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UNIVERSITY OF PETROLEUM AND ENERGY STUDIES COLLEGE OF LEGAL STUDIES DEHRADUN Family Law Research Paper Dowry Deaths in Rural Sectors in India

Submitted to: Dr. Lakshmi Priya Vinjaymuri ASST. PROFESSOR COLS, UPES

Submitted by: Abhishek Chhabra 500011974 B.A LLB (IVth SEM)

INDEX

1. Introduction to Dowry..3 2. Dowry Death..3 3. SEC 498(A).4 4. Presumption as to Dowry Death4 5. Distribution of Dowry Deaths in Karnataka...5 6. Investigation of dowry Death cases5 7. What constitutes offence in dowry death cases?.......................5-7 8. Dowry Death in rural sectors of Bihar7 9. Statistics of Dowry Death in India..7-8 10.Cases related to Dowry Deaths.9-11 11.Bibliography ..12

Introduction Dowry
According to Sec.2 of the dowry prohibition Act, 1961: In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly. (a) By one party to a marriage to the other party to the marriage, or (b) By the parent of either party to a marriage or by any other person, , to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. The word dowry should be any property or valuable given or agreed to be given in connection with the marriage. The customary payments in connection with birth of child or other ceremonies are not involved within ambit of dowry; Satbir Singh v. State of Punjab, AIR 2001 SC 2828.1

Dowry Death
Section 304B of the IPC defines the offence of dowry death and prescribes punishment for dowry death. The death of a woman should be cause by any burns or bodily injury or occur otherwise than under normal circumstance, the death should have occurred within seven years of her marriage, it should be shown that soon before her death she was subjected to cruelty or harassment by her husband or any relatives of her husband. The cruelty or harassment should be for or in connection with any demand for dowry. Sec. 304(b) of dowry death of indian penal code states that: 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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Satbir Singh v. State of Punjab, AIR 2001 SC 2828.1

Sec 498(A)
Husband or relative of husband of a woman subjecting her to cruelty.Whoever, being the husband or the relative of the husband of a woman, subjects 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.

Why do people misuse IPC 498(a)?

Legal Extortion Get-rich-quick-scheme to extort large amounts of money. Prior Relationship Wife has a prior relationship, and cannot get out of it. She marries to satisfy her parents, and then misuses the 498a law in order to obtain a divorce. Adultery Women who indulge in adultery use 498a as a bargaining tool. Domination Wife wants the husband to abandon his parents and siblings, and have total control over his finances and social behavior, including his lifestyle. Custody - Deny the father and his family access to their child(ren). Fraudulent Marriages - in which the bride (and her family) hides her education level or mental health; and when is justifiabily asked to free the person who has gone into marriage without knowing the full facts; she files a false 498a case.

Presumption as to Dowry Death

The Evidence Act was amended simultaneously with the insertion of section

304B in the Penal Code by the same Amendment Act. The Indian Evidence Act section 113 B provides for the presumption as to dowry death. As per this section: When the question is whether a person has caused the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused such dowry death. This presumption will arise only when the prosecution has established the

basic element of demand of dowry. The initial burden lies in the prosecution to prove the ingredients of section 304B, including the fact that soon before her death she had been subjected

to cruelty or harassment for or in connection with any demand for dowry. The presumption against the accused person that the has caused dowry death.

Distribution of Dowry Deaths in Karnataka

Karnataka police took the first major step in tackling the menace of increasing Dowry death cases in 1980. At that time all cases where a woman ties within 5 years of a marriage were to be investigated by an officer of or above the rank of deputy or the assistant superintendent of police. With the post-mortem to be held by team of two doctors. After the criminal law (second amendment) Act, 1983 it made mandatory to do investigation in case of unnatural death of a woman within seven years of a marriage. On 23-4-1987 a law circular No.4897 made it mandatory that all cases of unnatural death of a women within 10 years of marriage should be investigated.

Investigation of dowry Death cases

Dowry death cases have become sensational topical issues these days with the public being highly sensitised to the menace of the offences with the unfortunate swelchie of cruel practices and circumstances deliver an innocent girl at death's door. All institutions of society including the government, press, women's or-

ganisations, judiciary and police handle dowry death cases on a special footing. Each such case outrages the patience of thinking people and rouses passion and outcry against the perpetrators of the offence.

What constitutes offence in dowry death cases?

Offences under the Dowry Prohibition Act: a) Giving and taking dowry after 2-10-1985 is an offence except customary presents, given to bride or bridegroom in keeping with the donor's financial status without any demand. The offence is punishable u/s: 3 of the Act.

b) Demanding dowry from the spouse's relatives or guardians is an offence from 2-10-1985. The offence is punishable u/s: 4 of the Act.

c) A person failing to give to the bride dowry received by him as customary presents; or to her children or to parents in that order if she dies because of unnatural cause within seven years of her marriage. The offence is punishable u/s: 6 of the Act. Offences under the Indian Penal Code: a) Husband or his relatives subjecting a woman to harassment to coerce her or her relatives to meet dowry demands or because of their failure to meet the demands and the woman soon afterwards dies of bodily injuries under unnatural circumstances within seven years of her marriage. The husband or his relatives who subjected her to harassment are punishable for committing the offence of dowry death u/s: 304(B) IPC r/w 113(B) of the Indian Evidence Act. b) Husband or his relatives subjecting a woman to harassment to coerce her or her relatives to meet any unlawful demands or because of their failure to meet the demands and the woman commits suicide within seven years of her marriage. The husband or his relatives who subjected her to harassment are punishable for the offence of abetment to commit suicide u/s: 306 IPC r/w 113(A) of the Indian Evidence Act.

c) Husband or his relatives for reason of dowry demand intentionally subjecting a woman to any conduct that is possible to drive her to commit suicide or grave self-injuries and the woman soon afterwards dies of bodily injuries under unnatural circumstanccs within seven years of her marriage. The husband or his relatives who subjected herto the conduct are punishable for dowry death u/s: 304(B) IPC r/w 113(B) of the Indian Evidence Act.

d) Husband or his relatives intentionally subjecting a woman to any conduct that is possible to drive her to commit suicide or grave self-injuries and the woman commits suicide within seven years of her marriage. The husband or his relatives who subjected her to the conduct are punishable for the offence of abetment to commit suicide u/s: 306 IPC r/w 113(A) of the Indian Evidence Act.

Dowry Death in rural sectors of Bihar

In Bihar, 918 dowry deaths were reported last year, as compared to 1,210 in 2008.Second highest in India While it is illegal for a dowry to be offered or accepted, it still exists. A girl's family has to pay for the boy's family to take the girl as their son's bride. The richer the girl's family is, the higher the asking price. Some girls have been punished by the groom's family if her dowry is not large enough, or slow in coming. Women aren't second class citizens in some areas of India, they are considered less than live stock. The ugly face of dowry related crimes within the high walls domesticity, where brides are burnt for dowry, and female children squashed in the wombs of the mothers gave birth strict antidowry laws listed in Article 498 A of the Indian Penal Code. Effective police action and increased social awareness of the evil effects of the practice of dowry, has done much to diminish its popularity. But dowry still persists in many parts of the country and is one of the main reasons of domestic abuse.

Statistics of Dowry Death in India

On an average one Indian woman commits suicide every four hours over a dowry dispute, as per official data, despite a series of laws to empower them. According to data complied by the National Crime Records Bureau (NCRB), a total of 2,276 female suicides due to dowry disputes were reported in 2006 that is six a day on an average, while the figure was 2,305 in 2005. In 2004, at least 2,585 such cases were registered across the country. Statistics suggest that Madhya Pradesh topped the list for the fourth time with 585 cases, accounting for one-fourth of the total number of such suicides last year in the country. West

Bengal was second with 445 cases and Uttar Pradesh third with 314 cases. The national capital was seventh with 69 cases. Police officials in the capital told reporters that suicide by hanging was the most common means adopted to end life followed by self-immolation in such cases. In 2010, 8391 dowry death cases were reported across India, meaning a bride was burned every 90 minutes, according to statistics recently released by the National Crime Records Bureau. A decade earlier this number was 6995, but climbed to 8093 dowry deaths in 2007. Dowry, although banned by law in 1961 but never seriously enforced, is an ancient tradition prevalent amongst most Indian families. With prosperity burgeoning after the early 1990s when India's state-controlled economy opened up to a free market system, this pernicious custom became more acute with greedy grooms backed by their families seeking to get rich through their hapless brides. But if a bride refused to satisfy incessant demands by her husband and in-laws for money and goods, despite having brought with her the mandatory dowry at the time of marriage, she was subjected to inhuman treatment.

The NCRB is a central body assigned to compile crime figures in the country. Its figures also state that one case is registered almost every hour under Dowry Death, which includes suicides as well as murders. 'A total of 7,618 cases were registered under Dowry Death in 2006, while 6,787 cases were registered in 2005. In 2004, at least 7,026 such cases were recorded,' a police official said. Dowry is a social evil but continues to be a common practice in almost every part of India. Women at the time of marriage are expected to bring with them jewellery, cash and even consumer durables are part of dowry to the in-laws and they are subsequently ill-treated, often violently, if they fail to do so. Abetting suicide is punishable by imprisonment up to 10 years and a fine.

Anti-dowry laws in India were enacted in 1961 but the laws themselves have done nothing to halt dowry transactions. Many of the victims are burnt to death - they are doused in kerosene and set fire to. Routinely the in-laws claim that the death happened simply due to an accident.

Cases related to Dowry Deaths 1. Ajay Kumar Das Vs. State of Jharkhand and Anr.2 Facts of the case
The informant filed a First Information Report that his daughter was married to the Appellant herein in the year 2002, as per the Hindu rites and custom and that at the time of her marriage, informant had given sufficient dowry. It was stated therein that the informant's daughter complained about the torture meted out to her by the father-in-law and the mother-in-law to her husband, the present Appellant who allegedly did not pay any heed. It was also alleged that on 29th September, 2006, father-in-law and the mother-in-law talked to the accused on telephone and in a wellplanned conspiracy caused death of the daughter of the informant. On receipt of the aforesaid information a case was registered, thereafter the police started investigation. After the completion of the investigation, a charge sheet was filed on 14th April, 2007. An order was also passed on 17th April, 2007, by the Magistrate taking cognizance which is also assailed in the present case. The Appellant was granted anticitatory bail by the High Court on 10th April, 2007.

Judgment
J. Mukundakam Sharma Therefore, while rejecting the contention of the counsel appearing for the Appellant so far quashing of the proceedings is concerned we give him the liberty to raise all his defence as may be available to him in accordance with law at the time of framing of the charge and at that stage the Court shall consider the material on record as also the contentions raised by the Appellant in proper perspective and decide the matter in accordance with law. We also make it clear that any observation made by us herein would not be in any manner construed as our observations or views with regard to the merit of the case or the defence of the Appellant.

AIR2011SC3652

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2. Dasrath v. State of M.P3 Facts of the case

Dasrath was married to Pinki who died under suspicious circumstance of burning. An intimation regarding death came to be given to the Police Station Pandhokhar, Distt. Gwalior. The said intimation was given by the complainant Vadehi Saran s/o Ramanand Kaurav who was none else but the father of the deceased Pinki. It was, inter alia, stated that on that day i.e. 12.8.1992 in the morning his son Jitendra Singh had gone to village Saujna for Rakhi festival to his daughter Pinki's house. But he returned at about 7 p.m. and told him that Pinki had caught fire and was sent to Daboh for treatment. Vadehi Saran further stated that on hearing the news, he along with some co-villagers went to Daboh. However, one Santosh belonging to his village met him near Dugdha Dairy and told him that Pinki had died. Then Vadehi Saran along with others went to village Saujna. But by the time they reached there, Pinki's cremation was over. It was because of this that they came to the Police Station and further action was requested on the basis of the death report.

On this basis, a First Information Report was got registered on 16.8.92 wherein it was recorded that the death intimation was given on 12.8.92 at 23.15 hours orally about the death of Pinki. It was recorded on a preliminary inquiry made by Head Constable Jaswir Singh by visiting village Saujna and the Station House Officer R.S. Purohit had also made inquiries relating to the death. The place of occurrence was examined by SDOP R.K. Hirodia and inquiry was made from the deceased's father Vadehi Saran, uncle Uttam Singh, brothers Janved Singh and Jitendra Singh, mother Vidya Devi and sister Pratibha. During this inquiry, it was found that the deceased was married 2 years prior to the date of incident and because of the non-payment of dowry, her husband Dasrath, father-in- law Kalyan Singh and Sister-in-law Usha were harassing her. The earlier statement given by Vadehi Saran was repeated. It was then mentioned that on 12.8.1992 the sister-in-law Usha, husband Dasrath caught hold of Pinki and father-in-law Kalyan Singh poured kerosene oil on her and set her on fire because of which she got burnt. The accused thereafter cremated her and cleaned the place where occurrence had taken place.
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AIR2010SC2592

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Judgment
J. Mukundakam Sharma From all this, it is clear that the prosecution has not only proved the offence under Section 304B, IPC with the aid of Section 113B, Indian Evidence Act but also the offence under Section 201, IPC. We are satisfied that all the three ingredients of Section 304B, IPC, they being: 1. that the death of a woman has been caused by burns or bodily injury or occurs otherwise than under normal circumstances; 2. that such death has been caused or has occurred within seven years of her marriage; and 3. that soon before her death the woman was subjected to cruelty or harassment by her husband or any relative of her husband in connection with any demand for dowry. as also the presumption under Section 113B of India Evidence Act are fully established the case of prosecution. We have gone through the judgments of the Trial Court as well as the appellate Court carefully and we find that both the Courts have fully considered all the aspects of this matter. We, therefore, find nothing wrong with the judgments and confirm the same. The appeal is, therefore, dismissed.

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Bibliography
1. http://www.vakilno1.com/bareacts/indianpenalcode/s498a.htm 2. http://wcd.nic.in/dowryprohibitionact.htm 3. http://www.vakilno1.com/bareacts/indianpenalcode/S304B.htm 4. http://www.slideshare.net/fatima86/dowry-death-in-india-finalpptx 5. http://lawpoint.in/legal-articles/41-criminal-law-ipc/81-dowry-death-1 6. http://www.police7.blogspot.in/ 7. http://zeenews.india.com/news/etc/1-dowry-death-every-4-hrs-inindia_414869.html 8. www.manupatra.com 9. www.indiakannon.com