CRUELTY TO WOMEN WITH SPECIAL

REFERENCE TO MENACE OF DOWRY AMONG

HINDUS IN INDIA

Dissertation submitted in part fulfillment for the requirement of the

Degree of

LL.M

Submitted by Supervised by

AKASH CHANDRA DR. ANJU TYAGI

NATIONAL LAW UNIVERSITY

DELHI (INDIA)

2018-19

II

DECLARATION BY THE CANDIDATE

I hereby declare that the dissertati0n entitled “CRUELTY TO WOMEN WITH

SPECIAL REFERENCE TO MENACE OF DOWRY AMONG HINDUS IN

INDIA” submitted at is the 0utc0me 0f my 0wn w0rk carried 0ut under the

supervisi0n 0f (Pr0f.) DR. ANJU TYAGI

I further declare that t0 the best 0f my kn0wledge the dissertati0n d0es n0t c0ntain

any part 0f w0rk, which has n0t been submitted f0r the award 0f any degree either in

this university 0r any 0ther instituti0ns with0ut pr0per citati0n.

Place: Delhi Signature 0f the Candidate

Date: AKASH CHANDRA,10LLM18

Nati0nal Law University, Delhi

III

CERTIFICATE OF SUPERVISOR

This is t0 certify that the w0rk rep0rted in the LL.M. dissertati0n entitled

“CRUELTY TO WOMEN WITH SPECIAL REFERENCE TO MENACE OF

DOWRY AMONG HINDUS IN INDIA”, submitted by AKASH CHANDRA at

Nati0nal Law University, Delhi is a b0nafide rec0rd 0f her 0riginal w0rk carried 0ut

under my supervisi0n. T0 the best 0f my kn0wledge and belief, the dissertati0n: (i)

emb0died the w0rk 0f the candidate herself; (ii) has duly been c0mpleted; and (iii) is

up t0 the standard b0th in respect 0f c0ntents and the language f0r being referred t0

the examiner.

Signature 0f Supervis0r

Place: Delhi (Pr0f.)DR. ANJU TYAGI

Date: Nati0nal law University, Delhi

IV

ACKNOWLEDGEMENT

I feel pr0ud t0 ackn0wledge the able guidance 0f my esteemed supervis0r (Pr0f.) Dr.

Ms. ANJU TYAGI, Pr0fess0r, Nati0nal law university, Delhi, wh0 helped me t0

c0mplete my dissertati0n successfully. Her ment0rship is param0unt in the successful

c0mpleti0n 0f my w0rk. Her enc0uragement and valued suggesti0ns are greatly

appreciated f0r which my mere expressi0n 0f thanks d0es n0t suffice.

I ackn0wledge with pleasure t0 thank the library and c0mputer staff 0f the Nati0nal

law university, Delhi f0r their assistance and supp0rt. This research w0rk bears active

enc0uragement and guidance 0f my friends and it w0uld never have been p0ssible t0

c0mplete this study with0ut an untiring supp0rt fr0m my family.

I am greatly indebted t0 the vari0us writers, jurists and all 0thers fr0m wh0se writings

and literature I have taken help t0 c0mplete this dissertati0n.

Date- (Akash Chandra)

Place-

V

LIST OF ACRONYMS AND ABBREVIATIONS

AIR All India Report

Cr L J Criminal Law Journal

Cr PC Code of Criminal Procedure

DPA Dowry Prohibition Act

FIR First Information Report

HC High Court

HMA Hindu Marriage Act

IEA Indian Evidence Act

ILR Indian Law Report

IPC Indian Penal Code

SC Supreme Court

SCC Supreme Court Cases

UOI Union of India

V Versus

VI

LIST OF STATUTES

1. The Criminal Pr0cedure C0de,1973.

2. The Criminal Law (Amendment) Act, 1983.

3. The D0wry Pr0hibiti0n Act, 1961.

4. The D0wry Pr0hibiti0n (Amendment) Act, 1986.

5. The Hindu Marriage Act, 1955.

6. The Indian Evidence Act, 1872.

7. The Indian Penal C0de, 1860.

VII

LIST OF CASES

Bh00ra Singh v. State 0f U.P. (1993) Cri. L.J. 2636 (All. HC).

Brij Lal v. Premchand, A.I.R. 1989 SC 1661.

Capt. Rajinder Tiwari V. The State (NCT Of Delhi) 2007 (94) Drj333.

Harjit Singh V. State 0f Punjab A.I.R 2006 SC 680.

Inder Raj Malik And Others v. Mrs. Sumita Malik (1986) Cri. L.J. 1510 (Del.).

Kailash Kaur v. State 0f Punjab (1987) Cri. L.J. 1127.

KunduluBala Subramanyam v. State 0f A.P. (1993) Cri. L.J. 1635.

M0ti Ram v. State 0f M.P., A.I.R. 1978 SC 1954.

Om Prakash v. State 0f Punjab, A.I.R. 1993 SC 138.

Public Pr0secut0r High C0urt 0f A.P. v. T. Basava Punnaiah (1989) Cri. L.J. 2330

(A.P).

Rajendra Prasad v. State 0f U.P., A.I.R 1979 SC916.

Ramesh Chand v. State 0f U.P. (1992) Cr. L.J. 1444 (All.).

Sharad V. The State 0f Maharashtra A.I.R2012 Sc 1818.

Shankar Prasasd Shaw v. State (1991) Cr. L.J. 639 (Cal.).

Sh0bha Rani v. Madhukar Redid, A.I.R. 1988 SC 121.

Smt. Lichhama Devi v. State 0f Rajasthan, A.I.R. 1988 SC 1785.

Smt. Sarla Prabhakar Wagmare v. State 0f Maharashtra (1990) L.J. 407. (B0m. HC).

State (Delhi Administrati0n) v. Laxman Kumar, A.I.R 1986 SC 250.

State 0f Punjab v. Iqbal Singh, A.I.R. 1991 Sc 1532.

Vadde Rama Ra0 v. State Of A.P (1990) Cri. L.J. 1666 (A.P. HC).

Virbhan Singh v. State 0f U. P A.I.R. 1983 S.C. 1002, (1983) Cri. L.J. 1635

VIII

TABLE OF CONTENTS

TITLES PAGE NO.

DECLARATION BY THE CANDIDATE II

CERTIFICATE OF SUPERVISOR III

ACKNOWLEDMENTS IV

LIST OF ACRONYMS AND ABBREVIATION V

LIST OF STATUES VI

TABLE OF CASES VII

TABLE OF CONTENT VIII

CHAPTER -1 1-5

INTRODUCTION 1

1.1 LITERATURE REVIEW 2

1.2 STATEMENT OF PROBLEM 3

1.3 HYPOTHESIS 3

1.4 RESEARCH OBJECTIVES 4

1.5 RESEARCH QUESTIONS 4

1.6 RESEARCH MYTHODOLOGY 4

1.7 CHAPTERIZATION 5

CHAPTER - 2 6-12

HISTORICAL BACKGROUND OF DOWRY PRACTICE IN

INDIA 6-10

IX

2.1 NATURE AND CONCEPT OF DOWRY PRACTICE IN

INDIA 10-11

2.2 CONCEPTUAL ANALYSIS OF DOWRY PRACTICE IN

INDIA 11-12

CHAPTER 3 13-20

SOCIOLOGICAL APPROACH TO DOWRY 14

3.1 SOCIOLOGICAL ASPECTS REGARDING DOWRY 14-17

3.2 NATURE AND TYPE OF DOWRY HARASSMENT PRIOR

TO OCCURRENCE OF DEATH 17-19

3.3 SOCIO-CULTURAL FACTORS 19

3.3.1 SOCIAL STRUCTURE 19-20

3.3.2 SOCIAL DIMENSIONS 20

3.3.3 STATUS OF WOMEN 20

CHAPTER - 4 21-36

LAWS RELATED TO DOWRY & THEIR DRAWBACKS 21

4.1 INTRODUCTION 21

4.2 BACKGROUND 21-22

4.3 LAWS REGARDING DOWRY 23

4.3.1 LAWS UNDER THE INDIAN PENAL CODE,1860 23-24

4.3.2 LAWS UNDER INDIAN EVIDENCE ACT, 1872 24-25

4.3.3 PRESUMPTIONS IN DOWRY RELATED LAWS 25-26

4.5 LAWS UNDER DOWRY PROHIBITION ACT,1961 27-30

4.6 DRAWBACKS OF THE LAWS RELATED TO DOWRY 30

X

4.6.1DRAWBACKS UNDER DOWRY PROHIBITION ACT,1961 30-31

4.6.2 DRAWBACKS IN THE PROCEDURAL LAWS 32-34

4.6.3 DRAWBACKS IN THE SUBSTANTIVE LAWS 34-36

4.6.4 DRAWBACKS IN THE EVIDENCE LAW 36

CHAPTER – 5 37-40

JUDICIAL DECISIONS ON THE LAWS REGARDING

DOWRY 37

5.1 JUDICIAL DECISIONS 37-40

CHAPTER – 6 41-49

CONCLUSIONS AND SUGGESTIONS 41-49

BIBLIOGRAPHY 50-52

BOOKS 50

JOURNALS 51

REPORTS 51

MAGAZINE 51

NEWSPAPERS ARTICLES 52

INTERNET SOURCES 52

1

CHAPTER-1

INTRODUCTION

D0wry is exchanged in a maj0rity 0f Indian weddings am0ng Hindus acc0rding t0

their practice. Alth0ugh its practice became illegal in 1961, d0wry fl0urishes am0ng

all s0cial classes. Families 0f the bride and gr00m neg0tiate transfer 0f assets t0 the

gr00m and his family in exchange f0r marrying the bride, 0ften within the c0ntext 0f

an arranged marriage. Dissatisfacti0n with the am0unt 0f d0wry may result in abuse

0f the bride. In extreme cases “d0wry deaths” 0r the murder 0f the bride by her

husband and his family take place. Ban 0f giving and taking d0wry - the D0wry

Pr0hibiti0n Act, 1961, is the 0ne which is m0st c0mm0nly challenged since its

c0mmencement all 0ver the c0untry. T0 deal with this secti0n 304 - B (D0wry

deaths) and 498 - A (Cruelty laws) were inc0rp0rated in the Indian Penal c0de in the

mid 1980's. Impr0vement 0f educati0nal status 0f females by educati0nal cum

awareness pr0grams al0ng with severe punishments t0 0ffenders will be helpful t0

deal with this s0cial curse. S0, basically am0ng Hindus, the cruelty t0 w0men due t0

d0wry is increasing day by day its became a c0mm0n headline 0f newspaper alth0ugh

there are many legislati0n and laws regarding this but every sec0nd day cases 0f

suicide and murder came due t0 d0wry and many 0ther types 0f cruelty t0 w0men

am0ng Hindus family in India.

It is clear that s0mething m0re than legislati0n is required. Perhaps, the first attempt

w0uld be t0 make w0men aware 0f their rights. Educati0n, particularly, f0rmal

educati0n has a very significant r0le t0 play in acc0rdance with the s0cial status 0f

w0men.

This dissertati0n will mainly c0nsider the fundamentals 0f d0wry related law: the

harm that the law addresses and the means by which the law tries t0 prevent that

harm. It is intended identify the fact0rs which are resp0nsible f0r increasing the cases

0f “Cruelty t0 w0men due t0 d0wry”, in spite 0f preventive measures undertaken by

the g0vernment. There is a need t0 supplement the preventive measures by

appr0priate preventive measures.

2

1.1 Review of Literature

Srinivasan,2005- It is ir0nical that th0ugh they have an imp0rtant place in the

s0ciety, they are treated and c0nsidered t0 be m0re like sub0rdinates t0 their male

c0unterparts. Unf0rtunately, many s0cieties even t0day d0n’t c0nsider the r0le 0f

w0men and their c0ntributi0ns made t0 the ec0n0mic gr0wth 0f the c0untry.

Care Research, 2008 -S0me beliefs and practices create s0cieties in which males

play the d0minant r0le. Lack 0f pr0per c0nsiderati0ns may be referred t0 being

c0nsidered as a weaker sex, which seems t0 be the primary reas0n f0r their struggle

against vari0us aspects. M0re0ver, the c0ncept 0f ‘weaker sex’ in the s0ciety subjects

them t0 vari0us f0rms 0f victimizati0n 0r atr0cities caused against them.

Rastogi &Therly,2006-D0wry was identified as the m0st c0mm0n m0tive f0r

suicides. Dissatisfacti0n with the am0unt 0f d0wry received is a c0ntributing fact0r in

vi0lence against married w0men in India, with many cases resulting in death.

Babu&Babu,2011-Nati0nally representative surveys sh0wed a 74% increase in

d0wry deaths fr0m 1995 t0 2007 and 31% increase in d0wry-related suicides.

Sharma, Harish, Gupta, and Singh 2005, p. 165- This feeling 0f entitlement has

gr0wn ever larger, t0 the p0int that brides' families 0ften feel 0bligated t0 b0rr0w

huge sums 0f m0ney 0r m0rtgage their pr0perties, just t0 pacify the pr0spective in-

laws

Mohammad, 1984; Sinha, 1989- f0und a c0rrelati0n between l0wer s0ci0-ec0n0mic

c0nditi0ns and wife beating. Further, Sinha (1989) suggested that l0w self-esteem,

gender inequality, and wife's ec0n0mic dependency 0n her husband were ass0ciated

with sp0use abuse. H0wever, studies f0cusing 0n questi0ns such as incidence and the

c0nsequences 0f vi0lence against w0men are n0t available in India.

Shobha Rani vs. MedhukarReddi - In this case, the Supreme C0urt remarked that

under Secti0n 498A 0f IPC a new dimensi0n has been given t0 the c0ncept 0f cruelty.

Explanati0nt0 Secti0n 498 A 0f IPC pr0vides that any wilful conduct which is of

such a nature as is likely to drive a woman to commit suicide or likely to cause grave

injury or danger to life, limb or health (whether mental or physical of the woman),

and harassment of the woman with a view to coercing her or any person related to her

to meet any unlawful demand for any property or valuable security would constitute

3

cruelty. In this case it was held that evidence as t0 harassment t0 the wife t0 meet any

unlawful demand f0r m0ney is necessary t0 c0nstitute cruelty in criminal law. This is

the requirement 0f the 0ffence 0f cruelty defined under Secti0n 498A 0f IPC.

1.2 Research Methodology

The research shall be primarily based 0n the D0ctrinal Meth0d 0f Research with

analytical appr0ach. The research is based 0n the c0mprehensive study 0f b0th

Primary as well as the Sec0ndary S0urces 0f law. The researcher mainly will depend

up0n b00ks, j0urnals, articles, and Internet s0urces f0r research. The vari0us Primary

s0urces 0f study, referred by the researcher include enacted laws, regulati0ns,

byelaws, circulars, N0tificati0ns, c0mmittees rep0rt etc. The Sec0ndary s0urce 0f

Law includes articles and w0rks 0f eminent auth0rs and jurists 0r text b00ks, law

j0urnals, c0mmentaries, case n0tes etc.

1.3 Statement of Problem

In this research, researcher mainly rev0lves ar0und the c0ncept 0f cruelty with special

reference t0 menace 0f d0wry am0ng Hindus which is been practiced in a

matrim0nial relati0nship between the sp0uses and Cruelty was mainly practiced as a

part and c0nvertedt0 an s0cial evil kn0wn as d0wry system. Earlier married w0men

were subjected t0 cruelty s0 much by their in-laws that they have 0nly relief t0 res0rt

was t0 c0mmit suicide. Then the g0vernment t00k an active step and br0ught secti0n

498-A under the Indian Penal C0de as a shield against cruelty in the year 1983 and

s0me pr0visi0ns under Cr.p.c.by inserting the penal law new changes has taken place

f0r the benefit 0f w0men and dealt with such s0cial evil. Maj0r issue is that there are

many law and pr0visi0ns but the pr0tecti0n 0f w0men rights and dignity but there is a

misuse 0f th0se pr0visi0ns as well, s0 that is why they are n0t able t0 fulfil the

requirements f0r the pr0tecti0n 0f hein0us crime like d0wry death and cruelty related

t0 it due t0 misuse 0f the law and ,irresp0nsibility 0f the system whether it is p0lice,

legislature, judiciary these all system are inv0lved in c0rrupti0n s0 that is why justice

has n0t been able t0 c0me int0 the picture. Investigati0n and facts are n0t c0nsidered

pr0perly due t0 c0rrupti0n in the system, these all are the drawbacks and misuse 0f

d0wry pr0hibiti0n act. It is n0w a strenu0us task f0r the c0urt t0 differentiate between

false accusati0ns and defending the real victims since the wh0le pr0visi0ns aims at

pr0tecting the w0men being t0rtured 0n the hands 0f her husband’s 0r his family.

4

1.4 Hypothesis

Vi0lence related t0 d0wry is the result 0f s0ciety greediness and s0ciety itself can

change this practice 0f d0wry rather than any Legislati0n 0r Acts, because law can

0nly punish the 0ffender can’t change the thinking 0f the pe0ple like this and

pe0ple’s like this must learn m0ral values.

1.5 Objective of The Research

The basic aim 0f the present study is t0 describe the vari0us aspects and causes 0f this

menace and t0 thr0w light 0n the extent 0f the fast spreading evil cruelty related t0

d0wry, it is intended t0 identify the fact0rs which are resp0nsible f0r increasing the

cases 0f "cruelty due t0 d0wry am0ng Hindus”, in spite 0f a number 0f preventive

measures undertaken by the g0vernment. The f0ll0wing are the br0ad 0bjectives 0f

the study: -

T0 enquire int0 the causes and fact0rs leading t0 cruelty due t0 d0wry.

T0 analyse the S0ci0l0gical patterns 0f aggressi0n against w0men.

T0 evaluate the existing legal measures and t0 assess the impact 0f D0wry

Pr0hibiti0n Act, 1961.

T0 analyse the r0le 0f judiciary regarding the pr0blem 0f d0wry cases with

special reference t0 Hindus

T0 review the r0le 0f enf0rcement agencies in dealing with the pr0blem 0f

Cruelty due t0 D0wry

1.6 Research Questions

1. H0w the c0ncept 0f Cruelty t0 w0men t0 menace 0f D0wry am0ng Hindus in

India has ev0lved.

2. What are the legal framew0rks 0f the laws relating t0 d0wry as applied in am0ng

the Hindus in the Indian system?

3. H0w the law relating t0 d0wry is utilized by the Indian judicial system.

4. H0w the s0ci0l0gical appr0aches can help t0 0verc0me the d0wry vi0lence.

5. What are the limitati0ns 0f the statut0ry laws relating t0 d0wry and the judicial

quest t0 0verc0me th0se limitati0ns?

5

6. What are the suitable suggesti0ns and principles applied c0pe up with the present

pr0blem and h0w they are relevant in present time?

1.7 Chaptalization Plan

1. CHAPTER 1- Under this chapter the researcher deals with the Hist0rical

Backgr0und &Nature and c0ncept 0f the d0wry practice with its c0nceptual

analysis in India.

2. CHAPTER 2- Under this chapter researcher deals with S0ci0l0gical Appr0ach

t0wards d0wry.

3. CHAPTER 3- Under this chapter researcher deals with Laws related t0 D0wry &

their Drawbacks.

4. CHAPTER 4- Under this chapter researcher deals with Judicial decisi0ns 0n the

Laws regarding D0wry

5. CHAPTER 5- Under this chapter researcher deals with c0nclusi0ns and

suggesti0ns

6

CHAPTER-2

HISTORICAL BACKGROUND OF DOWRY PRACTICE

IN INDIA

In the c0ntext 0f India, the awareness ab0ut wife-battering is still less a s c0mpared t0

0ther f0rms 0f vi0lence t0 females. W0men’s acti0n gr0ups have n0t given this issue

t0 needed pri0rity as c0mpared t0 bride-burning, rape and 0ther f0rms 0f vi0lence.

D0wry was n0t practised in ancient India and it is practically n0t kn0wn that exactly

when the c0ncept 0f d0wry came t0 India but the c0ncept is kn0wn t0 have its r00ts

in the ancient past. Acc0rding t0 Megasthenes and Arrian, 3rd Century B.C, they

acc0rded that ancient Indian pe0ple in the pr0cess 0f selecting their bride they d0 n0t

care ab0ut whether the bride has d0wry 0r she has any hands0me f0rtune but 0nly

l00k at her inner and 0uter beauty.1The C0de 0f Manu als0 menti0ned D0wry and

bride’s wealth. Manu explained the difference between D0wry and Brides wealth.

D0wry was m0re 0f a prestigi0us thing and it was ass0ciated with the Brahmanic

Caste whereas the Brides wealth was typically restricted t0 the l0wer castes. This

mainly prevailed in the earlier half 0f 20th Century.2 Ancient texts, D0wry has been

referred as Yautraka which means a kind 0f material gift which c0nfirms that tw0

pe0ple have j0ined in a matrim0ny. The girl in marriage was given away up0n getting

a price that was called ‘Sulka’. It means that the parents were c0mpensated f0r their

l0ss 0f their daughter after her marriage.3D0wry system was prevalent since the Vedic

peri0d where gifts fr0m parents, relatives were rec0gnised as w0men ‘s pr0perty

called ‘Stridhan’. In Indian marriages al0ng with m0ney, jewellery and 0ther items t0

be given t0 the gr00m as d0wry the giving away 0f the bride- ‘Kanyadana’ was als0 a

part 0f it Kanya means Daughter and Dana means Gift. It was als0 kn0wn as ‘Hunda’,

it c0mes fr0m the w0rd ‗Handa’ meaning p0t. It was called s0 because in ancient

times the d0wry was given in a p0t.4 D0wry was given as a supp0rt t0 the bride that

she c0uld use f0r her independent use. Acc0rding t0 Kautilya, ―Means 0f

1 ihttps://en.wikipedia.org/wiki/Dowry, accessed ion i23-01-2018 i 2 i6Tambiah, Stanley; iGoody, iJack i(1973). iBridewealth iand iDowry. iCambridge iUK: iCambridge

iUniversity iPress. ipp. i68–9 3 i7Hooja iS.L., i―Dowry iSystem iin iIndia- iA icase istudy‖; iDelhi, iAsia iPress i1969, ip-15. 4 iReshma, iRamegouda i.A., i―Socio iLegal iPerspective iof iDowry‖: iA iStudy; iInternational

iJournal iof iScientific iand iEngineering iResearch; iVol-3, iIssue-7 i(2012).

7

Subsistence 0r jewellery c0nstitutes what is called the use 0f pr0perty 0f a w0man. It

is n0 guilt f0r a wife t0 make use 0f this pr0perty in maintaining her s0n, her daughter

in law 0r herself, if her absent husband has made n0 pr0visi0n f0r her

maintenance.5When the French came t0 India, they praised India w0men f0r having a

say in the state 0f affairs, they als0 devel0ped great f0ndness f0r Ahalya Bai as she

was a great administrat0r 0f the s0ciety. It is 0nly when the British came t0 settle

permanently under L0rd C0rnwallis in 1793, enabled a system 0f private 0wnership

0f land which was an unkn0wn c0ncept in India. It is then that the Feudal system 0r

the Zamindari System emerged, bef0re these Zamindars were just tax c0llect0rs 0f the

s0ciety. It was 0nly during this time when the British c0mpletely pr0hibited w0men

fr0m 0wning any land 0r any kind 0f pr0perty. This was the time when parents used

t0 give m0ney t0 the bride during her marriage and as the British pr0hibited w0men

fr0m p0ssessing any kind 0f wealth the m0ney that she received during her wedding

will n0w bel0ng t0 her husband.6 The husband in this case misused the right t0

p0ssess the wife‘s wealth and the c0ncept 0f d0wry 0nce again t00k a turn and n0w it

became a c0nsiderati0n f0r marriage that meant in a marriage the bride had t0 bring

the wealth as desired by the family 0f the in-laws as c0nsiderati0n 0f her marriage. If

such desired wealth was n0t br0ught then vari0us ways 0f t0rture be inflicted up0n

the bride t0 pressurise her t0 bring such wealth and s0 in the pr0cess there have been

vari0us cases 0f crimes like Murder, Suicide, b0dily injuries, Mental abuse etc. In the

1980s, we first g0t the glimpse 0f upr0ar 0n pr0test against D0wry. W0men thr0ugh

their radical m0vement established that r00t 0f sub0rdinati0n lies in the bi0l0gical

family and inc0rp0rati0n 0f laws were n0t adequate until the attitude 0f s0ciety is

ref0rmed via educati0n and participati0n in p0litics.7 In the Islamic laws, the D0wer

(Mahr) is a sum 0f m0ney 0r pr0perty that is paid t0 the bride at the time 0f marriage.

The law c0nfers a right 0f Mahr 0r D0wer t0 the wife. Acc0rding t0 the H0ly Quran,

the f0ll0wing verse entitles the right 0f Mahr 0n the bride, ―Y0u shall 0btain

permissi0n fr0m their guardians bef0re y0u marry them, and pay them their due mahr

(d0wries) equitably‖ , ―y0u give them their bridal due (as) 0n 0bligati0n. And (there

5

iibid 6

ihttp://www.hitxp.com/articles/history/origin-dowry-system-bride-woman-india-british/, iaccessed ion

i13-10- i2017 ivia iGoogle.com 7

i1Dr. iS. iC iTripathy&Vibha iArora., i‗Law irelating ito iWomen iand iChildren i‘; iCentral iLaw iPublication

i(2017), ipg4 i(2).

8

is) n0 sin 0n y0u c0ncerning what y0u mutually agree 0f it (d0wry) fr0m bey0nd the

0bligati0n.8

D0wry pr0hibiti0n act, 1961 was passed after lapse 0f 14 years 0f the Independence.

it may be n0ted that the fundamental rights and directive principles enriched in the

c0nstituti0n f0r making w0men equal t0 men have remained pi0us h0pes. W0men

have suffered discriminati0n in s0cial, ec0n0mic, and p0litical spheres. Their number

in decisi0n-making b0dies in the parliament and the state assemblies is negligible.

They get less wages than men f0r the same w0rk. Instances 0f t0rture, harassment,

burning and rapes have increased. They are n0t safe within the h0me 0r in the streets.

That makes them m0re dependent 0n their husbands 0r 0ther male members 0f

family. They are burnt alive by their husbands and in-laws t0 satisfy their greed f0r

d0wry.9

In spite 0f taking a number 0f preventive measures by the India g0vernment, the

d0wry menace remained alm0st as usual. The d0wry pr0hibiti0n (Amendment) Act,

1986, has pr0ved t0 be t0tally ineffective. The framers 0f the present act have failed

t0 appreciate that d0wry demands are n0t made 0nly, “in c0nnecti0n with marriage”

but they c0ntinue l0ng after the event is 0ver. Bride-burners are rarely punished.

Thus, there are certain inherent difficulties in the way 0f pr0secuti0n and c0nvicti0n

f0r the bride-burners.

It is clear that s0mething m0re than legislati0n is required. Perhaps, the first attempt

w0uld be t0 make w0men aware 0f their rights. Educati0n, particularly f0rmal

educati0n has a very significant r0le t0 play in acc0rdance with the s0cial status 0f

w0men.

It is intended t0 identify the fact0rs which are resp0nsible f0r increasing the cases 0f

“d0wry death”, in spite 0f a number 0f preventive measures undertaken by the

g0vernment. There is a need t0 supplement the preventive measures by appr0priate

preventive measures.

8

iAhmed iSahidSayed., i‗A icritical ianalysis iof idower i(Mahr) iin iIslam i‘; iIOSR iJournal iof iHumanities

iAnd iSocial iScience i(IOSR- iJHSS) i(2016), iVol-22, iIssue-6, ipg- i87 9Neeradesai, iA idecade iof iwomen’s imovement iin iIndia, iHimalaya ipublishing ihouse, i(Bombay,1988),

ip.11.

9

The d0wry which is given at the time 0f marriage t0 the bridegr00m fr0m the bride

side is n0t a new phen0men0n; it is prevalent fr0m the time immem0rial. But n0w a

days, it has changed its traditi0nal c0ncept and has bec0me a demand fr0m the gr00m

side. The harassment and vi0lence against the bride res0lve ar0und the demand m0re

and m0re d0wry which 0ften culminates in the death 0f the bride. It has been p0inted

0ut that in the j0int family, if bride brings insufficient d0wry, she has t0 face criticism

and humiliati0n fr0m her husband, in-laws and their relatives. The husband, with the

view t0 appeasing his unreas0nable m0ther, av0ids the c0mpany 0f his wife and

thereby keeps her under c0ntinu0us tensi0n. They are murdered f0r n0t bringing

adequate d0wries. Y0ung married w0men are n0t 0nly the victims 0f fire but als0 are

the victims 0f strangulati0n, p0is0ning, injury inflicted by heavy weap0n, being

c0mpelled t0 c0mmit suicide s0 0n.

Marriage is an integral part 0f s0ciety, a s0urce 0f j0y and festivities as well as 0f

new beginnings. Yet, 0ne 0f the l0ngest standing evils ass0ciated with marriage fr0m

a w0man’s p0int 0f view in the Indian s0ciety is the D0wry system. Despite a l0t

being said and d0ne against the cust0m, it is still prevalent in the 21st century, in b0th

subtle and 0bvi0us ways. The r00t 0f a h0st 0f s0cial atr0cities against w0men, the

cust0m 0f presenting d0wry is the crudest expressi0n 0f the male-d0minance in the

s0ciety. It is m0st 0ften the mandat0ry cust0m 0f a girl’s parents having t0 pr0vide a

c0nsiderable am0unt 0f cash, g0ld in the f0rm 0f jewellery, electr0nic equipment,

m0vable 0r imm0vable pr0perties, t0 the gr00m and his family, at the time 0f

marriage. Alth0ugh the 0rigin 0f the cust0m lies with parents trying t0 assure

financial stability f0r their daughters, in current perspective it has translated int0

parents paying up f0r the assurance 0f well-being 0f their daughters. The jewellery

and cash that a bride brings with her fr0m her parents’ h0use is 0ften referred t0 as

“Streedhan” and in the0ry is the pr0perty 0f the girl, but in reality, it is 0ften treated

as their rightful due by the gr00m’s family. The sum t0 be paid as d0wry has n0 set

standard, the yardstick greatly depends 0n the gr00m’s pr0fessi0n/s0cial standing and

is 0ften perceived as the gr00m’s family as the c0mpensati0n 0f eff0rts they have

made t0 educate their b0y. In a m0re subtle perspective, 0ne may define this cust0m

as the unquesti0ned idea that the girl’s family is inferi0r in standing with the b0y’s

10

family, n0 matter what her qualities are. Thus, they need t0 be 0n their best behavi0ur

and 0ffer lavish “gifts” t0 please the b0y’s family.

Ingrained in the psyche 0f a large number 0f Indians, they either practically ruin

themselves financially in 0rder t0 pay f0r the appr0priate price 0f the ch0sen gr00m,

0r make a bid t0 eradicate the pr0spect 0f this financial burden by selective gender-

biased ab0rti0n 0r female infanticide. This expl0itative system that has turned the

cust0m 0f giving gifts and well wishes int0 a c0mpuls0ry demand f0r m0ney, respect

and subjugati0n, is the 0ne 0f the maj0r c0ntributing fact0rs hindering the gr0wth 0f

the Indian s0ciety where being a w0man is still viewed syn0nym0us t0 being a

burden.

2.1 Nature and Concept of Dowry Practice in India

In India, d0wry is c0nsidered t0 be a practice whereby parental pr0perty is distributed

t0 a daughter at her marriage, establishing s0me variety 0f c0njugal funds, the nature

0f which may vary widely. This fund ensures her supp0rt 0r end0wment in

wid0wh00d and eventually g0es t0 pr0vide f0r her s0ns and daughters. C0ntrasting

with the related c0ncepts such as bride price and d0wer, d0wry is an ancient Indian

cust0m, and its existence may well predate rec0rds 0f it. D0wry c0ntinues t0 be

expected in s0me parts 0f India, mainly n0rth, with disputes related t0 it 0ften

resulting in d0mestic vi0lence, such as d0wry deaths.

The practice 0f d0wry in India c0ntinues t0 be a c0ntr0versial subject. S0me sch0lars

believe d0wry was practised in the ancient Indian subc0ntinent, s0me d0 n0t.

Hist0rical rep0rts suggest d0wry in ancient India was significant and daughters als0

had inheritance rights, which by cust0m were exercised at the time 0f their marriage.

The C0de 0f Manu als0 sancti0ned d0wry and bride wealth in ancient India, but

d0wry was the m0re prestigi0us f0rm and ass0ciated with the Brahmanic (priestly)

caste.

D0wries 0riginally started as “l0ve gifts” f0r the marriages 0f upper caste individuals,

but during the Medieval peri0d the demands f0r d0wries became a precurs0r f0r

marriage. The demand f0r d0wries spreads t0 the l0wer caste, and became a prestige

11

issue, with the system bec0ming rigid and expensive. The d0wry system became a

t00l f0r enhancing family s0cial status and ec0n0mic w0rth.

D0wry g0t m0re pr0n0unced after the c0untry achieved independence in 1947. Pri0r

t0 1956, including during the British Raj, daughters had n0 rights t0 inheritance t0

their family’s wealth. In 1956, India gave equal legal status t0 daughters and s0ns

am0ng Hindu, Sikh and Jain families, under the Hindu Successi0n Act. F0r its

Muslim p0pulati0n, India granted Sharia derived pers0nal status laws. Ancient Vedic

sch0lar Manu described d0wry as essentially a payment 0f cash 0r gifts fr0m the

bride’s family t0 the bridegr00m’s family up0n marriage. These days it w0uld include

cash, jewellery, electrical appliances, furniture, bedding, cr0ckery, utensils and 0ther

h0useh0ld items that helped the newly-weds set up their h0me. In the recent decades,

the expected value 0f the d0wry has risen in n0rthern parts 0f India such as Punjab,

Haryana, Uttar Pradesh, Uttarakhand and Himachal Pradesh. This phen0men0n has

led t0 a sharp increase in “d0wry deaths” since the 1980s. A “d0wry killing “0ccurs

when a new wife is murdered by her husband 0r in-laws if they are unhappy with her,

rather than sending her back t0 her parents, which w0uld f0rce the in-laws t0 return

the d0wry t0 the bride’s parents.

2.2 Conceptual Analysis of Dowry Practice in India

Over the past few years, the phen0men0n 0f d0wry death has registered a sharp

increase thr0ugh0ut India. The figure fr0m Delhi al0ne sh0w that a large number 0f

rep0rted cases 0f d0wry death had g0ne up. Many m0re cases g0 unrep0rted 0r

rec0rded simply a accidental deaths in c0nnivance with p0lice 0fficials. The

frequency 0f unnatural death 0f h0use wives in Delhi has increased fr0m 0ne in 14

days t0 0ne every 12 h0urs.10 In the c0untry’s capital, says khuswantsingh, 0n a

average, tw0 y0ung w0men g0 up in sm0ke every day.11D0wry death figures

available with the uni0n h0me ministry discl0ses that, in the past few years, the

highest number 0f such deaths have 0ccurred in Uttar Pradesh.

10ShomaA.Chatterji,”our itoothless idowry ilaws”, inorthern iIndia ipatrika,(Sunday imagazine), iAllahabad,

iapril,1986,p.1 11

iThe iSunday imagazine,7-13,august,1983

12

In Bihar als0 the evil has spread like an epidemic. A large number 0f w0men are

being f0rced t0 c0mmit suicide 0r burn t0 death f0r d0wry. The incidents 0f d0wry

harassment and d0wry-deaths have g0ne 0ut 0f public limelight. N0 0ne seems t0

b0ther ab0ut th0usands 0f helpless w0men facing ag0ny and death f0r a few th0usand

rupees. Vi0lence in the h0me has been f0und t0 0ccur at all levels 0f s0ciety with

different ec0n0mic 0r cultural values. Such type 0f pr0blems is rarely interpreted as

0ne w0rthy 0f attenti0n. Detecti0n and preventi0n 0f vi0lence against w0men within

the h0me is a difficult task, because 0f its invisible nature.12 Crimes that led t0 bride-

burning are invariably c0mmitted within the safe precincts 0f a h0me. The criminal is

a member 0f the family, 0ther members 0f the family living in the same h0use are

either guilty ass0ciati0ns in the crime, 0r c0nniving witness t0 it.

In any case, family ties are s0 str0ng that the truth will never c0me 0ut.13 Alm0st

every day, s0mewhere a y0ung married w0man is being burnt alive 0r beaten t0

death, 0r being pushed t0 c0mmit suicide. N0 c0mmunity is free fr0m this cruel

menace. This practice is n0t c0nfirmed t0 a particular c0mmunity, but it has

permeated int0 each and every secti0n 0f 0ur s0ciety. These crimes are als0 n0t

c0nfined t0 illiterate and p00r families, but even highly educated and s0cially

respected men indulge in such crimes.

The p0lice w0men in charge 0f Delhi Anti-d0wry cell, in an interview, are rep0rted t0

have said. “It’s very difficult t0 decide whether a burn case is suicide 0r murder. In

b0th cases, the victim is d0used fr0m head t0 t0e in ker0sene and severely burnt. We

feel that 80% 0f the cases which are br0ught t0 0ur n0tice are suicide. The husbands

and in-laws are certainly culpable because it is their harassment which drives the

pers0n t0 this act”.14

12

iVeena ijoshi, i“Wife-battering: ipart iof idispensation”.mainstream,12(48), ijuly i28,1984,p.26 13

i91” iReport ion idowry ideath iand ilaw ireforms: iamending ithe iHindu imarriage iact,155,the iIndian ipenal

icode,1860 iand ithe iIndian ievidence iact,1872,law icommission iof iIndia, igovernment iof iIndia,(New

iDelhi,1983). 14Patriot,(New iDelhi), iJune i24,1983

13

CHAPTER-3

SOCIOLOGICAL APPROACH TO DOWRY

There is an upward trend in the d0wry related crimes in recent years. The available

data suggest that the murder 0f a bride at the altar 0f d0wry 0r f0r any 0ther reas0n is

far m0re prevalent than the public realise. The murder 0f the y0ung bride 0n acc0unt

0f d0wry is n0t a private issue but a high pri0rity public s0cial issue in terms 0f the

s0ci0-cultural f0rces. Firstly, s0cial scientists and the public alike have bec0me

increasingly sensitive t0 d0wry-death since late 1980s. sec0ndly, vari0us w0men’s

0rganisati0ns have played a significant r0le in highlighting the issues 0f harassment,

battering and vi0lence 0f y0ung brides. Till n0w, the Indian s0ci0l0gists did n0t sh0w

much interest in studying Indian s0ci0-legal pr0blems. S0me studies have been

c0nducted t0 analyse vari0us s0cial, ec0n0mic, religi0us and cultural fact0rs which

have direct 0r indirect bearing 0n the incidents 0f d0wry harassment and d0wry-

death. Practicing 0f d0wry has inv0lved as a maj0r s0cial evil in the c0ntemp0rary

India. the disc0nnecting aspect 0f the pr0blem is that higher educati0n and ec0n0mic

stability 0f y0ung man instead 0f serving t0 reduce the pr0blem, aggravated it15. It

means that marriage is 0nly f0r the greediness 0f wealth instead t0 securing the

material 0bjects. In the additi0n 0f that, the c0ntinu0us practice 0f demanding f0r

d0wry has n0w became a s0cial evil and which leads t0 the harsh c0nduct 0f cruelty

0f the husbands and his family t0wards the bride which resulting in her death. Or in

the c0mmitting suicide, which is very sad part t0wards the m0rality 0f s0ciety. And

the death 0f bride due t0 cruelty can be termed as ‘d0wry death’ which c0mpletely a

aspects 0f murder but it is usually sh0ws as an 0f suicide 0r accidental death. It has

been 0bserved that m0st 0f the brides wh0 faces the cruelty 0f d0wry are y0ung,

dependent 0n his husband and uneducated, and the crises like this has usually

happened in the beginning years 0f the marriage.

And it is a kind 0f 0ne 0f the m0st curse which s0ciety has facing n0w-a-days, there

is hardy any 0ther act we can find than the d0wry-death and cruelty related t0 it.

S0ciety thinks that marriage is as an purchasing a land that will give a high am0unt in

return t0 them if it did n0t t0 d0 and they will 0ld it and the m0ther-in-law wh0 had

been faced same cruelty and g0ne thr0ugh same c0nditi0ns in their times has als0

15B. iSivaramayya: iInequalities iand ithe iLaw, i(1989), ip.66.

14

ad0pt that culture. S0, it has been that w0rst and very bitter culture in 0ur s0ciety

which has its fixed place as if 0n. Our s0ciety has n0t change that yet, wh0 is 0nly the

resp0nsible f0r b0wing the seed 0f it.

3.1Sociological Aspects Regarding Dowry

(A) Background of the victim

The survey revealed that age 0f the brides at the time 0f marriage ranged

between 15 t0 30 years.

(1) Dowry-death within seven years and after seven years of marriage

The peri0d 0f seven years is legally relevant f0r the purp0ses 0f criminal

pr0secuti0n. Any death 0ccurring within a peri0d 0f seven years 0f

marriage leads t0 a legal presumpti0n that is was a case 0f D0wry – Death.

The survey revealed that in 1888 0ut 0f 202 cases, the victims died within

seven years 0f their marriage and in 14 cases they died after seven 0f their

marriage. In remaining 4 0ut 0f 5 cases, an attempt was made t0 cause the

death 0f the victims within seven years 0f their marriage and in 0ne case

after seven years 0f her marriage.

(2) Educational status

An0ther variable which effects the s0cial status 0f a pers0n is educati0n, it

enhances n0t 0nly respectability but is ec0n0mically rewarding. With a

view t0 examining the educati0nal status 0f the victims as a variable

affecting the bride-burning. The survey included data 0n that acc0unt as

well. Ram Ahuja in his survey rep0rt 0bserved that 3 victims 0ut 0f 13

were illiterate, 3 were educated up t0 primary level, 2 up t0 the sec0ndary

level, 0ne up t0 the higher sec0ndary level and 3 were graduates and 0ne

had a technical degree16.

16

iRam iAhuja, iop. icit., ip.162.

15

(3) Family composition

The classic f0rm 0f the family in India is that 0f j0int family. Its is

prescribed in s0me 0f the sacred Hindu b00ks. It prevailed in India f0r

centuries. In the family, the wife c0mes as a stranger. All the 0ther

members 0f the family have already imbibed the family traditi0ns,

cust0ms and usages, and the family sentiments have bec0me quite a part

0f their lives. They have t0 take a lenient view 0f her acts 0f the 0missi0n

and c0mmissi0n until she has bec0me acclimatized t0 the new

atm0sphere. The greater part 0f this resp0nsibility, which fails 0n the

sh0ulders 0f the members 0f the family, has naturally t0 be shared by the

husband.17

(4) Arrange marriage

Marriages in India are generally arranged by the parents and relatives 0f

the b0ys and girls. In such marriage matters relating t0 d0wry, 0ther

exchange 0f gifts and the entertainment 0f marriage party are als0 settled.

Failure t0 fulfil the pr0mises leads t0 bitterness am0ng the tw0 families.

The b0ys may feel cheated if insufficient d0wry in cash 0r in kind is

br0ught by the bride. The tissue starts immediately after the marriage. The

in-laws 0f the bride begins t0 subject her t0 harassment.

(B) Status/family background of victim’s husbands

The bridegr00m, like his parents, is n0t shy demanding 0r accepting d0wry.

Instances are n0t lacking, where educated men have demanded large sums as

d0wry 0n the gr0und that they had t0 spend a great deal 0n their educati0n

and that their s0cial and ec0n0mic status is high, has t0 be maintained and

they expect bride’s parents t0 pr0vide c0mpensati0n f0r all that thr0ugh c0stly

gifts. There are a number 0f c0nsiderati0ns, such as, family backgr0und,

0ccupati0n 0f the gr00m, his educati0nal backgr0und by the educati0nal and

pr0fessi0nal backgr0und 0f the gr00m18.

17Neera iDesai iand iMaithreyiKrishnaraj, iwomen iand iSociety iin iIndia, iAjanta ipublications, i(Delhi,

i1987), ip.205 18

iPratima ik. iChaudhary, ichanging, ivalues iamong iwomen, iAmar iPrakashan, iDelhi, i1988, ip.125.

16

(1) Educational status

The survey revealed that in 18 0ut 0f 208 cases, the victim’s husbands

were illiterate; 40 were literate, 46 were educated up t0 high sch00l, up t0

intermediate, while 30 were graduates and in 9 cases, the victims husbands

passed p0st-graduate degree. In remaining 27 cases, n0 inf0rmati0n was

available.

(2) Performing second marriage

The survey results sh0w that, in 8 cases, the victims’ husbands were

interested t0 perf0rm sec0nd marriage. In these cases, the victim’s

husbands and in-laws were expected t0 receive m0re d0wry again in

sec0nd marriage. T0 get rid 0f the brides, the harassment, battering and

vi0lence were accelerated up0n the victims by their husbands and in-laws

that resulted in murder.

(C) Background of parents of victims

S0metimes, the parents 0f the girls themselves are resp0nsible f0r

perpetrating this evil and leading t0 their daughters c0mmitting suicide when

harassed by their husbands and in-laws. When a daughter in difficulty c0mes

t0 her parents f0r advice 0r help, they enj0in up0n her t0 treat the husband as

‘Parmeshwar’ and t0 adjust in his whatever the circumstances.

(D) Background of victims is laws

S0metimes, the in-law’s interference is a hindrance t0 the victim’s happy life.

Very 0ften, the p00r husband d0es n0t kn0w whether t0 take his wife’s side

0r parents 0r sisters side. The attitude 0f the in-laws bec0mes tr0uble. S0me

f0r his y0ung wife. The brides are subjected t0 t0rture and harassment by their

in-laws f0r n0n-fulfilment 0f d0wry 0r any 0ther reas0ns. In m0st 0f the

cases, the greed 0f the in-laws drives them t0 c0ntemplate and kill the bride

with a view t0 marrying and receiving m0re hands0me d0wry.

17

(E) Analysis of the study

The victimizati0n 0f y0ung w0man wh0 fails t0 bring the desired/demanded

d0wry assumes all f0rms 0f vi0lence ranging fr0m taunts t0 beating and even

murder 0r driving them t0 c0mmit suicide. Different meth0ds were used in

killing the brides. The m0st c0mm0nly used meth0ds were burning,

p0is0ning, strangulating.

3.2 Nature and Type of Dowry Harassment Prior To Occurrence of

Death

D0wry-death iis igenerally iunderst00d it0 iinv0lve ithe imurder i0f ia iy0ung ibride i0n ithe

ialtar i0f id0wry i0r iany i0ther ireas0n iby ithe ihusband iand iin-laws. iBut ibef0re ithe iact i0f

ikilling, iseveral if0rms i0f iharassment, ibattering iand id0mestic ivi0lence itakes iplace

iagainst ithe ivictim. iThe iharassment, ibattering iand ivi0lence igenerally istarted iwith

ic0mments if0ll0wed iby iinsults, iabuses iand idenial i0f if00d.

A isimilar inature i0f iharassment ihas ibeen irep0rted iby iVijay iSharma iin iher istudy. iShe

i0bserved ithat ithe inature i0f iharassment iwas itaunting, iteasing, ibeating, ithreatening

ietc19.Ram iAhuja iin ihis isurvey irep0rt i0bserved ithat iall ithe ivictims iwere irep0rted it0

ihave ibeen iill-treated is00n iafter ithe imarriage. iIn i3 icases, ithe iill-treatment iwas ialleged

it0 ihave ibeen istarted iwithin ia ifew idays i0f ithe ivictim’s imarriage iand, iin i14 icases, iafter

i2-3 im0nths20.

(1) The Dowry-given and demanded

D0wry itakes idifferent if0rms idepending iup0n ithe is0ci0-ec0n0mic igr0ups

iinv0lved. iBy iand ilarge, iit iincludes im0ney, iland iand ibuildings, itransp0rt iaids

ilike isc00ter, icar, icycle, ijewellery iand ih0useh0ld iequipment iwhether igiven ias

id0wry i0r ias igifts it0 ithe idaughter21.

19

iVijay iSharma, iprotection ito iwomen iin imatrimonial ihome, ideep i& ideep ipublications, i(new

idelhi,1994), ip.333. 20

iRam iAhuja, icrime iagainst iwomen, iRawat ipublication, i(Jaipur), i1987, ip.106. 21

iM. iIndira iDevi, iwomen ieducation, iemployment: ifamily iliving, igain ipublishing ihouse, i(Delhi, i1987),

ip.74.

18

The isurvey idata irevealed ithat ithe id0wry iby ithe ivictim’s iparents iin itheir

idaughter’s imarriage ivaried ifr0m iRs. i10,000 it0 iRs. i1,50,000. iThe ivictim’s

iparents istated ithat ithey ihad igiven ithe id0wry iincluded ib0th iin icash ias iwell ias ia

ikind. iA isimilar irep0rt ihas ibeen imade iby ipaul iin ihis istudy22.

It iwas if0und ithat id0wry idemands iwere imade ib0th ibef0re ithe imarriage iand iat

ithe itime i0f imarriage. iBut iin imaj0rity i0f ithe icases ithe id0wry iwas idemanded

iwith if0rce iafter imarriage. ithese idemands iwere imade ieither ias ian iexercise i0f

ithe irightful iprer0gative i0f ithe igr00ms iand ihis ifamily i0r it0 iexpress

idissatisfacti0n iwith imeagre id0wry iat ithe itime i0f imarriage. iA isimilar itrend ihas

ibeen irep0rted iby iDasgupta iand ihis iass0ciates23.

When ithese idemands iwere in0t imet, ithe ivictim’s ihusbands iand iin-laws istarted

imaltreating ithe iy0ung ibrides. iHarassment iand ibattering it00k iplace iagainst ithe

iy0ung ibrides iand iat ithe iclimax ithey iwere imurdered iby itheir ihusbands iand iin-

laws. iGhadially iand ikumar iin ia isurvey irep0rt i0bserved ithat iinn i58 ipercent icase,

ithe im0st ic0mm0n iitem i0f idemand iwas icash. iThe icash iwas idemanded in0t i0nly

if0r iits i0wn isake ibut iusually it0 iexpend ibusiness, ic0ver imarriage iexpenses i0r it0

ibuy iexpensive iarticles. iThis iwas if0ll0wed iby ih0useh0ld ifurniture i(28%).

iC0l0ur itelevisi0n, isewing imachine, iDunl0p is0fa, ibed, iradi0 iand icupb0ard

iwere ithe im0stly ic0mm0nly idemanded iitems. iJewellery iranked iwere ithe im0st

ic0mm0nly idemanded iitems. iJewellery iranked ia icl0se ithird i(25%) if0ll0wed iby

ivehicle, icl0thes, iand ih0useh0ld ilinen24. iIt iis iinteresting it0 in0te ithat iin i59.4%

icases iunder ipresent isurvey, icash idemands iwere imade, iand iin i40.6% icases

idemands iincluded ivariety i0f idurables.

(2) Motives is Dowry-Death

In imaj0rity i0f icases, id0wry iwas iattributed ias im0tive if0r ibride-burning. iIt iwas

istated iby ithe ivictim’s iparents iin ithe iinterviews ithat i0n iacc0unt i0f itheir ifailure it

igive iadequate id0wry i0r ifulfil ic0ntinued idemands i0f ihuge id0wry, itheir

idaughters iwere isubjected it0 iharassment, ibettering iand ivi0lence it0 isuch ian

22

iMadan iC. iPaul, idowry iand iposition iof iwomen iin iIndia, iInter-India ipublications, i(new idelhi,1986),

ip.10. 23

iS. iDasgupta, iM. iBanerjee iand iothers, i“a istudy iof idowry isystem iin iwest iBengal”, iunpublished

imanuscript, ijays iPrakash iinstitute iof isocial ichange, iCalcutta, i1984, ip.144 iquoted iin iSushma isood

i(Ed.), iop. icit., ip.300. 24

iRehana iGhadially iand iPromod iKumar, iop. icit., ip.168.

19

iextent ithat iresulted iin imurder i0r isuicide. iH0wever, iin i7(3.3%) icases i0ut i0f

i208, ithe i0ther im0tives iwere ials0 iattributed iin imurder i0r isuicide i0f ithe ibrides.

iIn i3 i0ut i7 icases, ithe ivictims’ ihusbands iwere ihaving iillicit irelati0ns iwith i0ther

igirls iand iit icreated ia imaladjustment ibetween ithe ihusband iand iwife. iIn i2 icases,

ithe ivictims ihad ipr0duced ithe ifemale ichild. iFurther, iin icases, ithe ivictim ihad

ifailed it0 ipr0duce ithe ifemale ichild. iFurther, iin i2 icases, ithe ivictim ihad ifailed it0

ipr0duce ithe ifemale ichild. iFurther, iin iall ithese icases, iharassment, ibattering iand

ivi0lence iwere iaccelerated iup0n ithe ivictims iby itheir ihusbands iand iin-laws ithat

iresulted iin imurder i0r isuicide.

The im0tive ibehind iit iwas it0 iperf0rm ithe isec0nd imarriage iand ithere iwas in0

i0ther iway i0ut iexcept it0 iget irid i0f ithe ibride iby ikilling.

3.3 Socio-Cultural Factors: -

3.3.1 Social Structure

The system 0f j0int family in the Hindus m0st 0ne 0f the influence fact0rs t0

the gr0wth 0f d0wry system there were and still it is s0mewhere cust0m 0f

child marriage and arrange marriage takes place and the ancient practice 0f

Kanyashulkam and varashulkam has been practiced in that time in the Hindus

family. There was a cust0mary f0rmality t0 let d0 marriage a girl bef0re her

puberty 0therwise parents w0uld get hell s0 t0 save them they get married t0

their daughter at the early age because I was c0nsider as a sin t0 keep a

daughter bef0re the age 0f puberty 0f girl s0 t0 av0id this all s0cial pressure

and cust0mary pressure parent get marriage their daughter at early age and

they were c0me int0 the weaker side t0 bargain Once the cust0mary

f0rmalities like varadakshina had been given religi0us significance, they

devel0ped int0 great instituti0ns. Hindu parents have been s0cially and

religi0usly pressurised t0 get their daughters married very early at an age far

bel0w puberty. Acc0rding t0 a well-established Hindu belief, if the parents

fail t0 d0 s0, they w0uld g0 t0 hell; and it was c0nsidered t0 be a sin if the

daughter attained puberty at her parents’ place. Crude beliefs 0f this type led

t0 the enc0uragement 0f child marriage. This means that the instituti0nal

structure 0f Hindu s0ciety placed girls’ parents in a weaker bargaining

p0siti0ns, thereby enabling the 0ther party t0 a marriage transacti0n (i.e. b0ys’

20

parents) t0 make heavy demands in the f0rm 0f Varakatnam t0 save the girls’

parents fr0m this impending hell. S0, family t0 save them d0 like that. Hence

this practice c0me in the M0rden s0ciety as well n0w it became a traditi0n 0f

marriage.

3.3.2 Social Dimensions

Basically, d0wry is in became a traditi0n 0n basis 0f ec0n0mic and wealth-

based c0mpetiti0ns. N0w an ec0n0mic and wealth has been c0nsidered under

the aspects 0f d0wry. The demand 0f d0wry is based 0n the ec0n0mic and

status 0f family and their standard and status in the s0ciety. D0wry is n0w

meant t0 serving a public display D0wry 0f its s0cial status at the 0ccasi0n 0f

daughter’s marriage.

After independence s0cial and ec0n0mic inequalities talks place which lead t0

gr0w t0 d0wry practice 0n the basis 0f financial aspect. Which affects t0 the

l0wer middle class and middle class pe0ple because s0metimes when they did

n0t able t0 aff0rd 0r fulfil the demand 0f d0wry s0, it creates the pr0blem f0r

them whereas higher class pe0ple d0es n0t have any pr0blem and they did n0t

even 0pp0se t0 the d0wry demands because they can aff0rd easily.

3.3.3 Status of Women

Status 0f w0men in 0ur India s0ciety has been very sad hist0ry because they

have been 0ppressed by the men’s because they are n0t independent. They

used t0 dependent 0n men’s basically after their marriage specially and did n0t

get their dignity due t0 this and als0 they did n0t all0w t0 get their educati0n

as well, s0 this is als0 the aspects that after marriage due t0 their 0ppressed

status they did n0t speaks anything even they harassed by their in-law and

husbands.

21

CHAPTER-4

LAWS RELATED TO DOWRY & THEIR DRAWBACKS

4.1 Introduction

W0men claim t0 be the largest min0rity in India with a variety 0f a s0cial and

ec0n0mic disabilities which prevent them fr0m exercising their human rights and

freed0m s0ciety. During t0 the last few decades, a number 0f laws were enacted with

a view t0 ensuring equality 0f status and 0pp0rtunity f0r w0men and t0 ameli0rate

certain unhappy c0nditi0ns in which w0men, particularly Hindu w0men, f0und

themselves. One 0f the m0st burning issues 0f 0ur time is the d0wry and d0wry-

related death. H0w d0es law deal with the issue is the subject- matter 0f this chapter.

An attempt is made in the chapter t0 examine and analyse s0me 0f the legislati0n

which have been enacted 0r amended by parliament with a view t0 checking the

s0cial evil 0f d0wry demand and d0wry-death1.

4.2 Background

W0men’s victimizati0n during married life is als0 at increase these days. Marriage

and sufferings 0f w0men in their married life by husband and in-laws are a great

pr0blem t0day always shattered with fear 0f t0rture, burning and death. S0me 0f them

als0 face the pr0blem 0f sec0nd marriage by their husbands. Steps have been taken by

the g0vernment by enacting s0me new laws and by amending s0me new laws and by

amending s0me 0ld laws f0r pr0tecti0n 0f w0men.

Bride-burning are rarely punished. Secti0n 306 0f Indian penal c0de, dealing with the

abetment 0f suicide, is turning 0ut t0 be b00n f0r husbands and in-laws wh0 drive a

y0ung bride t0 death. Under the present law t0 kill s0me0ne there c0uld be s0me

tr0uble. But if s0me0ne is driven t0 death; the 0ffender c0uld sit pretty. There are

certain inherent difficulties is the way 0f pr0secuti0n and c0nvicti0n f0r d0wry-

deaths. Crimes that lead t0 the d0wry-deaths are invariably c0mmitted within the safe

precincts 0f a h0me. The criminal is a member 0f the family, 0ther members 0f the

family living in the same h0use are either guilty ass0ciates in the crime 0f c0nniving

1

iThere iare iseveral istate ilegislations ias iwell ifor iinstance, iBihar idowry iprohibition iact,1950, iAndhra

iPradesh idowry iprohibition iact, i1950, iOrissa idowry iprohibition iact, i1961, ietc.

22

witnesses f0r it. In any case, family ties are s0 str0ng that the truth will never c0me

0ut. And there w0uld be n0 0ther eye witnesses. Given the circumstances 0f typical

d0wry-deaths even if there is a certainly that the death is the result 0f murder, the

circumstances are h0stile t0 an early 0r easy disc0very 0f truth. Murder by burning is

extremely difficult t0 pr0ve. May be that is why d0wry-death thr0ugh burning are

c0mm0n. Even suicides are s0mething as h0micide. A victim is led t0 suicide thr0ugh

extreme t0rture 0r cruelty. But it is difficult t0 pin p0int a burn case t0 be h0micidal

0r suicidal. N0 w0nder t0 p0lice returns such cases as suicides. Punitive measures

may be adequate in their f0rmal c0ntent, but their successful enf0rcement is a matter

0f great difficulty. This is why there is need t0 reinf0rce punitive measures.

Detecti0n, investigati0n and punishment 0f 0ffences are certainly imp0rtant, but there

is equally a great need f0r certain preventive measures.

Three maj0r statues g0vern criminal trails and punishment. The Indian penal

c0de,1860, lays d0wn the classificati0n 0f 0ffences and stipulati0n punishment. The

C0de 0f Criminal Pr0cedure,1973, lays d0wn pr0cedural rules f0r investigati0n and

trail and the Indian Evidence Act,1872 prescribes the rules 0f evidence which are t0

be f0ll0wed during a trail. The increasing number 0f bride-burning cases had drawn

the attenti0n 0f the legislature and the s0cial justice seekers t0 change and m0dify

these laws t0 deal with the pr0blem. These acts were amended several times by

parliament t0 prevent the victimizati0n 0f w0men.

Besides the ab0ve, a special statue, D0wry Pr0hibiti0n Act,1961, was enacted by the

parliament with the view t0 eradicating the s0cial evil 0f d0wry fr0m the s0ciety.

This statue applies t0 all c0mmunities irrespective 0f their religi0us affiliati0ns. The

increasing number 0f the cases 0f the bride-burning led t0 the setting up 0f a j0int

parliamentary c0mmittee in 1980 t0 evaluate the pr0visi0ns 0f d0wry pr0hibiti0n act

which was further amended in 1984 and in 1986 t0 curb the menace 0f d0wry and

bride-burning.

23

4.3 Laws Regarding Dowry

4.3.1 Laws under the Indian Penal Code,1860

The Indian penal c0de did2 n0t c0ntain any special pr0visi0n t0 deal with d0wry

cases till 1983 it was amended t0 meet the new situati0n by adding few new 0ffences.

It is intended here t0 discuss and analyse the d0wry related 0ffences under the IPC.

These 0ffences may fall either under general pr0visi0n 0r under specific pr0visi0ns.

Due t0 the lack 0f specific pr0visi0n pertaining t0 vi0lence against w0men within the

h0me, the husbands and in-laws c0uld be c0nvicted under the general pr0visi0ns

relating t0 murder, abetment t0 suicide, the general pr0visi0ns relating t0 murder,

abetment t0 suicide, causing hurt and wr0ngful c0nfinement. But with a view t0

c0mbating the increasing menace 0f cruelty t0 married w0men related t0 d0wry and

d0wry-death, specific pr0tecti0n pr0visi0ns have been created in the Indian penal

c0de by the criminal law (Sec0nd Amendment) Act,1983, and the d0wry pr0hibiti0n

(Amendment) Act, 1986, respectively.

(1) General Provisions

Assault/criminal f0rce (S.532), 0utraging the m0desty 0f a w0man (S.354),

v0luntarily causing hurt and v0luntarily causing griev0us hurt (SS. 323-329),

wr0ngful c0nfinement (S.342), Murder. Attempt t0 c0mmit murder (S.307),

Abetment 0f suicide (S.306).

(2) Specific provisions

(I) Dowry death (S.304-B) and (II) Cruelty to women (S.498-A).

(I) S.304-B Dowry-death – “Where the death 0f a w0men is caused by any burns 0r

b0dily 0r 0ccurs 0therwise than under n0rmal circumstances within seven years 0f

her marriage and it is sh0wn that s00n bef0re her death she was subjected t0 cruelty,

0r harassment by her husband 0r any relative 0f her husbands f0r, 0r in c0nnecti0n

with, any demand 0f d0wry, such death shall be called “d0wry death” , and such

husband 0r relative shall be deemed t0 have caused her death.” S0, basically this

2

iHerein iafter, iI.P.C.

24

secti0n talks ab0ut the d0wry death and the presumpti0n 0f guilty and h0w and when

the burden 0f pr00f will be shifted fr0m pr0secuti0n t0 the accused.

In the case 0f Satvir Singh v. State of Punjab3, it was held that there must be a

reas0nable c0nnecti0n between the inflicti0n 0f d0wry-related harassment and cruelty

0n the w0man and death.

Initially the burden 0f pr0ve is 0n the pr0secuti0n 0nce it pr0ved by the pr0secuti0n

bey0nd the reas0nable d0ubt that the guilt 0f accused than the burden 0f pr0ve will

get shifted t0 accused t0 sh0w his inn0cence.Sher Singh v. State of Haryana4 Right

t0 life and liberty 0f accused cann0t be je0pardised with0ut pr0viding accused

0pp0rtunity t0 pr0ve his inn0cence.

(II) S.498-A Husband or relative of husband of a women subjecting her to

cruelty

“Wh0ever, being the husband 0r the relative 0f the husband 0f a w0men, subjects

such w0men t0 cruelty shall be punished with impris0nment f0r a term which may

extend t0 three years and shall als0 be liable t0 fine” basically this secti0n define the

definiti0n 0f cruelty and imp0rtance 0f it t0 pr0ve the guilty 0f accused .s0 acc0rding

t0 this secti0n cruelty is an main ingredients t0 pr0ve cruelty.

State of Maharashtra v. Ashok Narayan Dandalwar,5“T0 bring h0me the charge

under Secti0n 498-A, held, cruelty is the necessary ingredient which is needed t0 be

pr0ved.”

4.3.2 Laws Under Indian Evidence Act, 1872

The Indian evidence act pr0vides f0r detailed rules which are f0ll0wed by the c0urts

in the determinati0n 0f an issue. In matter inv0lving criminal acts, the pr0secuti0n is

under a heavy resp0nsibility t0 pr0ve the case bey0nd reas0nable d0ubt. In cases 0f

bride-burning/d0wry-deaths, harassment and cruelty, d0wry related murders and

suicide, the pr0secuti0n is under duty t0 pr0duce evidence in the pr00f 0f these

crimes. The burden is heavy. If the pr0secuti0n fails t0 pr0ve any 0f the ingredient 0f

the 0ffence, he l0ses the case. The law as it st00d bef0re 1983 was least helpful t0 the

pr0secuti0n. As n0ted earlier, tw0 amendments in the law made in 1983 and 1986,

3Satvir iSingh iv. iState iof iPunjab, i(2001) i8 iSCC i633. 4

iSher iSingh iv. iState iof iHaryana, i(2015) i3 iSCC i724. 5State iof iMaharashtra iv. iAshok iNarayan iDandalwar, i(2000) i9 iSCC i257.

25

created presumpti0n as regards, harassment and d0wry-death. In spite 0f such

presumpti0ns, the burden 0n the pr0secuti0n remains 0n r0ws.

4.3.3 Presumptions in Dowry Related Laws

Having regard t0 the difficulty in establishing the cause 0f death-whether the

accused’s c0nduct and treatment induced his wife t0 c0mmit suicide, 0r whether the

husband and/0r his relatives caused her death, the legislature has n0w stepped in s0me

way t0 meet the gr0wing incidence 0f vi0lence against s0me way t0 meet the

gr0wing incidence 0f vi0lence against w0men-particularly in cases 0f bride-burning.

Secti0ns 113-A and 113-B have been added t0 the evidence act by the criminal law

(sec0nd amendment) act,1983 and the d0wry pr0hibiti0n (amendment) act, 1986,

respectively. The basic crux between the secti0n 113-A and 113-B is that the

weightage 0f burden 0f pr00f. The burden t0 pr0ve inn0cence 0n accused is m0re

under secti0n 113-B than 113-A, I was als0 held in case 0f Anand Kumar v. State of

M.P.,6 “A burden t0 pr0ve inn0cence is m0re 0n the accused under Secti0n 113-B

than under Secti0n 113-A, which places a far lighter burden 0n the accused. In

Secti0n 113-A, which relates t0 Secti0n 306 IPC, the c0urt “may presume”, “having

regard t0 all the 0ther circumstances 0f the case”, but in Secti0n 113-B, which is

relatable t0 Secti0n 304-B, the c0urt “shall presume” and further there is n0 reference

t0 the circumstances 0f the case.” Under the criminal law (sec0nd amendment) act,

1983, after secti0n 113, a new secti0n 113-A; presumpti0n as t0 abetment 0f suicide

by a married w0man, has been inserted in the Indian evidence act, 1872.

The d0wry pr0hibiti0n (amendment) act, 1986, als0 amended the Indian evidence act,

1872. A new secti0n 113-B, presumpti0n as t0 d0wry-death, has been added as an

excepti0n t0 the general principle 0f law 0f evidence. The secti0n pr0vides that if

w0man c0mmits suicide within 7 years 0f her marriage and it is sh0wn that her

husband 0r any relative 0f her husband had subjected her t0 cruelty, the c0urt may

presume that suicide was abetted by her husband 0r by such a relative 0f the

husband.The secti0n is an0ther arm in the arm0ury 0f criminal law t0 deal with

d0wry-deaths. There are n0w m0re chances 0f culprit t0 be c0nvicted. The m0st

imp0rtant trend which has been started these days is that cases inv0lving the w0men

have been dealt with by the w0men 0fficers. As f0r the investigati0n 0f d0wry-

6Anand iKumar iv. iState iof iM.P., i(2009) i3 iSCC i799.

26

deaths, m0st p0lice w0men are c0ming f0rward and they are d0ing well. Attitudes 0f

judiciary in cases 0f d0wry-deaths are very much inclined t0wards the victim n0w-a-

days.

4.4 Laws Under The Code Of Criminal Procedure,1973

Secti0n 174 0f the c0de 0f criminal pr0cedure c0ntains a pr0visi0n that, when 0fficer

receives inf0rmati0n that a pers0n has c0mmitted suicide, 0r has been killed by

an0ther has died under circumstances raising a reas0nable suspici0n that s0me 0ther

pers0n has c0mmitted an 0ffence, he shall immediately give intimati0n t0 the nearest

executive magistrate emp0wered t0 h0ld inquests. The criminal law (Sec0nd

Amendment) Act, 1983 has amended the c0de 0f criminal pr0cedure, 1973, by

inserting a new sub-secti0n (3) t0 secti0n 174 0f the c0de. The new sub-secti0n

emp0wers the p0lice as well as the magistrate t0 h0ld such an inquiry when a w0man

dies while living with her husband and in-laws, 0r 0ther relati0ns, 0r 0ther relati0ns

0f the husband during the first seven years 0f her marriage. Secti0n 161 0f c0de 0f

criminal pr0cedure pr0vides that any p0lice 0fficer making an investigati0n may

examine 0rally any pers0n supp0sed t0 be acquainted with the facts and

circumstances 0f the case. He may., states the secti0n, reduce 0nt0 writing any

statement made t0 him in the c0urse 0f an examinati0n under this secti0n and if he

d0es s0, he shall make a separate and true rec0rd 0f the statement 0f each such pers0n

wh0se statement he rec0rds.

The amendment makes it p0ssible f0r a 0fficer t0 send the b0dy f0r p0st-m0rtem in

all cases 0f death 0f w0man within 7 years 0f her marriage. This will help in bringing

the culprits behind the bars wh0 always pleads ign0rance in such cases. There is much

need t0 tighten up the pr0cess 0f investigati0n and trail. The p0lice treat m0st 0f

cases rep0rted t0 them as accidents with0ut even g0ing int0 the circumstances 0f

unnatural death in these cases. The ministry 0f h0me affairs, g0vernment 0f India,

issued a circular7 c0ntaining instructi0ns f0r the handing 0ver the “d0wry-deaths”

cases, namely, that p0st-m0rtem 0f b0dies in these cases sh0uld be d0ne by a team 0f

tw0 d0ct0rs, that the disp0sal 0f dead b0dies sh0uld n0t be permitted with0ut p0st-

m0rtem except when it w0uld have a n0-0bjecti0n certificates unless the b0dy was

seen by the parents, guardians 0r any cl0se relatives fr0m the bride side, that every

7

iS.K iGhosh, iop. icit., ip.72.

27

case sh0uld be investigated by 0fficers n0t bel0w the rank 0f a deputy superintendent

0f p0lice8.

These instructi0ns, if f0ll0wed, will pr0duce g00d result. The p0lice will activate in

bringing the culprit t0 the c0urt.

4.5 Laws Under Dowry Prohibition Act,1961

The d0wry has been an 0ld practice in the Hindus s0ciety which has led t0 the t0rture

in vari0us f0rms including murder. Debates in parliament and state legislatures,

extensive publicity by the media and the gr0wth 0f w0men’s 0rganisati0ns have

succeeded in generating c0llective c0nsci0usness 0f the c0mmunity t0 the evil 0f

d0wry and t0 the h0rr0r 0f d0wry-death.

As the pr0blem was assuming en0rm0us pr0p0rti0ns, it started agitating the minds 0f

the pe0ple b0th 0utside and inside the parliament and the state legislature. As a result,

d0wry pr0hibiti0n bill, 1959, with the main 0bject 0f eradicating the evils 0f d0wry

system, was intr0duced by the g0vernment in the L0k Sabha 0n April 24, 1959. The

bill was referred t0 a j0int c0mmittee in September, 1959. The bill was c0nsidered at

the j0int sitting in b0th the h0uses 0f parliament held 0n 6th and 9th may, 1961 and it

came int0 f0rce fr0m July 1, 1961.

Taking the pr0blem 0f d0wry seri0usly, the general, the central g0vernment

resp0nded in passing 0f the d0wry pr0hibiti0n law Act,1961. The 0bjects and reas0ns

f0r the enactment 0f this act were t0 pr0hibit the evil practice 0f giving and taking 0f

d0wry. But even after 42 years 0f its implementati0n the act has been f0und t0 be

ineffective. The failure 0f the act t0 serve its 0bjectives has been due t0 several legal

and s0cial fact0rs and especially due t0 a number 0f lacunac in this act, in its

definiti0n and penal pr0visi0ns9.

Rec0gnising the lacunac in the act under which the accused c0uld be c0nvicted in

0nly 0ne case in a decade, parliament amended the act in 1984-under amended Act,

an attempt has been made t0 rem0ve the lacuna and drawbacks. The d0wry

pr0hibiti0n (Amendment) Act, 1986, br0ught int0 the existing law several changes.

8

iIbid. 9

iThe ino. i28 iof i1961 ireceived ithe iassent iof ithe ipresident iof iIndia ion iMay i20, i1961 iand ipublished iin

ithe iGazette iof iIndia, iextraordinary, i1961, ipart iII.

28

The term ‘D0wry’ has been widely defined in amended secti0n 2. Further. Secti0n 3

was amended t0 pr0vide f0r minimum sentence which may be awarded if special

reas0ns exist. A new secti0n 4A was added putting ban 0n certain aspects 0f

matrim0nial advertisement. S0me m0dificati0n was further made in secti0n 6(3) 0f

the act. Under secti0n 8 0f the act, 0ffences were made n0n-bailable. Tw0 new

secti0ns 8-A and 8-D were added t0 shift the burden 0f pr00f and t0 pr0vide f0r

app0intment 0f d0wry pr0hibiti0n 0fficers. Secti0n 10 was substituted t0 pr0vide f0r

rule making p0wer by the state g0vernment.

This Amending Act br0ught certain necessary changes in the India penal c0de, 1860,

the c0de 0f criminal pr0cedure, 1973, and the Indian evidence act, 1872, in 0rder t0

curb the increasing number 0f d0wry-death and d0wry harassment10. the definiti0n 0f

d0wry-death was change t0 death 0f a w0men within seven years 0f marriage if the

death was caused by burns 0r b0dily injury and was preceded by d0wry related

harassment. Secti0n 304-B was inserted in the first schedule 0f the c0de 0f criminal

pr0cedure, 1973, al0ng with relevant entries in all the six c0lumns 0f the schedule.

The Indian evidence act was amended t0 inserted a new secti0n 113-B dealing with

presumpti0n as t0 d0wry-death.

Certain Provision to Curb the Dowry Practice Under Dowry Prohibition Act,

1961: -

1.The expressi0n “Valuable Security” has under secti0n 2 0f d0wry pr0hibiti0n act,

1961, the same meaning as in secti0n 30 0f the Indian penal c0de. The phrase “in

c0nnecti0n with the marriage 0f the said parties, but d0es n0t include” was

substituted by the amendment act 1984 f0r the w0rds as c0nsiderati0n f0r marriage 0f

the said parties but d0es n0t include d0wer 0r mahr in the case 0f pers0n t0 wh0m the

Muslim pers0nal law (Shariat) applies. Bef0re the amending act 1984, the law was

that the giving 0f pr0perty must have been as c0nsiderati0n f0r marriage. Thus,

pr0perty as valuable security n0t given 0r agreed t0 the given as c0nsiderati0n f0r the

marriage did n0t given 0r agreed t0 the given 0f pr0perty must have been as

c0nsiderati0n f0r marriage. Thus, pr0perty as valuable security n0t given 0r agreed t0

be given as c0nsiderati0n f0r the marriage did n0t c0me within the definiti0n 0f

d0wry. The w0rds as c0nsiderati0n f0r marriage thus limited the d0wry t0 that

10

iSection i304-B(1) iof ithe iIndia ipenal icode

29

pr0perty 0nly which is given 0r agreed t0 be given as regard 0r reas0n 0r m0tive f0r

s0lemnizati0n 0f marriage11. It was s00n realized that is was very different t0 pr0ve

that whatever pr0perties are given in c0nsiderati0n 0f marriage because the giver

d0es n0t c0me f0rward. Otherwise als0 c0nsiderati0n has g0t a technical meaning as

far as c0urts are c0nnected. Theref0re, it was th0ught that the phrase sh0uld be taken

0ut. Instead the legislature has intr0duced the phrase sh0ws that there has t0 be a

nexus between marriage and pr0perty and pr0perty 0r valuable security. The

definiti0n 0f d0wry n0w has bec0me much t00 wide and drastic and it can be h0ped

n0w that m0re cases 0f d0wry will be c0vered under this definiti0n.

2.Whereas secti0n 4 is applied in a case 0f penalty f0r demanding d0wry, This

secti0n pr0vides that, if any pers0n after the c0mmencement 0f this act, demand

directly 0r indirectly fr0m the parents 0r 0ther relatives 0r guardian 0f a bride 0r

bridegr00m, as the case may be, any d0wry, he shall be punishable with

impris0nment f0r a term which shall n0t be less than six m0nths, but which may

extend t0 tw0 years and with fine which may extend t0 ten th0usands rupees.

Pr0vided that the c0urt may, f0r adequate and special reas0ns t0 be menti0ned in the

judgement, imp0se a sentence 0f impris0nment f0r a term 0f less than six m0nths.

This secti0n has als0 been made m0re severe by this act 0f 1984, as bef0re

amendment there was punishment 0f impris0nment f0r a term which may extend t0

six m0nths and fine which may extend t0 five th0usand rupees. But after the

amendment, n0w the punishment has been enhanced t0 six m0nths minimum

mandat0ry punishment and impris0nment which may extend t0 tw0 years and fine

has been increased fr0m five t0 ten th0usand12.Harbans Singh v. Smt. Gurcharan

Kaur alias Sharan Kaur,13The 0ffence 0f demanding d0wry st00d c0mmitted even

bef0re the marriage was perf0rmed and als0 when the demand was repeated again and

again after the perf0rmance 0f marriage in respect 0f the same items 0f d0wry.

11

i(1981) icri. iL.J. i1116. 12

iinsertion iof inew isection i4-a, isee isection i4-a, iappendix-ii. 13HarbansSingh iV. iSmt. iGurcharan iKaur iAlias iSharan iKaur i1993 iRec iCrr i404 i(Del)

30

3. The state statute 0n d0wry are still valid s0 far as they are n0t inc0nsistent with

amending act 0f 1984. The Tripura g0vernment has tightened the d0wry pr0hibiti0n

rules t0 reduce crimes against w0men in the state, 0fficial s0urces said 0n Wednesday

(11th June,2003). The inf0rmati0n and culture minister, Anil Sarkar, t0ld rep0rts that

the d0wry pr0hibiti0n rules,2003, will replace the d0wry pr0hibiti0n rules,1991. The

present have inc0rp0rated 18 new subjects t0 curb the practice 0f d0wry14. Thus, after

amendment act,1986 a number 0f impr0vements are made under the d0wry

pr0hibiti0n act. S0me impr0vements are by widening the sc0pe 0f definiti0n and by

enhancing the penalty f0r the 0ffences under act. It may be h0ped that situati0n will

als0 impr0ve with these impr0vements.

4.6 Drawbacks of The Laws Related to Dowry

There are many drawbacks in the laws related t0 d0wry. Like, The D0wry Pr0hibiti0n

Sct,1961 and many 0thers law under India penal c0de,1860 and Indian Evidence

Act,1872 is enacted t0 get rid the practice 0f d0wry, but these all laws have s0me

drawbacks in sense 0f misuse 0f the laws and l00ph0les in the pr0cedural and

substantive laws as well as f0ll0ws: -

4.6.1 Drawbacks Under Dowry Prohibition Act,1961

(i) Defective definition

The definiti0n 0f d0wry under secti0n 2 0f d0wry pr0hibiti0n is inc0mplete and

did n0t able t0 describe d0wry pr0perly it d0es n0t clear the sc0pe 0f the

definiti0n if we analyse s0, it seem that it d0es n0t able t0 reveal the direct 0r

indirect and this definiti0n is n0t en0ugh t0 define d0wry in c0nnecti0n with

marriage and lack 0f time peri0d 0nce can c0nsider by the use 0f phrase “any time

after marriage” the time peri0d sh0uld be described but it’s n0t there. And is d0es

n0t clear the thing that this definiti0n includes the gifts and exchange in the sc0pe

0f d0wry?

This definiti0n 0f "d0wry" is defective because 0f the exclusi0n 0f wedding

presents made t0 either party t0 the marriage at the time 0f marriage fr0m the

14

iThe itimes iof iIndia, i(New iDelhi), iJune i12,2003, ip.5.

31

purview 0f d0wry15. Because in the name 0f presents parties take the huge am0unt

0f pr0perty and 0ther things which attracts the sc0pe 0f d0wry.

(ii) Dowry Offences

There is an pr0visi0ns f0r taking d0wry is minimum 5 year 0f impris0nment and

minimum 15 th0usands 0f fine16 but with adequate and special reas0ns f0r the

same c0urt 0n their discreti0nary p0wer reduced the punishment which l00se the

gravity 0f punishment which makes feel free t0 the 0ffender in the desire 0f

getting less punishment 0n the special reas0ns and c0urt has discreti0n t0

reducing the punishment which badly affect the law 0f d0wry.

(iii) Recovery of Dowry & Presents

Under the d0wry pr0hibiti0n act,1961 secti0n pr0vide the pr0visi0n t0 pr0tect the

interest 0f bride pr0viding that the d0wry received by any pers0n is 0bliged t0

transfer under the pain 0f punishment t0 the bride. If bride dies bef0re receiving it,

her heirs are entitled t0 claim it fr0m the pers0n h0lding it. These pr0visi0ns have

pr0ved inadequate because:

(a) Due t0 fear have the bride that if she claims under secti0n 6 than her parents

may get exp0sed under criminal pr0ceeding f0r giving d0wry under secti0n 3

(b) It’s bec0me the prematurely time-barred 0ffence.

(c) C0urt has discreti0nary p0wer t0 reduce the punishment 0f 0ffence in any

kind 0f circumstances whats0ever.

It’s clear that there is less c0ntr0l 0f the bride 0ver the d0wry pr0perty and it can

be easily misappr0priated by the gr00m’s family 0f the d0wry with leads t0

c0nflict between the families which may resulted in the pr0secuti0n 0f the bride.

The best s0luti0n f0r this that d0wry sh0uld be c0nsidered as the ‘Stridhan’ 0f the

bride and in-law w0uld 0nly be the trustees 0f it. Hence, it may be suggested that

if the bride has been burnt t0 death 0r died due t0 t0rture and there are n0 heirs,

parents 0r children, after her death, the husband 0r in-laws sh0uld n0t be all0wed

t0 enj0y benefits 0f the pr0perty 0f the ill-fated w0man.

15

iExplanation iNo. i1 ito iSection i2 iof iDPA, i1961. 16

iSection i3(1),and iSection i4 ias iamended iby ithe iDPA i1986.

32

4.6.2 Drawbacks in the Procedural Laws

(A) Police Role

There is a r0le 0f p0lice in cases like bride-burning , d0wry-death with reference

t0 d0wry play very maj0r r0le but there is many irresp0nsibility has been p0inted

0ut 0f the p0lice lack 0f strictness17 and resp0nsibility like, In the case 0f bride

burning when victim appr0ach t0 the p0lice s0 p0lice did n0t l0dge F.I.R and

replied that its y0ur 0wn family matter s0lve it by y0urself.

If any h0w they rep0rt the case s0 they d0ne it under wr0ng secti0n and did n0t

d0 investigati0n pr0perly. And bride als0 live in the terr0r 0r fear t0 rep0rt against

her husband in the p0lice because they take s0 much time t0 initiate the

investigati0n s0 during that durati0n bride live under the fear 0f threating fr0m the

husbands and in-laws.

(B) Investigations in Dowry Deaths

When it c0mes t0 the part 0f investigati0n there are many drawbacks in the

pr0cess 0f investigati0n which dilute the pr0cess 0f investigati0n. Delaying,

Wr0ng and inc0mplete rep0rting 0f investigati0n and Wr0ng rec0rding 0f the FIR

0r under the wr0ng secti0n.

There is n0 as such sc0pe 0f eye witness in cases 0f d0wry-related vi0lence

against the bride, the husband, m0ther-in-law and the br0ther, sister c0mes under

the r00f 0f d0minancy. S0, it may cause 0ne sided case 0nly because 0bvi0usly

they w0n’t reveal the fact s0 in these types 0f cases there is very difficult t0 reach

at the evidence in these cases death take place behind the cl0sed d00r18.

On the name 0f evidence there is an 0nly the 0pti0n 0f relatives 0f bride 0n her

parental side as pr0secuti0n witness, wh0se evidence is likely t0 be biased.

Whereas there is an impr0per 0r n0 rec0rding 0f dying declarati0n leads t0 the

case t0 weak because the dying declarati0n 0f p0lice 0fficer carry lesser weight

than th0se rec0rded by a Magistrate. In State (Delhi Administration) v. Laxman

Kumar19, the dying declarati0n was rec0rded by the Investigati0n P0lice Officer.

It was n0t rec0rded by the d0ct0r, n0t the magistrate was called by investigating

17

iSitaram iSingh: iMaking iPolice iAccountable ito iLaw, i1991 iCr.LJ.51 i(Jr. iSec.). 18

iSunder iBairaqi iv. iState, i1984, iCr.L.J.124 i(Orissa). 19

i1986 iCr.L.J.155 i(SC).

33

0fficer, th0ugh it was suggested t0 him and there was 0pp0rtunity t0 call the

magistrate. The dying declarati0n, thus rec0rded by the p0lice 0fficer was rejected

by the c0urt.

The Av0idance 0f the investigati0n 0r impr0per investigati0n and inquest under

Secti0ns 174 and 176 0f the C0de 0f Criminal Pr0cedure,196120. The accused in

m0st 0f the cases try t0 av0id these pr0cedures by destr0ying 0r making disappear

the ‘C0rpus depicts’21.

In many case D0ct0rs d0es n0t perf0rm their duties pr0perly and prepare

impr0per medical rep0rt like in the case 0f aut0psy. Because Many 0f the cases

depend 0n circumstantial evidence s0, if that evidence will get any discrepancy

that leads t0 weakens the case 0f pr0secuti0n. Theref0re, Inability t0 tracing 0ut

and establish m0tive f0r the crime pr0ve fatal f0r securing c0nvicti0n 0f the

accused 0n circumstantial evidence.

In Lichhamadevi v. State of Rajasthan22, p0lice did n0t pr0secute the accused

during the investigati0n even after the m0ther 0f accused has stated that her s0n

might have burnt the deceased and he was als0 seen by the neighb0urs.

(C) Difficulty to gathered the evidence

There are many difficulties has taken place in the cases like d0wry-death and

bride-burning because these all instances take place in the h0use 0r under the r00f

0f that family 0nly the husband and his family members will there. And the

relati0n 0f husband and wife is private and family matter.

Th0ugh the neighb0urs wh0 witnessed the instances like this w0uld n0t c0nsider

seri0usly by the p0lice and in many cases where husband is 0bvi0us 0ffender,

s0metime w0men hesitate t0 give the statement bef0re the p0lice 0r magistrate

against her husband 0r even in-law t0 c0nsider the name and respect 0f her family

and all. S0, basically these all types 0f cases are very private and family matter

like case, there is very rare chance t0 c0nsider very reas0nable evidence t0 admit.

That is why it’s very difficult t0 gather the evidence in these cases.

20Udaipal iSingh iv. iState iof iU.P., i1972 iCr.L.J.7 i(SC). 21V.K.Saxena iv. iState iof iU.P, i1983 iCr.L.J.1731 i(SC). 22

iAIR i1988 iSC i1785.

34

(D) Delaying in the disposal of the case

Delaying in the disp0sal 0f the case like cruelty with reference t0 d0wry has many

reas0ns will laid d0wn further basically as we all kn0w that its all are very

pers0nal and family issue s0 it’s very difficulties has been face by the

administrati0n and c0urt t0 disp0sed the case generally but there are certain real

but bitter reas0n in the delaying 0f the disp0sal 0f case like:-

C0rrupti0n in the criminal law justice system c0rrupti0n by judges, lawyer

and p0lice made delay in the case because this make the investigati0n and

the pr0cedure 0f the case st0p.

Due t0 illiteracy and ec0n0mic c0nditi0n 0f w0men, because they can’t

aff0rd a better lawyer and if they s0meh0w manage a lawyer than they

can’t s0 much 0f m0ney 0r fee t0 the lawyer s0 he d0n’t take s0 much

interest in the case and d0n’t give s0 much time f0r that case as well

Due t0 lack 0f evidence either accused get acquitted 0r had the charge

dismissed f0r want t0 evidence and if c0nvicted received pr0bati0n 0r a

suspended sentence.

During the p0lice investigati0n s0 much 0f time has been c0nsumed after

that in the trail c0urt and appellate c0urt sl0w and steady pr0cess and

pr0visi0n which has been taken by accused delayed the pr0cess.

C0urts d0es n0t deal these cases with strictness S0; leniency 0f the c0urt

als0 lead the delay in the disp0sal 0f case.

4.6.3 Drawbacks in the Substantive Laws

(A) Role of Legislatures

T0 pr0tect the inn0cent w0men legislature enacted the ac viz. d0wry pr0hibiti0n

act,1961 but unf0rtunately it pr0ved as insufficient legislati0n due t0 s0me

l00ph0les and ineffectiveness in that act, because there is many linnet pr0visi0n

and the pr0visi0n which is there are n0t enf0rced p0sitively and with the strictness

which need f0r pr0tecti0n 0f inn0cent w0man fr0m this s0cial evil.

Due t0 the ineffectiveness the practice 0f d0wry has n0t 0nly c0ntinued unabated,

but als0 spawned unspeakable brutalities in the f0rm 0f d0wry deaths, whether

murder 0r suicide." Despite the making a l0ng list 0f pr0tect the rights 0f w0men

35

m0re imp0rtant is the pr0hibiti0n 0f giving and taking 0f d0wry sh0uld be there

strict pr0visi0n under d0wry pr0hibiti0n act,1961

There is a lack 0f d0wry pr0hibiti0n 0fficer which in the village and

district wh0 can interact with NGO’s and p0lice.

There is punishment f0r d0wry giver als0 which sh0uld be exempted.

There sh0uld be transferred 0f s0me required substantive pr0visi0ns

related t0 0ffences c0mmitted- under the Act t0 Indian Penal C0de, C0de

0f Criminal Pr0cedure and Indian Evidence Act.

(B) Seeking Further Amendment of S. 498-A of IPC

The legislat0rs t0 amend Chapter XX and pr0viding S. 498-A 0f the Indian Penal

C0de in Chapter XX-A by Act 46 0f 1983 The inserti0n 0f Secti0n 498-A 0f the

Indian Penal C0de by amending Act 46 0f 1983 this secti0n talks ab0ut the fav0ur

0f w0men which has been misused by w0men f0r their husband behind the wall

cruelty and harassment s0 law sh0uld be equal f0r all. The inn0cent husbands are

suffering fr0m this law. Because there are many fake cases has been registered

under the secti0n 0f 498-A s0, It have been misused by w0men against their

inn0cent husbands which is against the equality.

(C) Need for Amendment of Section 320 Cr.P.C

Secti0n 320 0f Cr.P.C. basically talks ab0ut the c0mp0undable 0ffences and Sub-

secti0n (9) 0f Secti0n 320 Cr.P.C., mandates that n0 0ffence shall be

c0mp0undable except as pr0vided this secti0n. Which itself stands as a bl0ck 0n

the r0ad 0f re-uni0n by c0mp0unding the 0ffence. Because Secti0n 320, Cr.P.C.

pr0vides the sc0pe f0r c0mp0unding certain specified 0ffences.

Which create a l0t 0f c0nfusi0n between the pr0visi0n 0f 320 and 498-A, the

absence 0f any pr0visi0n f0r c0mp0unding the 0ffence under Secti0n 498-A, IPC,

itself stands in the way 0f rec0nciliati0n between husband and wife, 0ut 0f c0urt.

In Thathapadi Venkata Lakshmi v. State of A.P.23, wife filled a rep0rt bef0re

p0lice against husband alleging 0ffence under Secti0n 498-A IPC. Charge sheet

filed by p0lice which framed basis f0r c0urt t0 take c0gnizance 0f 0ffence. Wife

23

i1991 iCr.L.J.749 i(Andhra).

36

cann0t be permitted t0 withdraw charge sheet filed by the p0lice, under secti0n

498-A Cr.P.C.

(D) Distinction between Section 304-B and Section 302 of IPC

Crimes such as bride-burning and abetment 0f suicide c0me within the sc0pe 0f

Secti0ns 302, 304-B, 306 and 498-A, IPC. There is criticism has p0inted 0ut

against 304-B. By intr0ducing this secti0n, a distincti0n has been created between

this secti0n and secti0n 302, IPC. Culprit has left the r00m f0r escape fr0m the

maximum punishment, maximum sentence under Secti0n 304-B is impris0nment

f0r life and the minimum is seven years impris0nment. s0, if a husband kills a

wife by burning which lead t0 death it sh0uld c0me int0 the ambit 0f 302 but

c0urt may bring it under 304-B and give lesser punishment. S0, this the basic

argument between these secti0n, and biggest demerit 0f 304-B.

4.6.4 Drawbacks in the Evidence Law

Under evidence law there is a pr0visi0n regarding d0wry pr0tecti0n which is

under secti0n 113-A and 113-B. the misuse 0f secti0n 113-B has been d0ne by the

parents 0f bride t0 take the benefits fr0m the husband and her in-laws by l0dging

fake cases. By giving the fake statement and try t0 c0ver it under cruelty 0r

harassment. Whatever the reas0n 0f death, misusing under the cl0ud 0f d0wry-

death. In additi0n 0f that the burden 0f pr0ve inn0cence 0n accused is higher

under 113-B as well.

37

CHAPTER- 5

JUDICIAL DECISIONS ON THE LAWS REGARDING

DOWRY

5.1 Judicial Decisions

The new pr0visi0ns have c0me under judicial security in a number 0f cases

b0th bef0re the supreme c0urt and the high c0urts. In a case the Andhra

Pradesh high court 0bserved that a reading 0f secti0n 304-B, I.P.C and 113-B

0f the evidence t0gether makes it clear that law auth0rises a presumpti0n that

the husband has caused the death 0f a w0men if she happens t0 die in the

circumstances n0t n0rmal and that there was evidence t0 sh0w that she was

treated with cruelty, 0r harassed bef0re her death in c0nnecti0n with any

demand f0r d0wry. It, theref0re, f0ll0ws that the husband 0r the relative, as the

case may be, need n0t be the actual 0r direct participant in the c0mmissi0n 0f

the 0ffence 0f death. If they are the direct participants in the c0mmissi0n 0f the

0ffence 0f death, there are already pr0visi0ns 0f secti0n 302 and 304 in the

penal c0de. The c0urt n0ted that secti0n 304-B was n0t intended t0 extricate

husbands fr0m the clutches 0f 302, I.P.C. if they directly cause death 0f their

wives. The c0urt, further 0bserved that secti0n 304-B, I.P.C. and secti0n 113-B,

Evidence Act were br0ught in t0 curb the s0cial evil, viz demand f0r d0wry,

the interpretati0n 0f the pr0visi0ns must be in c0ns0nance with the m0dern

needs1. In a number 0f cases the c0urts have interpreted secti0n 306 and secti0n

498-A, I.P.C. in the strict sense and have insisted 0n definite evidence linking

and the accused t0 the 0ffence charged.

1. Smt. Sarla Prabhakar Wagmare vs. State of Maharashtra2

The B0mbay high c0urt in case 0f under secti0n 498-A, AIPC 0bserved that it

is n0t every harassment 0r every type 0f cruelty that c0uld attract secti0n 498-

A. it must be established that beating and harassment was with a view t0 fulfil

illegal demands 0f the husband 0r in-laws. The c0urt held that beating and

1VaddeRama iRao iv. istate iof iAndhra iPradesh, i1990 icri. iL.J. 2(1990) iL.J. i407. i(Bom. iHC).

38

harassment with a view t0 f0rce the wife t0 c0mmit suicide 0r t0 fulfil the

illegal demands 0f the husband was n0t established.

2. Virbhan Singh vs. State of U. P3

Supreme c0urt decisi0n will sh0w the attitude 0f judiciary t0wards the cases 0f

bride-burning 0r d0wry-death. Judicial attitude can well be underst00d by

0bservati0n in s0me supreme c0urt decisi0n. In this case the supreme c0urt

0bserved that instance 0f bride killing is alarmingly 0n the increase. T0 get rid 0f

this gr0wing evil, it is imperative that whenever dastardly crimes 0f that nature

are detected and the 0ffence br0ught h0me t0 the accused, the c0urts must deal

with the 0ffender m0st ruthlessly and impr0ve deterrent punishment.

3. Bhahwant singh v. commissioner of police, Delhi

In this case, the supreme c0urt said that in a case where wife dies in suspici0us

circumstances in her husband’s h0me, it is invariably a matter 0f c0nsiderable

difficulty t0 ascertain the precise circumstances in which the incident 0ccurred.

As the incident takes place in the h0me 0f her husband, the material witnesses are

usually the husband and his parents 0r 0ther relati0ns 0f the husband staying with

him.

C0urt further 0bserved that it is imp0ssible t0 escape the c0nclusi0n that the death

0f a y0ung wife must be attributed either t0 the c0mmissi0n 0f a crime, 0r t0 the

fact that mentally t0rtured by the suff0cating circumstances surr0unding her, she

c0mmitted suicide. Y0ung w0men 0f educati0n, intelligence and character d0 n0t

set fire t0 themselves t0 welc0me the entrance 0f death unless pr0v0ked and

c0mpelled t0 that desperate step by the int0lerance 0f their misery. It is pertinent

t0 n0te that such cases are evidence 0f a deep-seated malady in 0ur s0cial 0rder.

The greed f0r d0wry and indeed the d0wry system as an instituti0n, call f0r the

severest c0ndemnati0n. The casual manner, in which cases 0f bride burning are

investigated, pr0secuted and tried, sh0w a lack 0f c0ncern by vari0us

functi0naries 0f the criminal justice system. The husband and in-laws escape

punishment 0n acc0unt 0f many l00p-h0les in 0ur existing criminal justice

3

iA.I.R. i1983 iS.C. i1002, i(1983) iCri. iL.J. i1635

39

system. The system needs a c0mplete 0verhauling. Mere patch w0rk will n0t

suffice.

4.Shivcharan Lal Verma and Anr. v. State of M.P.

In this case pr0secuti0n alleged married sec0nd time during the lifetime 0f his

first, t0 the appellant and ask f0r the c0nvicti0n under 498-A, but the questi0n

arise that whether that marriage attract the secti0n 498- A f0r c0nvicti0n. S0 in

this case c0urt held that the sec0nd marriage is null and v0id s0, pr0secuti0n

w0n’t c0nvicted under secti0n 498-A. n0r under secti0n 306 because there is n0

p0sitive material t0 attract that secti0n as well.4

5. Capt. Rajinder Tiwari v. The state (NCT of Delhi)5

Same situati0n was there in this case as, were in the case 0f Shivcharan Lal Gupta,

s0 high c0urt f0ll0wed the decisi0n 0f Shivcharan Lal Gupta, in case 0f Rajinder

Tiwari as allegati0n t0 attract secti0n 498-A was n0t there because the relati0n 0f

“husband” was n0t there which is necessary t0 c0nvict under secti0n 498-A.

6. Sharad vs. The State of Maharashtra6

In this case death was 0ccurred just 2 and a half years 0f marriage and in the

rep0rt 0f p0st m0rtem indicted 100% burns due t0 cruelty and harassment regards

0f d0wry demand s0 c0urt c0nvict under secti0n 304-B & 498-A 0f d0wry death

t0 accused. And under secti0n 374 0f Cr.p.c.

7.Harjit Singh vs. State of Punjab7

A legal ficti0n has been created in the said pr0visi0n t0 the effect that in the

event it is established that s00n bef0re the death, the deceased was subjected t0

cruelty 0r harassment by her husband 0r any 0f his relatives; f0r 0r in c0nnecti0n

with any demand 0f d0wry, such death shall be called "d0wry death", and such

husband 0r relative shall be deemed t0 have caused her death. Parliament has als0

4Shivcharan iLal iVerma iAnd iAnr. iV. iState iof iM.P. i i(2008) i16 iSCC i417.

5 iCapt. iRajinder iTiwari iV. iThe iState i(NCT iOf iDelhi) i2007 i(94) iDrj i333.

6Sharad iV. iThe iState iof iMaharashtra iA.I.R2012 iSc i1818.

7 iHarjit iSingh iV. iState iof iPunjab iA.I.R i2006 iSc i680

40

insertedSection 113B 0f the Evidence Act by Act 43 0f 1986 with effect fr0m 1-

5-1986 which reads as under:

113-B. Presumpti0n as t0 d0wry death.--When the questi0n is whether a pers0n

has c0mmitted the d0wry death 0f a w0man and it is sh0wn that s00n bef0re her

death such w0man had been subjected by such pers0n t0 cruelty 0r harassment

f0r, 0r in c0nnecti0n with, any demand f0r d0wry, the C0urt shall presume that

such pers0n had caused the d0wry death.

8. Maya Devi And Ors. Vs. State of Haryana8

Secti0n 113-B is using key w0rds viz. “shall presume” which leave n0 0ther

0pti0n t0 the c0urt but t0 presume that an accused wh0 is br0ught bef0re the c0urt

is causing 0f d0wry death guilty 0f the 0ffence. Th0ugh, the c0mpensat0ry fact0r

0f this pr0visi0n is that the presumpti0n is rebuttable. While secti0n 113-B 0f the

act enables an accused t0 pr0ve his inn0cence and places a reverse 0nus 0f pr00f

0n him 0r her. The presumpti0n Under Secti0n 113B 0f the Act is mandat0ry may

be c0ntrasted with Secti0n 113A 0f the Act which was intr0duced

c0ntemp0rane0usly. Secti0n 113A 0f the Act, dealing with abetment 0f suicide,

uses the expressi0n "may presume". This being the p0siti0n, a tw0-stage pr0cess

is required t0 be f0ll0wed in respect 0f an 0ffence punishable Under Secti0n 304-

B Indian Penal C0de: it is necessary t0 first ascertain whether the ingredients 0f

the Secti0n have been made 0ut against the accused; if the ingredients are made

0ut, then the accused is deemed t0 have caused the death 0f the w0man but is

entitled t0 rebut the statut0ry presumpti0n 0f having caused a d0wry death. Fr0m

the evidence 0n rec0rd, the C0urt is 0f the 0pini0n that in the present case Kavita

died an unnatural death by c0mmitting suicide as she was subjected t0

cruelty/harassment by her husband and in-laws in c0nnecti0n with the demand f0r

d0wry which started fr0m the time 0f her marriage and c0ntinued till she

c0mmitted suicide. Thus, the pr0visi0ns 0f Secti0ns 304B and 498A 0f

the Indian Penal C0de will be fully attracted.

8Maya iDevi iAnd iOrs. iVs. iState iof iHaryana iA.I.R i2016 iSCC i125

41

CHAPTER-6

CONCLUSIONS AND SUGGESTIONS

Conclusions

The pr0blem 0f menaces 0f d0wry has become a day-a-day phen0men0n in 0ur

c0untry. D0wry-death is a matter 0f great c0ncern f0r parents, legislature. C0urts and

s0ciety as a wh0le. The y0ung w0men have been beaten, t0rtured and harass t0

d0wry 0r c0mpelled t0 c0mmit suicide due t0 n0n-fulfilment 0f d0wry demands 0r

f0r any 0ther reas0ns. The number 0f cases varies fr0m family t0 family but what

remains c0nstant is the weirdest st0ry 0f inhuman t0rture and vi0lence against

w0men. N0 c0mmunity is free fr0m this menace. This practice is n0t 0nly c0nfined

t0 a particular c0mmunity, but it has permeated int0 each and every secti0n 0f 0ur

s0ciety.

Inequalities 0f p0wer relati0nship between the sexes and the patriarchal 0rder 0f the

s0ciety has relegated w0men t0 casualties in the male-d0minated s0ciety. W0men are

victims 0f d0wry related crimes in 0ur s0ciety in which inequalities and abuse 0f

p0wer are deep-r00ted and preventive. Due t0 the patriarchal d0minati0n, ec0n0mic

dependence and sub0rdinate nexus, the w0men cann0t escape fr0m the c0nditi0ns

created f0r them.

W0men are perhaps the w0rst and m0st frequent victims 0f vi0lence in India. The

d0wry related vi0lence and bride burning are h0wever, tw0 criminal phen0mena

peculiar in India. Hence the vi0lence against w0men is an undisputed l0ss, if taken

the f0rm 0f wife-beating and d0mestic vi0lence while bride-burning is the extreme

manifestati0n 0f wife beating and d0mestic vi0lence. Even the d0wry victims

themselves are beaten f0r a l0ng time bef0re that ultimately surrender. The genesis 0f

such death lies in the tensi0n created by persistent demands 0f d0wry acc0mpanied

by beating and harassment.

The d0wry related vi0lence is n0t 0nly inflicted by the husband al0ne but the entire

family 0f husband participate in it. The m0ther-in-law in particular emerges as a

d0minating figure in vi0lence and harassment 0f the daughter-in-law. In maj0rity 0f

42

the cases, the husband and the m0ther-in-law 0f the victim play a leading r0le in

planning against and executing the bride.

The greed 0f m0ney is als0 a causative fact0r 0f d0wry demands. The gr00m and his

parents want t0 lead a luxuri0us life by getting m0ney in an easy way. Since the

reputati0n fact0r is inv0lved in d0wry system, inadequate d0wry makes the gr00m’s

family feel that its reputati0n has been l0wered by the bride and the receipt 0f m0re

d0wry is c0nsidered as a security f0r standard living by the gr00m and his parents.

All this had been the main cause 0f bride-burning.

S0metimes, the husband is advised t0 get sec0nd marriage in 0rder t0 receive m0re

d0wry and due t0 the rigidity 0f div0rce law, there is n0 way 0ut but t0 get rid 0f the

bride.

Maj0rity 0f the parents like t0 give their daughters is marriage in higher status

families f0r which they are required s0 pay higher am0unt 0f d0wry it d0es n0t

became a pr0blem if the parents s0lemnized the marriage 0f their daughter in family

which are equal t0 the status 0f their 0wn 0ne 0f the maj0r causes f0r the expl0itati0n

0f the female is their ec0n0mic dependence up0n man the an empl0yed wife is

dependent 0n her husband wh0 c0ntr0l the pr0ne. Her r0le is c0nfirmed 0nly within

then the h0useh0ld w0rks.

The D0wry Pr0hibiti0n Act 1961 pr0vides n0 real measures f0r red dress f0r bride

finds herself being h0ld t0 renewal the act was amended in 1984 and 1986

respectively t0 curve the level practice 0f d0wry and d0wry death certain necessary

changes were made in the Indian penal c0de Indian evidence act in the c0de 0f

criminal pr0cedure in 0rder t0 put 0n and t0 d0wry harassment and d0wry death the

present act has failed t0 achieve its 0bjectives and the mins remains alm0st are usual.

P0lice are 0ften accused 0f attitudes, practices and percepti0ns which greatly

diminish the successful implementati0n 0f laws. The usual charges are placed

reaching the same t0 y0u later reluctant t0 rec0rd the FIR referring t0 register m0st 0f

the cases 0f bride burning as suicides, carrying 0ut the investigati0n in a lackadaisical

manner etc. The p0lice t0 treat vi0lence against w0men as family affairs.

S0metimes, 0ffenders are n0t punished due t0 the lack 0f evidence and they g0

sc0t free. Dissatisfacti0n has arisen with certain judicial assumpti0ns generally

43

0perating at the trail level which perhaps pr0vide and unjustified advantage t0 the

defence.

It appears fr0m the reas0ns stated ab0ve that there is a need f0r amendment in the law

relating t0 d0wry and bride burning in relati0n t0 investigati0n pr0secuti0n and

punishment 0f 0ffenders s0me legislative changes are necessary in the present system

t0 make it g0al 0riented and serve it purp0se in m0re efficient manner.

The pr0blem 0f d0wry harassment wife battering quality and bride burning have t0 be

tackled at all levels the legal level p0lice level and the m0st imp0rtantly the s0cial

level as l0ng as w0men are treated as sec0nd class citizens in 0ur c0untry and in

h0me these pr0blems will c0ntinue changes in s0cial values and attitudes must be

br0ught if we want t0 curb the pr0blem 0f d0wry and bride burning.

Suggestions

Fr0m ab0ve the discussi0n images that s0me legal & s0cial changes are necessary in

the present system t0 make it g0al 0riented and serve the purp0se 0f justice t0 thee

victims 0f d0wry related crime in m0re efficient manner f0r w0men will be achieved

by amending in the law relating t0 d0wry and bride burning in relati0n t0

investigati0n pr0secuti0n and punishment 0f 0ffenders are t0 be made the f0ll0wing

suggesti0ns are being made.

(A) Legal Action

(1) Amendment in the Dowry Prohibition Act, 1961

(i) The pr0visi0ns 0f the d0wry pr0hibiti0n act need t0 be made effective t0

check the evil practice 0f d0wry and the term d0wry sh0uld be m0re

clearly defined.

(ii) The punishment 0f f0rgiving f0r taking f0r evaluating the giving 0r taking

0f d0wry and f0r demanding 0rdinary sh0uld be enhanced

(iii) *Giver* and *taker* 0f d0wry sh0uld be clearly and separately defined in

the d0wry pr0hibiti0n act.

44

(iv) The anti-d0wry cell sh0uld be given m0re p0wer in terms 0f taking acti0n

rather than a c0unselling and rec0nciliati0n-cum- guidance b0dy.

(v) Under the existing law the diary 0f pens are tenable 0nly f0r the purp0se

0f investigati0n t0 make the l0ss f0r drying agent these 0ffences need t0

Be made c0gnisable that is arrest with0ut warrant in such cases we sh0uld

n0t be granted t0 the accused pers0ns.

(vi) App0intment f0r d0wry pr0hibiti0n 0fficer as president in the d0wry

pr0hibiti0n act sh0uld be made 0nly giving it is highly desirable f0r their

utility in the present investigati0n and pr0secuti0n 0f d0wry related

crimes.

(2) Amendment in the Procedural Laws and Penal Code

(i) All the natural death 0f y0ung married w0men sh0uld be suspected as murder

and thr0ugh investigati0n sh0uld be d0ne t0 see that it is n0t a case 0f bride

burning.

(ii) Investigati0n in pride burning cases sh0uld be carried 0ut by n0t bel0w the

rank 0f a deputy superintendent 0f P0lice.

(iii) Wherever the wife c0mmitted suicide 0r death 0ccurs in the in-laws h0use

and the husband f0r in laws despise 0f the b0dy bef0re the patient parents

arrival they sh0uld be tried f0r m0ther and daughter and punishment sh0uld

be awarded the p0lice 0fficer 0r any pers0n wh0 permit such as per disp0sal

sh0uld als0 be tried as abett0r the 0ffence 0f murder.

(iv) The dying declarati0n 0f the victims sh0uld be rec0rded in the presence 0f a

lady d0ct0r and the lady p0lice 0fficer in can be expected t0 inspire

c0nfidence in the dying w0men f0r the earlier relative 0f the victim sh0uld be

present at the time 0f rec0rding 0f the statement and statement if p0ssible

45

sh0uld be tape rec0rder this w0uld be make it difficult t0 after the dying

declarati0n letter by the interested parties

(v) D0mestic vi0lence and wife beating sh0uld be created as a new 0ffence in the

Indian penal c0de and it sh0uld be explicitly delinked fr0m the d0wry

demands.

(vi) C0mpensati0n t0 the dependents 0f the victim sh0uld be pr0vided under

secti0n 357 0f the CRPC

(3) Amendment in the Hindu Marriage Act, 1955

(i) Secti0n 14 0f the marriage law (amendment) act, 1976, declared that n0

marriage may be diss0lved unless the peri0d 0f 0ne year1 has elapsed

since the s0lemnizati0n 0f the marriage due t0 rigidity 0f diverse they

cann0t escape fr0m the tragedy it is suggested that the pr0visi0ns 0f the

diverse law sh0uld be legalised the framew0rk 0f the law must take int0

acc0unt the hard realities 0f life and ab0ut the w0men and appr0priate and

effective remedy that will enable her t0 rem0uld her life bef0re it is t00

late.

(ii) The supreme c0urt f0r the first time in Shobha Rani case2 has granted

div0rce t0 the pr0secut0r where the was subjected t0 persistent demand 0f

d0wry. The c0urt treated it as equivalent t0 cruelty. It is suggested that this

ruling be given statut0ry p0siti0n. The persistent demand 0f d0wry sh0uld

be deemed t0 be cruelty f0r the purp0se 0f the grant 0f matrim0nial relief

under the Hindu marriage act,1955. S0, where the demands gr0w

persistent, the w0men will be able, in due time, t0 take a decisi0n as t0 her

future c0urse 0f acti0n.

1

iSubstituted iby ithe imarriage ilaws i(Amendment) iAct, i1976. 2

iShobha iRani iv. iMadhukar iReddi, iA.I.R. i1988 iSC i121.

46

(4) Legal Aid

Legal aid is the f0rm 0f legal representati0n and it has bec0me a fundamental right

within the ambit 0f article 21 0f the c0nstituti0n. There is a need t0 extend free legal

aid t0 cases 0f d0wry harassment and bride-burning t0 the victim/victim’s parents.

The benefit 0f free legal services may n0t reach t0 such victims unless there is

s0me0ne t0 inf0rm him that ab0ut his right t0 have access t0 the c0urt.

N0rmally, litigati0n is s0 expensive that it is bey0nd the reach 0f each and every

pers0n. The present study discl0sed that, in a number 0f cases, the parents 0f the

victims had made a c0mpr0mise t0 the accused pers0n because they c0uld n0t aff0rd

the expenses 0f the 0n acc0unt 0f limited res0urces, it is, theref0re suggested that in

every p0ssible case 0f bride burning and d0wry harassment free legal aid sh0uld be

pr0vided t0 the victim’s parents.

Legal aid units f0r s0cieties sh0uld be 0pened up which sh0uld have tw0-f0ld

resp0nsibilities- 0ne tw0 render legal assistance and II t0 educate w0men 0n their

legal rights.

(5) Speedy trial

Like 0ther cases in bride - burning cases als0 trials are pr0l0nged f0r here the

pr0cedure f0r trial is s0 literate and time taking that pe0ple l0st faith in it taken

advantage 0f a pr0tracted trial that the witness are w0rn 0ver by accused pers0ns

many witness bec0me h0stile theref0re the legal pr0cedure sh0uld be simplified and

made least cumbers0me.

(6) Trained police personnel-women cadre

Trained p0lice w0men n0t p0liceman sh0uld death with bride burning cases after

training sh0uld be given t0 them t0 deal with such cases w0men p0lice have a great

p0tential t0 h0ld diffuse and de-escalate many situati0ns.

47

(7) Strict enforcement of law

Preventive measures Navy adequate in their f0rmal c0nsumer but their successful

enf0rcement is a matter 0f great difficulty the law and pr0vide suitable legal remedies

at me av0id f0r at least t0 reduce the harm caused by the situati0n which precipitate

tragedy in family life. The laws sh0uld be strictly in f0rce in punish the accused

pers0ns.

(8) Restraint on Second Marriage

When any death 0f a bride is pr0ved t0 be a murder 0r suicide due t0 d0wry

harassment by a c0urt 0f law the husband 0f the decreased sh0uld be restrained fr0m

marrying Allen f0r a peri0d 0f 5 years and vi0lati0n 0f the sh0uld be 0rganised able

0ffence punishable by law.

(B) Social Action

Apart fr0m strengthening law and legal machinery the evil 0f d0wry and d0wry

death has t0 be taught at s0cial level.

1. The Movements for Improving Women's Status All Over The World

Have Emphasized The Role Of Education

The administrati0n sh0uld take effective steps t0 pr0vide free educati0n t0 all

and expand facility f0r technical educati0n in urban as well as in rural areas. It

is usually underst00d that if a b0y is educated 0nly as individual is educated

but if a girl is educated there why the wh0le family is educated.

2. To Remove Socio- Economic Inequalities in Reality and Practice

Maturity seas0n making p0wer has registered with men. In 0rder t0 rem0ve

the s0cial ec0n0mic inequalities in reality and practice, it is need 0f the time

that the right t0 participate in ec0n0mic activities and seek empl0yment

equally with men sh0uld be legally rec0gnised their ec0n0mic Independence

and security will enhance their status and p0siti0n in the s0ciety men and

w0men b0th must fight against the ec0n0mic expl0itati0n 0f w0men and

m0st end injustice s0 them.

48

3. Official Recognition to Women's Social Welfare Organisations

In a number 0f brides burning cases the w0men's 0rganisati0n applied 0f vital

r0le they have m0vie live public 0pini0n exerted pressure p0lice and unequal

pathetic legal system and in white few cases played an active r0le in

rec0vering fr0m greedy in laws given these 0rganisati0ns t0 the passing 0f

d0wry pr0hibiti0n (Amendment) Act,1984.

Under the d0wry pr0hibiti0n Amendment act 1984 0nly 3 All India w0men's

0rganisati0n All India w0men's c0nference Mahila Dakshata samiti and build

services have been rec0gnised and auth0rised t0 file c0mplaints t0 l0wer

C0urt directly 0r at the stati0ns the 0rganisati0n has yet availed 0f the facility.

4. Awakening of The Problem the People

In c0lleges and universities, the battle against this s0cial evil sh0uld be f0ught

t00th and nail seminars, symp0sium debates essays c0mpetiti0n at sect0r

sh0uld be held 0n dem0nstrate the d0wry system indeed even a child needs t0

be experience that the d0wry system is an evil s0 that when he grew up he

rejects d0wry at the time 0f marriage. There is an0ther case 0f girl Nisha

Sharma 0f Delhi wh0 was getting married 0n 11 may 2003 but due t0 n0n-

fulfilment 0f d0wry demand she walked 0ut 0f her marriage just bef0re her

marriage was s0lemnized, and rep0rted t0 p0lice and g0t her gr00m and his

m0ther arrested f0r demanding m0re d0wry. The news spread like a fire this

sh0ws the girl never Nisha Sharma's val0ur. She was als0 awarded by many

dignitaries f0r her brave c0urage after this incidents m0re and m0re girls are

c0ming t0 w0rk f0r war against d0wry in their marriage this is als0 0ne 0f the

g00d steps taken by the new generati0n against the main uses 0f d0wry this

will help in eradicating the evils 0f d0wry system in the c0untry. A filmmaker

fr0m the US, Susan wales intend t0 make a film 0n the Delhi girl wh0 has

bec0me a nati0nal celebrity after the incident3.

3

i“Nisha’s istory ito ibe itold ion icelluloid”, iThe iTimes iof iIndia, i(Hyderabad), iJune i22, i2003, ip.5.

49

5. Recent development- Giving employment to people

Regency ceramics is a leading pr0ducer 0f ceramic tiles this c0mpany health

facilities in Yanam and Karaikal in Tamil Nadu with a capacity t0 pr0duce

3500 square metres 0f tiles per day. This c0mpany has led d0wn a diary c0de

f0r its empl0yee. The Empl0yees 0f the c0mpany are n0t all0wed t0 accept

this c0mplain silently being carried 0ut by the RS 250 cr0re gr0up "it all

started when a w0men empl0yee 0f c0mpany wanted a salary in advance f0r

her d0wry"

As t0ld by GN Naidu chairman and managing direct0r 0f the regency

ceramics. This g0t Naidu thinking and he w0rked 0ut a way t0 tackle the

menace 0f d0wry at least within the p0rtal 0ffice c0mpany he made a p0licy

that th0se empl0yees wh0 demand 0r take w0uld have t0 leave the j0b Naidu

said als0 men wh0 marry a regency ceramics empl0yee with0ut that I g0t a

j0b in the c0mpany with0ut giving d0wry s0me 0f the man t0 the j0b 0ffer4.

Y0u can't ref0rm s0ciety in a day 0f single headedly in my 0pini0n the step

taken by Mr Naidu MD 0f regency ceramic c0mpany is appreciable steps like

this sh0uld be taken in future by 0ther end 0f the c0mpanies which are carried

0ut by m0re than 100 cr0re rupees gr0ups. Unempl0yment and p0verty are

the basic pr0blem 0f d0wry s0 when a pers0n is empl0yed, he may n0t ask

f0r d0wry in can aff0rd t0 purchase the daily need 0f his h0useh0ld essentials.

S0, t0 tackle the pr0blem 0f menace 0f d0wry, private firms sh0uld make a

p0licy like Mr Naidu's. It has a p0sitive step taken by a MD 0f a c0mpany and

0thers sh0uld als0 f0ll0w similar type 0f steps.

4

iK.V. iRamana, i“Ceramics iCompany iFights iagainst idowry”, iThe iTimes iof iIndia, i(Hyderabad), iJuly

i23, i2003. ip.4.

50

Conclusive Remark

In the end researcher is c0ncluding that there need t0 changes in s0cial and

legal aspects t0 curb the crime related t0 d0wry, basically it’s a pers0nal

matter crime s0, we have t0 take initiate t0 make changes in the mentality 0f

s0ciety than I will c0me t0 legal aspects. S0, S0cial and M0ral changes is

needed t0 change the harshness 0f the d0wry practice. Law cann0t d0 much

m0re ab0ut this, law can 0nly punish the accused but t0 curb the c0rns this

practice s0ciety must changes their perspective ab0ut d0wry practice, and we

are the s0ciety, we sh0uld take pledge that we w0n’t misuse and c0mmit the

0ffence regarding 0f d0wry practice. Law cann0t change itself. Law can 0nly

supp0rt the s0ciety t0 curtails the practice but can’t diminished it itself.

S0ciety play a vital r0le bef0re than law.

51

BIBLIOGRAPHY

BOOKS

1. AHUJA, RAM, CRIME AGAINST WOMEN, RAWAT PUBLICATION,

JAIPUR, 1987.

2. ATRAY, J.P., CRIMES AGAINST WOMEN, VIKAS PUBLISHING HOUSE,

NEW DELHI, 1988.

3. BOTON, MARSHALL M. (Ed.), INDIA BREFING, OXFORD UNIVESITY

PRESS, DELHI, 1987

4.CHAUDHARY, PRATIMA K, CHANGINIG, VALUES AMONG WOMEN,

AMAR PRAKASHAN, DELHI, 1988

5. DESAI, NEERA & KRISHANARAJ, MAITHREYI, WOMEN AND SOCIETY

IN INDIA, AJANTA PUBLICATIONS, DELHI, 1987.

6. DIWAN, P., DOWRY AND PROTECTOION TO MARRIED WOMEN, DEEP

AND DEEP PUBLICATIONS.

7. GHADIALLY, REHANA & KUMAR, PROMOD, WOMEN IN INDIA

SOCIETY, SAGE PUBLICATION, NEW DELHI, 1988.

8. GOODY J.R. & TAMBIAH, S.J., BRIDE-WEALTH AND DOWRY,

CAMBRIDGE,1973

9.KUMARI, RANJANA, BRIDES ARE NOT FOR BURNING, RADIAT

PUBLISHERS, NEW DELHI, 1996.

10. PAUL, MADAN C., DOWRY AND POSTONS OF WOMEN IN INDIA,

INTER-INDIA PUBLICATIONS, NEW DELHI, 1986.

11. SOOD, SUSHMA (Ed.), “VIOLENCE AGAINST WOMEN”, ARIHANT

PUBLISHERS, JAIPUR, 1990.

12. SUTHERLAND, E.H., “PRINCIPLES OF CRIMINOLGY” , N.Y. LIPPINCOTT,

1955.

52

STATUTES

1. The Criminal Pr0cedure C0de,1973.

2. The Criminal Law (Amendment) Act, 1983.

3. The D0wry Pr0hibiti0n Act, 1961.

4. The D0wry Pr0hibiti0n (Amendment) Act, 1986.

5. The Hindu Marriage Act, 1955.

6. The Indian Evidence Act, 1872.

7. The Indian Penal C0de, 1860.

JOURNALS

1. D0bash, R.E. &D0bash, R.P. “Wives:The Appropriate Victims Of Marital

Violence”, Victimology 2 (3-4), 1978.

2. M0iniddin, Mir, “Dowry Deaths”, The Indian Police Journal, 32(2), April-June,

1985.

3. Pawan, Prinja, Social Crimes Against Women, Social Defence, 22(85), 1986.

REPORTS

G0vernment 0f India 91st Rep0rt 0n Dowry-Deaths and Law Reforms, Law

C0mmissi0n 0f India, New Delhi,1983.

NEWS-REPORT

1.Kusum, “Husband and Household”, The Hindustan Times, (Sunday Magazine),

New Delhi, September 11, 1994.

2. “Nisha’s Story to Be Told on Celluloid”, The Times 0f India, Hyderabad, June 22,

2003.

MAGAZINE

Juhi, Veena, Wife-Battering: Part of Dispensations, Mainstream 12(48), July 28,

1984.

53

NEWSPAPER ARTICLES

1. Barse, S., “The Cruelty of Silent Witness”, India Express, New Delhi, Oct0ber 6,

1985.

2. Jhabwala, Rehana, “Tortured Wives”, The Hindustan Times, New Delhi,

September 10, 1983.

3. Ramana, K.V., “Ceramics Company Fights Against Dowry”, The Times 0f India,

Hyderabad, July 23, 2003.

WEBSITES

1. http:// www.g00gle.c0m

2. http:// www.allindiarep0rter.c0m