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DOWRY (DAHEJ): CURSE FOR WOMEN & SOCIETY & LACUNAS IN INDIAN LEGAL SYSTEM

INTRODUCTION:

“There is no chance for the welfare of the world unless the condition of women is improved. It is not possible for a bird to fly on one wing.” - P. R. Sarkar

Marriage in India is drowned in traditions and deep-rooted cultural belief practices are passed down by word of mouth and in some case, with the changing times. Still, there is a practice that resists changing the dowry system in India, its foundation dates back to the medieval period when cash or in-kind gifts were given to a bride by her family to bridegroom family to maintain her independence after marriage. At the time of the colonial period, it became the only legal way to marry, making the dowry practice compulsory by the British. In present-day India, with its growing economy, it is now encouraging higher bride prices among all socioeconomic sectors. But increasing in bride price has brought with it an increase in violence against women. Dowry violence is usually committed by husbands or in-laws to take high dowry from the bride's family. The value of dowry given at the time of marriage can be significant, but the thirst of husband and in-laws may increase after marriage which leads dowry violence and death also in thirst of money Husband and in-laws commit several offences related to dowry that is Cruelty, domestic violence, dowry death. At present dowry has become a segment of wedding ceremonies. If we say anything which is common among uneducated or educated people is that is dowry because both educated and uneducated people are also involved in these evil practices. Dowry is the path of many evils. There is no religious anxiety with this practice, but most people in society happily adopt it. Dowry is a big stain and curse for Indian society.


A Curse for Woman and Society

Dowry is big stain and curse for our society this evil practices make conditions of women miserable this system is not new for us it was present in Buddha and Mahavir era also there was no compulsion in those days. Every day we listen to cases of dowry death for not bringing dowry to husband one women killed in every one hour in India. Due to dowry, a sacred relation becomes a business deal between two parties. There were 4668 dowry murders in the country in the year 1995, which increased the figures 6787 in the year 2005 and further increased to 7634 in 2015. According to recent figures 3, 72,706 pending cases, in 3, 17,000 cases result likely to an acquittal. In India total 21 dowry death cases reported every day the conviction rate is only 34.7% rest of the cases are pending in courts if we look at data of the last five years, total 715 cases of dowry deaths have been reported in the New Delhi and the crime rate is increasing with each passing year. For dowry, women are harassed, murdered, or forced to commit suicide in India because society values the lives of women around the amount of money and gold they bring at the time of marriage in form of dowry. The National Crime Bureau of India recently recorded around 7000 dowry deaths by 2017. Not more than 16 days after 2020, India's Silicon Valley Bengaluru reported 17 cases of abuses and deaths of women for dowry as stated in The New Indian Express. By seeing the statistics, the pictures showed clearly that the dowry system how problematic and how it affects the lives of women and society it becomes a curse for both society and women’s.


Legal Remedies and Judicial Pronouncement

The legal remedies provided to the victim for protecting them from such evil practices which spread in the society which happily accepted by society.


The Dowry prohibition act, 1961

Section 3 of the Dowry Prohibition Act states that any person, who takes or gives or encourage for the giving or taking of dowry, is liable to be punished with a minimum imprisonment of 5 years and a minimum fine of Rs 15,000 / - or the amount of price of such dowry, whichever is higher.

“In case of Sanjay Kumar Jain v. State of Delhi, it was said that “The dowry system is a big slur and curse on our society, democracy and the country. It is incomprehensible how such unfortunate and condemnable instances of dowry deaths are frequently occurring in our society. All efforts must be made to combat and curb the increasing menace of dowry death. The legislature was seriously worried about this unfortunate reality of our society and the Dowry Prohibition Act, 1961 was enacted to curb and combat the increasing menace of dowry deaths.”


Indian Penal Code, 1860

Section 304-B- it defines dowry death mean that women died due to burn off by bodily injury or under unnatural situation within 7yrs of her marriage and it shown she brutally tortured by her husband and relatives for dowry they will be punished for term seven yrs. or life imprisonment.


C.R.P.C 1973

Section 174 and 176 deals with the investigation and enquiries related to the causes of unnatural deaths by police and magistrate respectively. The 1983 Amendment Act makes it compulsory for the police to send the body for post-mortem if the woman has died within seven years of marriage matter of suicide or any dubious matter. It also empowers an executive magistrate to investigate the death of a woman under similar circumstances.


Indian Evidence Act, 1872

In relation to the burden of proof in dowry death, a new provision, section 113B, has been made, according to which the court has to consider that dowry death caused by the person who is shown to have subjected the woman to cruelty or harassment soon before her death.


Judicial Pronouncement

Usually, on many time the Supreme Court expressed anguished and shocking thoughts about the deaths of young brides.

“In Virbhan Singh v. State of U.P Apex Court said in view of increasing deaths of brides, such dastardly crimes whenever detected and proved then ruthless action and deterrent punishment must be imposed. The Supreme Court worries about the acquittal of some of the alleged convicts but the state cannot move to the Supreme Court in appeal.”

“In Samunder Singh v. State of Rajasthan, the court opined that anticipatory bail cannot be given in cases of bride burning and dowry deaths. Some dissatisfaction happened at a trial level only by the certain beliefs of courts such as a person with 100% burn not fit for the dying declaration. If some other case has not been reported on behalf of the victim of harassment, which makes a lacuna in the Indian legal system”

“In Rameshwer Das V. State of Punjab, 2019, in this case, SC held that pregnant women, the woman would not commit suicide unless the relationship with her husband comes to such a passed that she would be compelled to do so, accused is liable to be convicted on the failure to prove his defence.”


LACUNAS IN INDIAN LEGAL SYSTEM

Once again the prosperous Indian legal system has failed to make any commendable repairs in the unfortunate situation in which dowry victims are kept. The reason behind the failure of the Indian legal system is indistinct legal language, non-enforcement of existing laws, and delay in execution.

The language of the statute is also too indistinct to effectively stop the practice of soliciting or giving dowry. This is really a problem with inclusiveness. As originally believed by the courts, dowry consisted only of money and property given at the time of the wedding. As a result, the Act did not prohibit gifts sought after marriage.

Uniformly at fault in the ongoing issue of dowry death is the criminal laws were not enforced by police and prosecutors. Albeit the Ministry of Home Affairs issued a certain guideline to the police officer to how they investigate cases of dowry death but hardly ever follow these guidelines and fail to investigate properly. Often police register cases of dowry death police dismiss these and reported as a family dispute or register as kitchen accident. There are less than 10% of cases are investigated by police clearly. Even when it was examined it was incomplete.

The contribution of the judiciary is also very disappointing in dowry related prosecution the complaints of dowry cases take one year before to court agree to hear the priority of court in such cases is low and sometimes it does not take some important evidence on the technical ground like a suicide note, dying declaration. The slowness of judiciary is also a reason for increasing of such crimes. The dowry related cases increase year by year, and the reason behind that is conviction rate is very low, the parties tired from legal procedure. 90% cases the victim compromise because they want to get out from the long legal procedure. Finding made by Center for Social Research (CSR) about 50 million married women in India victim of domestic abuse and only 0.1% (1 in 1000) cases are reported.


Conclusion

Dowry killing is a social curse which is a fiery issue in Indian society. An organized approach by women welfare organizations, police, public servants and judiciary by applying deterrent punishment for dowry deaths culprit. It can be seen that the Indian judiciary, as well as the Government of India, formulate and further provide cooperative and supportive legislation to protect the life interest and honour of women and provide justice to the victim of harassment or cruelty done by husband and his relatives. In cases to reduce the rate of dowry deaths, harassment or cruelty more female police personnel should be included in the police so available in a situation relating to unnatural deaths of women. In the well-being of appropriate investigation and justice, the investigation cannot be done below the post of assistant commissioner. The Punishment for abetment of suicide should be increased up to seven years. To be effective, anti-dowry legislation must ensure that the social utility provided by the dowry system is displaced exercises that are less problematic, and that the obvious reasons for the practice should be attacked. Doing so would mean an attempt to eradicate the social evils generated by the dowry. To stop the dowry death in society the government should start educational camp it is need of an hour and the proper cleaning and filtration of the mentality of society should do.


The author of this post is Gaurav Kumar Yadav (a student at Faculty of Law, Integral University, Lucknow) and Rajshree S. Kabra (a student at Dr. Baba Saheb Ambedkar College of Law, Main branch, Nagpur)

The views expressed in this article belong to the author/s and do not necessarily reflect those of the JCLJBlog. We welcome comments and contributions to this blog – please comment below.


#dowry #dahej #women #marriage

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