placing Indian males as high commodity line of

Indian males as high commodity line of goods, appeared to surface also in the West and othergoods, appeared to surface also in the West and other countries where immigrants of Indian origin established themselves.

countries where immigrants of Indian origin established themselves.

A number of laws like the Dowry Prohibition Act of 1961 (often touted as toothless) and Section A number of laws like the Dowry Prohibition Act of 1961 (often touted as toothless) and Section 113-A and Section 113-B in the Evidence Act exist to tackle the problem of dowry. But none of them 113-A and Section 113-B in the Evidence Act exist to tackle the problem of dowry. But none of them is good enough.

is good enough.

Also various legislations that have been enacted for dowry

Also various legislations that have been enacted for dowry death should not be misused .death should not be misused .