AN ANALYSIS INTO THE CONCEPT OF DOWRY DEATH
INTRODUCTION:
In India, marriage is steeped in tradition, and deep-rooted cultural belief practises are passed down by word of mouth and, in some cases, with the passage of time. There is, however, one tradition in India that stubbornly defies dowry reform. It dates back to mediaeval times, when a present in kind or cash was given to a woman by her family to ensure her independence after marriage. It became the only legal means to marry during the colonial period, when the British made dowry a requirement.
It is treated with respect and reverence, much as it is in India. The marriage institution is not only complementary to the family institution, but the married girl also has high expectations for her married life and wishes for a happy existence with her family. However, due to India's dowry practise, these expectations have proven to be unrealistic. Women's empowerment and equality before the law are hot topics these days, but dowry deaths are on the rise.
At the marriage of a daughter, a dowry is the transfer of parental property, gifts, or money. Dowry is distinct from bride price and dower, which are similar notions. The dowry is the wealth sent from the bride's family to the man or his family, ostensibly for the bride, whereas the bride price or bridal service is a payment by the groom or his family to the bride's parents. Dower, on the other hand, is the property that the groom bestows on the bride at the moment of marriage and which she retains ownership and control over. The Dowry Prohibition Act of 1961 was passed to make it illegal to give or receive dowry, as well as other connected offences.
DOWRY SYSTEM IN INDIA:
The bride's family gives to the bridegroom, his parents, or relatives as a condition of the marriage in India's dowry system. Dowry arose from India's imbalanced inheritance laws, and the Hindu Succession Act needs to be modified to prevent girls from being routinely disinherited. Dowry is essentially a cash payment or a gift given to the bridegroom's family in exchange for their pride, and it comprises cash, jewellery, electricity, furniture, bedding, crockery, and other household items that the newlyweds use to build up their home.
"Dowry is any sort of property or valuable security directly or indirectly agreed to be delivered by-" says Section 2 of the Dowry Prohibition Act of 1961.
(i) One of the marital partners to the other;
(ii) In connection with the marriage of the said parties, by the parent of either party to the marriage or by any other person, to either party to the marriage or any other person, at or before or any time after the marriage.
The dowry system is said to place a significant financial strain on the bride's family. In some cases, the dowry system in Leeds has been linked to violence against women, ranging from emotional abuse to physical harm and even death. Dowry payment has long been illegal under Indian law, including the Dowry Prohibition Act, 1961, and later by Sections 304-B and 498-A of the Indian Penal Code.
Dowry is defined by law as Dowry, as defined by the Dowry Prohibition Act, is a demand for expensive security property with an inextricable link to the marriage, i.e. It is a consideration from the bride's parents or relatives to the groom's parents or relatives to the groom's parents or relatives to the groom's parents or relatives to the groom's parents and guardians for the agreement to marry the bride to be.
Despite the fact that dowry rules have been in place in India for decades. They've been panned for their inefficiency. In many parts of India, the practise of dowry deaths and murders remains unabated, raising enforcement issues. If a wife complains of dowry harassment, Section 498-A of the IPC requires that the bridegroom and his family be detained immediately. Because of widespread abuse of the law, the Supreme Court declared in 2014 that arrests can only be undertaken with the authority of a magistrate.
RECENT REASONS FOR THE EXISTENCE OF THE DOWRY SYSTEM:?
Customs and traditions
People have a preconceived impression that the dowry system has existed for generations and that it is vital to be followed by the two families by the bride's family sending goods to the groom's family.
Dowry as a reputed subject
This is the most logical rationale for the existence of stealth-like dowry in the twenty-first century. People believe that giving or receiving dowry has a high social value, and that the more costly the gifts are, the more honourable they are, making this system more pervasive in our culture.
Illiteracy
It is our country's most serious problem and the primary cause of the dowry problem. It has also contributed significantly in undeveloped communities, where literacy rates are low and many are uninformed of dowry rules. Even while dowry is something that even literates in our society practise, it is difficult to get them to understand the laws. Even if the rules are strict, they will not be enforced if the public is unaware of them.
Economic Aspects
Many economic considerations contribute to the dowry system. Inheritance systems and the bride's financial standing are two examples.
Some argue that economics and weak legal systems on inheritance disfavour women, with inheritances going to sons only. This makes women completely reliant on their husbands and in-laws. When she marries, who keeps the dowry? In 1956, India granted equal legal status to Hindu daughters and sons. The Hindu Succession Act affects Sikh and Jain families.
Dowry, in the form of Marble goods, provided economic and financial security to women in their marriages, at least in principle. This prevented the disintegration of the family's wealth and gave pride a sense of security. The method can also be employed as a form of pre-mortem inheritance, as once a woman is given moral gifts, she may be cut off from the family estate. Dowry has become a larger financial burden for many families, and the demand from the groom can leave them penniless. Over time, dowry demand has grown.
Dowry Death (Section 304-B):?
When a woman dies as a result of any burns or bodily injury within seven years of her marriage, and it is proven that 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 is called Dowry Death, and such husband or relative is deemed to have caused her death.
Dowry death is punishable by imprisonment for a period of not less than seven years but not less than life.
ESSENTIAL INGREDIENTS:
(i) Under normal conditions, a woman's death should not be brought about by burns or bodily injury.
(ii) Within 7 years of her marriage, she should have died.
(iii) Her husband or a cousin of her husband must have treated her cruelly or harassed her.
(iv) Any dowry demand should be accompanied by or accompanied by such brutality or harassment.
(v) Such cruelty or harassment should have been brought to her attention before she died.
(vi) If a woman dies as a result of the aforementioned circumstances, the husband and his relatives will be believed to have caused a dowry death and will be held accountable for the offences unless it can be proven differently.
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Punishment
Anyone who commits dowry death is punishable under section 304-B (2) of the Indian Penal Code with a term of imprisonment of not less than seven years but not more than life.
Offense Types
U/S 304-B is a Recognizable Offense.
Nonbailable
Court of Session's non-compoundable tribal
Case Laws
State of Punjab v. Hansraj
In this instance, the Supreme Court concluded that "normal circumstances" apparently does not constitute "natural death."
Rameshwer Das v. Punjab State, 2008
Sc decided in this case that a pregnant lady would not commit suicide until her relationship with her husband deteriorated to the point where she felt obliged to do so, and that the accused is liable to be convicted for failing to prove his defence.
The 1961 Dowry Prohibition Act
Section 2: Dowry
Dowry is defined as any property or valued security offered or agreed to be granted, whether directly or indirectly, under this act.
By one spouse to the other, or by the parents of either spouse, or by anybody else.
In the event of persons to whom the Muslim personal law (Shariat) applies, to either party to the marriage or to any other person at or before or at any time before the marriage in connection with the marriage of such parties, but does not include dowry or mahr.
The Dowry Prohibition Act was re-enacted twice in 1961, the first time to broaden the definition of "dowry" and the second time to increase the penalties for various types of infractions of the Act's provisions. "Any property or valued security given or agreed to be given in the future directly or indirectly in connection with marriage amounts to dowry," according to section 2 of this Act.
The phrase "as compensation for the marriage of such persons" was originally included in the Act, giving the term dowry a far limited definition.
Important decisions:
Although it has been difficult to get the whole thing and the rules related to dowry death to be effectively applied, some of the factors have resulted in a breakthrough in the midst of existing flaws. The Apex Court declared in Satbir Singh vs The State of Haryana (2021) that if the prosecution can demonstrate the components of Section 304-B of the IPC, the burden of proof of innocence is entirely on the defence. Furthermore, the provisions of Section 304B of the Indian Penal Code are significantly more serious than those of Section 498A in that they are cognizable, non-bailable, and can be tried in court.
CONCLUSION:
Women are regarded as the backbone of society, therefore killing or burning them for dowry is a deplorable act in and of itself. After all is said and done, the government must implement specific provisions and measures to eradicate such horrible acts, the most notable of which is to keep women on par with men so that they are not dependent on them, as well as to use women reservation as a source of women empowerment. To eliminate this danger, we must raise public knowledge of dowry. Isn't it ironic that in a country where marriage is revered, women are burned in the hands of their own people for the sake of a few pence? In today's society, the dowry is both a source of joy and a source of curse. It also brings satisfaction to the husband and his relatives, who receive money, expensive clothing and kitchenware, furniture, and bedding materials, among other things.The bride's parents, on the other hand, are cursed since they must pay significant costs in order to accommodate the bridegroom's party's outrageous expectations. Even after marriage, dowry demands persist. In certain cases, the bride's in-laws are more than willing to subject the bride to harassment, insults, and physical and emotional suffering.When the bride's parents are subjected to further pressure, their beloved daughter is frequently forced to commit suicide in order to avoid more humiliation and pain.
References:
1.Dowry death:understanding the basics
2.Dowry and dowry death?