DOWRY

The cancer of society

Submitted to: Miss Priyanka Submitted by: Poonam Puri

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Contents
Introduction..3 Causes.6 Census.8

Steps taken by government and recommendations in constitution.11 Case Study18

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Introduction
Dowry or Dahej is the payment in cash or/and kind by the bride's family to the bridegroom' s family along with the giving away of the bride. Dowry originated in upper caste families as the wedding gift to the bride from her family. The dowry was later given to help with marriage expenses and became a form of insuar-ance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics.

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The practice of dowry abuse is rising in India. The most severe in bride burning, the burning of women whose dowries were not considered sufficient by their husband or in-laws. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society. Though prohibited by law in 1961, the extraction of DOWRY from the bride's family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burn the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours . The number of dowry murders is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed . It is important to reiterate that these are official records, which are immensely under reported. The lack of official registration of this crime is apparent in Delhi, where ninety percent of cases of women burnt were recorded as accidents, five percent as suicide and only the remaining five percent were shown as murder. According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowrydeaths under a 1986 amendment to the Indian Penal Code
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(IPC), convictions are rare, and judges (usually men) are often uninterested and susceptible to bribery. Recent newspaper reports have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal Pradesh.

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Causes
Dowry has been approved as integralcomponent of marriage as an institution. However its modes of expressions vary from people to people, depending their educational, occupational, cultural, regional and ethnic backgrounds. Dowry in cash and gold (ornaments) occupy either first or second priority for all sections of society, vehicles as a third priority while the parents would go for landed property or a residential house instead. Higher education and occupation of higher positions in society have not been able to bring change in the attitude towards dowry.

1) Dowry being the traditional, done thing, an accepted norm existing for generations to renegade is difficult. This is why dowry continues. 2) Dowry system continues out of necessity. Examples: A family accepts dowry for boy in the family (even though wanting to stop the traditional practice) out of compulsion that arises because the girl in the same family when wedded has to give dowry. The family justifies saying we take dowry for the boy because we have to give dowry for the girl. Another reason is when the boy's father has borrowed huge sums of money for the boy's education. The loan and its interest is mounting. It becomes imperative for this family to take dowry so that the money borrowed can be returned. Often while taking loan the money that will come into the family from dowry is figured in. So also, most parents keep
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saving for dowry from the time of birth of the female child because of the inevitable certainly of having to pay dowry at the time of girl's wedding. These two examples show pragmatic causes of dowry system prevailing through ages till now. ORIGINAL CAUSE FOR THE ANCIENT DOWRY SYSTEM 3) Originaly dowry acted as offering of insurance policy for those who got married. Dowry was safeguard for the girl in eventuality of being deserted by husband or becoming widow.

Other Reasons:
1. The poverty in India. 2. The low status of woman in past. 3. The orthodox mentality of the people in past. 4. Provides an occasion for people to boost their self esteem through feasts and displays of material objects. 5. Makes alliances with the families of similar status.

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Census

Though prohibited by law in 1961, the extraction of DOWRY from the bride's family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burn the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours . The number of dowry murders is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed . It is important to reiterate that these are official records, which are immensely under reported. The lack of official registration of this crime is apparent in Delhi,
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where ninety percent of cases of women burnt were recorded as accidents, five percent as suicide and only the remaining five percent were shown as murder. According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowry-deaths under a 1986 amendment to the Indian Penal Code (IPC), convictions are rare, and judges (usually men) are often uninterested and susceptible to bribery. Recent newspaper reports have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal Pradesh.

Incidence of Dowry deaths in India, state, year wise

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Steps taken by government and recommendations in constituition

The Dowry Prohibition (DP) Act(1961) Introduced and taken up by then Indian law minister Ashoke Kumar Sen, this Act prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage", where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of up to Rs. 15000 or the amount of dowry whichever is higher and imprisonment up to 5 years. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. Section 4 of the said Act states: 4. Penalty for demanding dowry.- If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for an adequate and special reasons to be mentioned in the

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judgment, impose a sentence of imprisonment for a term of less than six months. However, as per section 3 of the Act, both the giver and the receiver are sought to be punished. 3. Penalty for giving or taking dowry.- [(Note: Section 3 renumbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:] Provided that the Court may, for a adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.] (2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, (a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf). (b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf). Provided that such presents are entered in a list maintained in accordance with the rules made under this Act. Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is
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not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given. IPC Section 406 This section, for offences related to Criminal Breach of Trust, is usually applied in investigation of stridhan recovery from the husband and his family. Offences under this section are bailable and cognizable. Section 406. Punishment for criminal breach of trust Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. IPC Section 304B This Section of the Indian Penal Code was inserted by a 1986 amendment. The wording of the law states: Section 304B. Dowry death (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.
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Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. IPC Section 498A Section 498A was inserted into the Indian Penal Code in 1983 via an amendment. It reads: 498A. Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, "cruelty" means(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.

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This section is non-bailable,non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable. Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent. After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint. Status of Second wife under Anti-Dowry Law- I [2008] DMC 279- Bombay High Court- Justice C.L. Pangarkar Ranjana Gopalrao Thorat Vs. State of Maharashatra- Hindu Marriage Act,1955Section 17BigamySecond wife cannot assume a character as wife--- It is no marriage in eyes of law [Pg.280 {Para6}]-- Indian Penal CodeSection 498A crueltyword relativemeaning of- Person who is related to husband either by blood or marriageThus she does not fall within scope of Section 498A-- Indian Penal Code Pg.280 {Para6}] "Every Suicide After Marriage cannot be presumed to be Suicide due to Dowry Demand"- 2011[1] JCC Page No.668- In The High Court of Delhi- Honble Mr. Justice Shiv Narayan Dhingra- Dated: - 2 December 2010- Rani Vs. State of NCT of Delhi- Criminal Appeal No. 93 of 2004- Indian Penal Code, 1860- Section 304B/ 498A Read With Section 34- Convictionallegation of demanding of Rs.50,000/- and scooter were vague in nature- Whether it was done by husband, mother15 | P a g e

in-law or father-in-law- Answers to all these questions are absentIngredients of Section 304B IPC were totally absentUnnatural Death can be called a dowry death only if after making a demand made by accused is not fulfilled by perpetuation of cruelty upon the victim- The list of dowry show that both parties belonged to poor strata of society- No evidence, whatsoever was collected by police about the real facts- Every suicide after marriage cannot be presumed to be a suicide due to dowry demand- The tendency of the court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck. Domestic Violence Act (2005/2006) The above being criminal remedies, a civil remedy was brought into the picture in 2005 (amended in 2006). This was called the "Protection of Women from Domestic Violence Act". For the purpose of this act, Domestic Violence includes the demand for dowry: For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

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(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. This Act empowered the lower courts to issue "protection orders" on the complaint of a woman against her male relatives. The protection orders could include restraining orders on the husband and others, monetary compensation, and residence orders. Though it is a Civil remedy, violation of protection orders result in Criminal penalties (including imprisonment).

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Case Study
May 27: Young housewife burnt alive for dowry LUCKNOW: For nineteen-year-old Rinki dreams of a happily married life was never to be. Barely a month after her marriage, she was allegedly tortured and then set ablaze by her in-laws for dowry in Indiranagar in the small hours of Saturday. Daughter of late Gyan Chand, a fish contractor who expired a year ago, Rinki was married to Anil on April 19... However, soon after the marriage, Balakram [Anils father] demanded a colour television instead of a black and white one and a motorcycle as well. When Rinkis mother failed to meet their demands, the teenage housewife was subjected to severe physical torture, allegedly by her husband and mother-in-law... On Saturday morning she [her mother] was informed that Rinki was charred to death when a kerosene lamp accidentally fell on her and her clothes caught fire. However, at first sight it appeared that the victim was first attacked as her teeth were found broken.

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