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| DOWRY DEATH |
DOWRY DEATH
SYNOPSIS
STATEMENT OF PROBLEM
The dowry system is thought to put great financial burden on
the bride's family. In some cases, the dowry system leads to crime against
women, ranging from emotional abuse and injury
to even deaths. The payment of dowry has long been prohibited under
specific Indian laws including the Dowry Prohibition Act, 1961 and subsequently
by Sections 304B and 498A of the Indian Penal Code. The National
Crime Records Bureau (NCRB) figures state that 8,233 dowry deaths were reported
in 2012 from various states. The statistics work out to one death per hour.
The number of deaths under this category of
crime against women was 8,618 in 2011 but the overall conviction rate was 35.8
per cent, slightly above the 32 per cent conviction rate recorded in the latest
data for 2012. The Dowry Prohibition Act of 1961, prohibits the request,
payment or acceptance of a dowry, "as consideration for the
marriage", and dowry here is defined as a gift demanded or given as
"a pre-condition for a marriage".
"The existing law has certain loopholes and needs to be made stricter. Despite the amendments made to the Dowry Act in 1983, good results are still desired to be achieved.
RESEARCH OBJECTIVES
- To analyze & understand problems that's effect our society day by day due to the devil curses of DOWRY SYSTEM.
- To know about the discretion of the courts regarding DOWRY SYSTEM & what are punishments.
- To understand & to make others understand about this curse of DOWRY SYSTEM through a comprehensive study.
- To try to get new ideas which can curtail the DOWRY SYSTEM.
RESEARCH QUESTIONS
- What is dowry?
- What is dowry death in India?
- Who gets dowry? And what is dowry harassment?
- How is dowry different from accepting expensive gifts from in-laws?
- What is DOWRY PROHIBITION Act 1961?
HYPOTHESIS
A
proper initiative if taken for the curtailing the evil effect of Dowry System
in our society which will be likely to uplift the mental condition of poor and
rural people in the Indian society by making understand to them about the
degrading progress due to this evil curse of Dowry.
RESEARCH METHOD
Methodology”
implies more than simply the methods the researcher used to collect data. It is
often necessary to include a consideration of the concepts and theories which
underlie the methods. The methodology opted for the study on the topic may be
Doctrinal
Doctrinal research in law field
indicates arranging, ordering and analysis of the legal structure, legal frame
work and case laws by extensive surveying of legal literature but without any
field work.
Empirical
research
is research using empirical evidence. It is a way of gaining knowledge by means
of direct & indirect observation or experience. Empirical evidence (the
record of one’ direct observations or experiences) can be analyzed
quantitatively or qualitatively. Quantifying the evidence or making sense of it
in qualitative form.
In this project work I have done both Doctrinal &
Empirical research as I have studied various books & also I have gained
immense knowledge by visiting the Police Station.
SOURCES OF DATA
The Primary
sources:
POLICE STATION (Local Thana).
Authorities
Inspector in Charge –
Sub-Inspector –
Survey
report of the local people of Local & Local Police Station.
The Secondary sources:
- BOOKS
(1). Prof. Misra.S.N, By Misra Narayan Surya, Former Professor of Law, University of
Allahabad, The Indian Penal Code (Act No.45 of 1860),Central Law Publication,20th
Edition, 2016.
(2).SRA
Rosedar, B.Com, BL, Indian Penal Code, Lexis Nexis.
(3).
Bare Act, Indian Penal Code, 1860, Criminal Law (Amendment) Act, 2013
(4).
Justice Thomas K.T, former Judge of Supreme Court of India, Rashid M.A,
Advocate, Dhirajlal & Ratanlal, The Indian Penal Code, This book is the
publication of Lexis Nexis,35th Edition,2017.
- WEB
- DICTIONARY
CONCISE
LAW DICTIONARY (LEXIS NEXIS) FIFTH EDITION.
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| CHAPTER ONE |
CHAPTER
1:
INTRODUCTION
Any young man, who makes dowry a condition to
marriage, discredits his education and country and dishonor womanhood –
Said by Mahatma Gandhi.
One of
the worst evils of Indian Society is the dowry system. The word ‘dowry’ means
the property and money that a bride brings to her husband’s house at the time
of her marriage. It is a custom that is prevalent in all the sections of
our society in one form or the other. At the beginning it was voluntary, but
later on the social pressure was such that very few could escape from it. The
dowry at present is a source of both joy and curse in the society. It is also a
joy to the husband and his relatives who get cash, costly dress and utensils,
furniture, bedding materials, etc. But, it is a curse to the bride’s parents
who have to bear enormous cost to satisfy the unreasonable demands of the
bridegroom’s party. A demand of dowry does not diminish even after marriage.
The in-laws of the bride are very much ready in Indian homes to inflict
harassment, insults and tortures-both mental and physical. When more pressure
is put on the bride’s parents, their dear daughter has no other option but to
commit suicide to avoid more insult and torture at the hands of the members of
her husband’s family.
This curse of Dowry System must be eradicated forth
with at any cost. Women from every walk of life, literate or illiterate, poor
or rich, young or old must unite together and come forward to protect their own honor and interest. Though the Government has promulgated certain
anti-dowry laws, these have not produced the desired results. People’s efforts
are also necessary if this evil is to be removed once for all. The high
expenditure of the marriage ceremony must be cut down.
The
root of a host of social atrocities against women, the custom of presenting
dowry is the crudest expression of the male-dominance in the society. It is
most often the mandatory custom of a girl’s parents having to provide a
considerable amount of cash, gold in the form of jeweler, electronic equipment,
movable or immovable properties, to the groom and his family, at the time of
marriage. Although the origin of the custom lies with parents trying to assure
financial stability for their daughters, in current perspective it has
translated into parents paying up for the assurance of well-being of their
daughters. The jewellery and cash that a bride brings with her from her
parents’ house is often referred to as “Streedhan” and in theory is the
property of the girl, but in reality it is often treated as their rightful due
by the groom’s family. The sum to be paid as dowry has no set standard, the
yardstick greatly depends on the groom’s profession/social standing and is
often perceived as the groom’s family as the compensation of efforts they have
made to educate their boy. In a more subtle perspective, one may define this
custom as the unquestioned idea that the girl’s family is inferior in standing
with the boy’s family, no matter what her qualities are. Thus they need to be
on their best behavior and offer lavish “gifts” to please the boy’s family.
This ideal is so ingrained in the psyche of a large number of Indians, they
either practically ruin themselves financially in order to pay for the
appropriate price of the chosen groom, or make a bid to eradicate the prospect
of this financial burden by selective gender-biased abortion or female
infanticide. This exploitative system that has turned the custom of giving
gifts and well wishes into a compulsory demand for money, respect and
subjugation, is the one of the major contributing factors hindering the growth
of the Indian society where being a woman is still viewed synonymous to being a
burden. The Dowry Prohibition Act of 1961,
prohibits the request, payment or acceptance of a dowry, "as consideration
for the marriage", and dowry here is defined as a gift demanded or given
as "a pre-condition for a marriage".
"The existing law has certain loopholes and needs to be made stricter. Despite the amendments made to the Dowry Act in 1983, good results are still desired to be achieved," [1]
"The existing law has certain loopholes and needs to be made stricter. Despite the amendments made to the Dowry Act in 1983, good results are still desired to be achieved," [1]
"We need quick conviction in such cases. Our judicial
procedure has become very slow. Police does not record a case at initial
stage,"[2]
[1] Ms Nalwa said.- https://www.ndtv.com/india-news/in-india-a-woman-dies-every-hour-due-to-dowry-related-problems-report-533263.
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| CHAPTER TWO |
CHAPTER 2:
DOWRIES ARE ILLEGAL IN INDIA
2.1 Dowry & dowry
death in India
Dowry deaths are deaths of women who are murdered or driven to suicide by continuous harassment and torture by husbands
and in-laws in an effort to extort an increased dowry. Dowry death
is considered one of the many categories of violence
against women, alongside rape, bride burning, eve teasing, and acid throwing. Most dowry deaths occur when the young woman, unable
to bear the harassment and torture, commits suicide. Most of these suicides are
by hanging, poisoning or by fire. Sometimes the woman is killed by setting her
on fire by her husband or in-laws; this is known as "bride burning", and sometimes disguised as suicide or
accident. Death by burning of Indian women has been more frequently attributed
to dowry conflicts. In dowry deaths, the groom's family is the perpetrator
of murder or suicide. Most dowry deaths occur when the young woman, unable to
bear the harassment and torture, commits suicide. Most of these suicides are by
hanging, poisoning or by fire. Sometimes the woman is killed by setting her on
fire by her husband or in-laws; this is known as "bride burning", and sometimes disguised as suicide or
accident. Death by burning of Indian women has been more frequently attributed
to dowry conflicts. In dowry deaths, the groom's family is the perpetrator
of murder or suicide.
2.2 Who gets dowry?
& what is dowry harassment?
Dowry
is payment made in cash or kind to a bride’s in- laws at the time of her
marriage. The amount depends on a large number of factors, including region,
religion, caste and sub caste, groom’s education, bride’s skin tone, and the
negotiation skills of both the families involved. Even though dowry has been
illegal in India since 1961, it is still prevalent. Actual numbers are not
known.
2.3 How is dowry
different from accepting expensive gifts from in-laws?
A dowry is
demanded & Gifts are not demanded.
Some
greedy groom's parents, knowing that dowry is illegal may drop subtle hints
that they don't want a dowry but don't mind any voluntary gifts that the girl’s
parents may willingly give to their daughter at the time of marriage. The line
that separates dowry from a gift is a thin grey line. I feel the just like dowry, wedding gifts should also be forbidden. Most
of the times, dowry is given under the disguise of wedding gifts. Weddings have
become a pomp show where people invariably go to see how much cash is being
shelled out. And some people demonstrate it as well. Therefor Gifts given without a precondition
are not considered dowry, and are legal
In my entire life as yet, I have seen only two weddings in
which the groom’s side clearly refused for gifts, even something as small as a
saree. Instead, they said, whatever you want to give, give it to your daughter.
2.4 Dowry Prohibition
Act 1961 & Penalties.
The Dowry Prohibition Act of 1961 prohibits the request, payment or
acceptance of a dowry, "as consideration for the marriage", where
"dowry" is defined as a gift demanded or given as a precondition for
a marriage. It extends to the whole of India except the State of Jammu &
Kashmir and it shall come into force on such date as the Central Government
may, by notification in the Official Gazette appoint. It came into force on
1-711961 vied S.O.1410, dated 20-6-196.
If any person, after the commencement of this Act, gives or takes or
abets the giving or taking of dowry, he shall be punishable with imprisonment
for a term which shall not be less than five years, and fine which shall not
less than fifteen thousand rupees or the amount of the value of such dowry,
whichever is more and Penalty for demanding dowry therefor if any person
demands, directly or indirectly from the parents or other relatives or guardian
of a bride or bridegroom, as the case may be any dowry, he shall be punishable
with imprisonment for a term which shall not be less than six months, but which
may extend to two years and with fine
which may extend to ten thousand rupees, Provided that the Court may, for a
adequate and special reason to be mentioned in the judgment, impose a sentence
of imprisonment for a term of less than six months. If any person offers through any advertisement in any newspaper,
periodical, journal or through any other media, any share in his property or of
any money or both as a share in any business or other interest as consideration
for the marriage of his son or daughter or any other relatives. Prints or
published or circulates any advertisement referred to in clause (a), he
shall be punishable with imprisonment for a term which shall not be less than
six months, but which may extend to five years, or with fine which may extend
to fifteen thousand rupees. Provided that
the Court may, for adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a term of less than six months.
Cognizance
of the offence -
(1) notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(a) No
court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the first class shall try any offence under this Act.
(b)
No court shall take cognizance of an offence under this Act except upon-
(i)
Its own knowledge or a police report of the facts which constitute such
offence, or
(ii)
A complaint by the person aggrieved by the offence or a parent or other
relative of such person, or by nay recognized welfare institution or
organisation.
(c)
It shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of
the first class to pass any sentence authorized by this Act on any person convicted
of an offence under this Act.
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| CHAPTER THREE |
CHAPTER 3:
DETAILS STUDY OF THE CASE OF
THE “ DOWRY DEATH” REGISTERED WITH THE LOCAL THANA IN A YEAR
3.1 The first day of my
visit to Siliguri Thana
I
visited Siliguri Thana with my request letter for survey of “Dowry Death” and
met to ABC Bhutia on 25/03/2018 and the respected official gave me the
receiving copy of my letter and asked me to come on the next day for discussion
& few more days for details study.
3.2 The second day of
my visit to Siliguri Thana
On
26/03/2018 about 11:00 am I met with the respected official who fully
cooperated with me and gave me answer of all my questions regarding my field
research on “Dowry Death”. He told me what is dowry? What is dowry death? Who
gets dowry? Penalties for dowry? & etc which are discussed above.
3.3 The third day of my
visit to Siliguri Thana
The
third day the Police officer discussed about various cases regarding Dowry and
dowry death which was registered in there police station in the year 2016 which
is discussed below:-
(1)
FIR NO – 000/16, DATE – 15/06/2016,
P.S –ABC DIST – ABC, ACT IPC ,SECTION – 498 A
Section - 498 a - Husband or relative of husband of a woman subjecting her to
cruelty. Whoever being the husband or the relative of the husband of a woman,
subjects her to cruelty shall be punished with imprisonment for a term, which
may extend to three years and shall also be liable to a fine
Fact - The
victim Rupa Das made FIR to the Siliguri P.S That 13th July 2006 of Ward No 20
Abcspally, ABC was married to Sri Pintu Das the son of late Nilkamal Das.
After one year of their marriage Srimati Rupa Das gave birth to a male child. The complainant Srimati Rupa Das stated that
his husband is a driver who tortured her for long two years which increases day
by day, he used to torture her while in a drunken state everyday night and
lastly she came to her father home and Sri Pintu Das not used to give any
maintenance. And the said Pintu Das is maintain side by side illicit
relationship with other women and that particular women started giving threat to the said Rupa Das that she
will be killed by her.
At
present the said i.e. the victim Rupa Das started working to maintain herself
& her son and the culprit Pintu Das (Husband) sometimes keeps continuing
physical assault to her near a market (the place where Rupa Das started working at a shop). As because
she (Rupa Das) felt danger for her & her son and may be kidnapped by them
she (Rupa Das) lodged F.I.R in the ABC Police Station.
Issues – (1) whether
the police can arrest the woman with whom Pintu Das maintaining illicit
relationship or for adultery?
(2).
whether the victim (Rupa Das) can be given any kind of protection as her &
her son’s life was threatened?
Ratio– The
court gave the decree statute with the laudable
object of punishing cruelty for the severe crime & extramarital
relationship that is considered objectionable on social, religious, moral,
or legal grounds. Similarly, under the adultery law in India (Section 497 of the Indian Penal Code) it is a
criminal offense for a man and women.
Judgment– The
court punished the culprit with the imprisonment of 3 years & fines both as it was held that ‘cruelty’ which was there for harassment of the victim with a view to
coerce her was very much severe.
(2)
FIR NO – 000/16, DATE – 11/06/2016,
P.S – ABC, DIST – ABC, ACT IPC ,SECTION – 498 A / 304 B
Section – 304 B - (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 shown that soon before her death she was subjected to cruelty or harassment
by her husband or any relative of her husband for, or in connection with, any
demand for dowry, such death shall be called “dowry death”, and such husband or
relative shall be deemed to have caused her death. Explanation.—For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961 (28 of 1961).
(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.
Fact – The
complainant was the mother Smt. Lalita Debi Sahani of victim Sony Shani.
The mother of the victim Smt. Lalita
Debi Sahani stated in the complain that her daughter Smt Sony Sahani was got
married under the Hindu Marriage Act with Sri Chandan Sahani, S/O Sri Laksmi
Sahani of Ward No -05, but since after her daughters marriage her (victim)
husband & her elder brothers namely Sri Shankar Sahani & his wife
Smt.Ranju Sahani started mentally & physically torturing the victim for the
demand of the dowry & the she was not maintained by her husband properly.
After the said wed- lock a male child was born who is 9 years old now but
victim’s husband didn’t maintained their son too.
On
date 09/06/2016 at about 7:30 PM when
the victim Mrs. Sony Sahani demanded money from her husband Sri Chandan Sahani
for family expenses then and therefor the said husband got angry and said that
he will not give any maintenance and ask to her (victim) money from her parents
and started torturing her (victim after that suddenly the elder brother of Sri
Chandan Sahani (Shankar Sahani),S/O Smt Laksmi Sahani& his wife Smt.Ranju
Sahani and Sri Chandan Sahani poured Kerosene oil on the body of Smt. Sony
Sahani flamed her (Smt. Sony Sahani) and let her burn for these reason the victim started shouting & screaming,
for these reason her body got several burn. The people of the locality entered
in to the said house where the incident occurred and then and there they took Smt.
Sony Sahani (victim) to the B.B.M & Hospital and admitted there in serious
condition.
On
dated 10/06/2016 on about 03:00 PM in the evening the victim was declared death
by the concerned Medical Officer of the ABC Medical College.
Issues – (1) Whether the omnibus (Providing for many things at once)
allegations against all relatives of the husband cannot be taken at face value
when in normal course it may only be the husband or at best his relatives who
may be accused of demanding dowry or causing cruelty.
Ratio– The Bench also directed that cases under 498A should only be
investigated by designated Investigating Officers of that area. It has also
been left open to District and Sessions judges to dispose of criminal
proceedings should the parties arrive at a settlement. Judges will also have
the power to club all matrimonial disputes related to the parties so that 'a
holistic view is taken.
Judgment– The punishment for causing dowry death is imprisonment for a term which
was given is imprisonment for life.
Because it was observed that while an ordinary murder can be punished by
a death sentence under Section 302 IPC, a dowry death, which is a much worse
offence, has a maximum punishment of life imprisonment.
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| CHAPTER FOUR |
CHAPTER 4:
SURVEY REPORT
SURVEY REPORT
While doing
this project I visited Siliguri Police Station, whose total jurisdiction area
is 10.75 Sq k.m. And
there I surveyed in around 10 houses so that I could receive a clearer view
about what our society thinks about the evil dowry system which affects our
society and level of awareness that the poor and rural people in that area
carry in relation to dowry system. After conducting the survey the things that
I have observed are laid down below:
-
- Firstly, after starting my survey I observed that the people of that area have an average standard of living & they are mostly daily wage earners. Almost all the families have more than 4 members that may also reach up to 12, with only one or maximum 2 earning members in the family which makes their lives all the more difficult.
- Secondly, few people told that "Dahej i.e. Dowry is common in our side, if we will not take then what other people say, our family honor decrease. "Which is really a matter of concern for the society.
- Thirdly, one of the most good thing
which I heard from the most of the people that "this is the
responsibility of every individual that avoid this evil, promise to
yourself that you will never practice this & please raise your voice
against this evil".
- Fourthly, I also got an idea about
the problems that these people face due to lack of awareness &
orthodox mentality.
- Fifthly, the clear concept &
surveying gave a knowledge that where are loopholes in our society &
the Act due to which this Dowry System is still now enjoying a thrown
wearing a Evil Crown & I have also seen that day by various crimes
against women are increasing which I referred. (Refer Annexure 1), (Refer
Annexure 2), (Refer Annexure 3).
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| CHAPTER FIVE |
CHAPTER 5:
SUGGESTIONS & CONCLUSION
Since independence many laws were enacted to do away with the
dowry system and wasteful expenditure. Some ask for dowry in the name of status
and one can see marriage happening with such an extravagant expenditure that
with the same cost at least 100 to 500 marriages could have been arranged.
Boys, however educated may be expect there in laws to provide costly gifts to
the couple. Can't the Government fix the minimum or maximum number of gifts
provided by the either side while registering marriage with the registrar of
marriages to check the dowry on the one end and blackmailing by the Girl's
parent socially and legally to compensate them with huge amount in spite of the
fact that they did not spend even a single pie. List of Gifts need to be filed
along with original bills and proofs so as to avoid materialistic dispute
arising at a later stage and Girl's parents taking undue advantage of the dowry
act.
Yes undoubtedly
dowry system has becoming as an status symbol among public and it is very
unfortunate to say they even educated people also feeling it as proud for
taking dowry. Even though Indian law states that dowry system is punishable
under law still we have public involved in dowry giving and taking. We have
been witnessing plenty of deaths and assaults of women for dowry but no justice
is for the victims. I strongly feel that dowry system has been increasing and
educated ones both men and women should bring awareness about the evils of
dowry system and need to eradicate this evil from Indian society. An act should
be introduced by government, both who gives dowry and takes dowry are equally
punishable, then only we will witness decrease in dowry problem.
