Open Access Research Article
DOWRY SYSTEM AND DOWRY DEATH IN INDIA
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Article Details
DOWRY SYSTEM AND DOWRY DEATH IN INDIA
AUTHORED BY -
JOHNCY JOHNSON
Abstract
A woman entering into marriage does
so with a lot of expectations and hope. She would want a happy life along with
her husband and family and live in the society with dignity. All these
expectations are destroyed due to the cruelty faced by them regarding dowry.
According to Section 2 of The Dowry Prohibition Act, 1961, “dowry” means any property or
valuable security given or agreed to be given either directly or indirectly a)
by one party to marriage to another party to the marriage, or b) by the parents
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 or any time after 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.[1]
The
state is responsible for protecting women from this societal scourge. For this
purpose, the government has implemented many laws against dowry, such as the
Dowry Prohibition Act of 1961. Certain penal provisions
were also included on the proposal of the 21st Law Commission report.
Many educational and awareness programs were implemented by the government and
non-governmental organizations in order to reduce the prevalence of dowry
deaths. To address this heinous societal evil, sections 304B (Dowry death)[2],
498A (Cruelty by Husband or in-laws, i.e., domestic abuse)[3],
and 113B (Presumption as to dowry death)[4]
were inserted into the Indian Legislations around 1986. In this paper
the researcher would further look into the various causes for the increase in
dowry deaths along with the effectiveness of the laws enacted to prevent dowry
death and harassment.
Introduction
Throughout India, the Dowry system has persisted in every
community, affecting the livelihood of individuals involved in marriage as well
as those around them. The Dowry practice has lately grown in popularity to the
point that every husband felt proud and showy about the quantity of objects,
volume of precious metals, and sum of cash he got. Dowry is a societal scourge that has
resulted in unbelievable tortures and atrocities against women and has ruined
the Indian marriage system. Dowry is a monetary or in-kind payment paid to a
bride's in-laws at the time of her marriage.
The Dowry Prohibition Act, which went
into effect on May 1, 1961, prohibited the gifting or acceptance of dowry.
Dowry is described as land, assets, or cash contributed by any partner in the
marriage, the parents of any such party, or others who are connected in
any way with the married couple under the Dowry Prohibition Act. In India,
the Dowry Prohibition Act extends to people of all faiths. The initial version
of the Dowry Prohibition Act was largely seen as inadequate in preventing dowry
related practices. Furthermore, particular types of violence against women were
still related to failing to satisfy dowry demands. As a result, the Act was
amended later on. It was altered in 1984, to allow gifts given to the married
couple at the occasion of the marriage. The law, on the other hand, mandated
the keeping of a record that identified each present, its worth, the name of
the individual contributing it, and his or her relationship to whichever
party to the wedding. To safeguard female victims of dowry-related violence,
the act and pertinent provisions of the Indian Penal Code were changed further.
The Protection of Women from Domestic Violence Act of 2005 added another layer
of legal protection.
The initial Dowry Prohibition Act was
revised to include both minimal and optimum dowry penalties, as well as a
sanction for seeking dowry or soliciting proposals of cash or assets in
relation with a wedding. The Indian Penal Code was further updated in 1983 to
add specified offences of dowry-related abuse, murder, and aiding and
facilitating suicides. When dowry claims or dowry abuse could be proven, these
laws criminalized abuse towards women by their spouses or family. Although
these developments, dowry and dowry-related abuse continue to exist in
differing extents in various Indian populations and socioeconomic classes.
Research Objectives
1. To analyze the causes for increase in
dowry deaths in India
2. To determine the effectiveness of the
Dowry Prohibition Act in curbing dowry deaths.
3. To assess the role of Law
Implementing Machinery
Research Methodology
Research undertaken is purely
doctrinal and the data collected is primary source which includes statutes,
legislations, case-Laws etc. and secondary source which includes books,
journals, articles etc.
Research Question
1. What are the causes for increase in
the dowry cases in India and the reason for the conviction rate reported very
less?
2. Whether the laws enacted to protect
women from being exploited and harassed is effective?
Research Problem
The
Dowry Prohibition Act was passed in the year 1961 in India to prevent abuse
against women in their households and their deaths. However even after the
legislation was passed, the deaths related to dowry still continue to prevail
all over the country. According to the NCRB Report, the number of recorded
dowry killing cases in India was almost seven thousand which was reduced
compared to 2014 when the amount was approximately eight thousand five hundred.
In India, over twenty women are killed every day as a consequence of dowry
harassment. This harassment gradually leads to murder or compels the victims to
commit suicide. Dowry is demanded almost in every Indian household even now
directly or indirectly and has become like a tradition over the years which
requires to be looked into seriously.
Origin of Dowry
The Vedic Ages include evidence of
the dowry system in India. Dowry and bride wealth were both permitted under the
Manu smriti in early period in India, however dowry was considered
highly dignified sort and was linked with the Brahminic (priestly) group.
Dowries began as love presents for upper caste persons' marriages, but
throughout the mediaeval period, dowry demands became a prelude for marriage.
Dowry demand extended to the lower castes and became a prestige problem, with
the system becoming strict and costly. It is claimed that in medieval era, it
was a monetary or in-kind gift provided to a new wife by her parents in
exchange for her freedom after getting married.
It became the sole legal mode of
marriage throughout the colonial era, again with British declaring dowry
compulsory. Dowry became more prominent after the country gained independence
in 1947. Although dowry seeking has been illegal in India since 1961, it has
been difficult to implement such laws. Dowry has become an integral aspect of
marriage in recent decades, particularly in some regions of northern India.
This predatory structure has converted the ceremony of offering presents and
good greetings into a mandatory requirement for cash, honor, and submission,
inhibiting Indian society's progress and perceiving women as a liability on the
household.
Causes for increase in Dowry Deaths
·
Greed
Dowry is expected to be provided at
the event of a man and woman getting engaged to accommodate for the husband's
degree, profession, and money. The bride's education, work, and riches are
entirely ignored because she is not accorded the same societal position as a
male. As a result, dowry expectations might be justified by the effect of
hunger for material and monetary rewards. If the expectations are not
satisfied, the wedding is dissolved or the wife is subjected to
dowry-related abuse.
·
Illiteracy
Being from a group of people who are
not well educated, it is reasonable to believe that a lack of knowledge is a
contributing factor to this heinous phenomenon. The bride's family, uninformed
of the rules and regulations, is faced with unreasonable financial ultimatums
that, if not satisfied, result in the abuse of their daughters. This
arrangement may not have continued if households recognized that women had
the same position as males and should not be regarded as a liability.
·
Social
framework
The dowry system is majorly an expression
of the Indian community which is male dominant, in which women are
regarded as a liability on the household and dowry is one form of reward for
shifting that burden. However, men are regarded as heads of households and
earners, so families claim dowry for them.
·
Traditions
and customs
The major portion of dowry-related
cases in India are committed in order to uphold Indian society's conventions
and traditions. The society prefers to continue what is carried on throughout
time and adhere to those conventions even though it brings them distress.
·
Fear
of mistreatment
Many Indian families pay dowry to
alleviate their fear of their daughters being abused by their in-laws. There is
a common idea that offering dowry would guarantee the safety and well treatment of
their daughter post the wedding.
·
Social
pressures
Many times, giving dowry becomes a
question of prestige. Within the Indian community, measuring an individual’s
position by the sum of gold or money spent on the female member’s wedding has
become a prevalent practise. Similarly, the higher the dowry, the more educated
and well-off the groom's family is. As a result, the stress on both sides
increases: on the wife’s family to provide their best, and on the husband’s
family to claim maximum as possible. As a result, regardless of their financial
situation, people seek to provide excellent presents because their social
standing is revealed through these notable donations.
·
Social
limitations
The pressure to marry inside one's
caste or tribe exacerbates the situation. Such constraints reduce the choice of
men qualified for marriage, resulting in a shortage of acceptable
possibilities, which ends up in an advantage for those men to claim more.
·
Inadequate
Enforcement of Anti-Dowry Laws
Several legislations have been
drafted by the Indian government over many decades to restrict and fight the
dowry system. The Dowry Prohibition Act of 1961 and the Protection of Women
from Domestic Violence Act of 2005 are two examples. However, due to widespread
participation in this social vice, the application of such regulations is
ineffectual. Indians ignore anti-dowry laws and utilize the dowry systems
prevailing in the society to get materialistic and financial gifts under
the pretext of a wedding. As a result, the requests are
placed incorrectly and the woman's parents pay the price.
Laws Enacted
·
The
Dowry Prohibition Act, 1961
Dowry is prohibited in India under
this Act. The Act also makes it a crime in India to take or gift
dowry. Negotiating for a lower dowry from the groom's side when the
bride's side is unable to meet the true demand/real deal' and forcing the
bride's family to meet requests as recompense for marrying their daughter after
the wedding are all illegal. The penalty for breaking the anti-dowry law
is up to 5 years in jail and a fine of Rs. 15,000 or the value of the dowry
provided, whichever is greater.
·
The
Indian Penal Code (IPC) sections
Section 304B addresses dowry death.
It specifies that dowry death occurs if a woman dies within seven years of
marriage as a result of burns or physical harm, or if it is proved that before
to her marriage, she was subjected to cruelty or harassment by her husband or
any other family of the husband in connection with dowry demand.
Section 498A addresses cruelty. It
specifies that if a spouse or any of his relatives commits mental or bodily
injury to a lady, they are guilty under this clause.
·
Indian
Evidence Act, 1872
Section 113B addresses the dowry
death assumption. It stipulates that if a woman dies as a result of dowry
demand and it is shown that she was exposed to harassment or cruelty by any
individual shortly before her death. The court will then hold such a person
accountable for her death.
Misuse of the Law and
Conviction
Section 498A of
the Indian Penal Code (IPC) has been a widely contested section, particularly
in light of repeated Supreme Court judgements. Between 2006 and 2015, the
conviction rate for cases under this section fell steadily. The conviction rate
is one of the lowest of any IPC offence. Following the Supreme Court's
judgement in 2014 to prohibit automatic arrests in Statute 498A cases, it has
offered key guidance in dealing with cases lodged under the section.
One
explanation for low conviction rates is a lack of needed evidence. In
society, the police are supposed to operate as a shield for the general public,
but in fact, they induce dread in the minds of the general population by an act
of police. The police are also accused of attitudes, behaviors, and perceptions
that limit the chance of successful law enforcement in the current situation.
The most common complaints levelled against police are: arriving at a crime
scene too late, twisting the events in recording the First Information Report,
always preferring dowry deaths as suicide, and conducting the inquiry in a less
proper and sluggish manner. The police regard violence against women as a
family matter and are always reluctant to record a case.[5]
Various of the police gaps may be noticed in some Supreme Court decisions. Cases
such as Bhagwant Singh v. Commr. of Police Delhi[6] show
that the rate of unnatural deaths is far greater than police say. Police
diaries are not kept correctly and are not submitted in front of a magistrate.
The investigating officer repeatedly changed, which hampered the probe.
Corruption is blamed for several of the police's failures. The police have
their own explanation for the current state of affairs. First, there is
insufficient proof owing to independent witnesses. The deathbed declaration,
which is a significant piece of evidence, invariably contradicts a statement
made by a linked individual. Forensic evidence is also typically useful; it
would be preferable if specialists were delivered to the victim at the scene of
the incident.
While many women have utilized the
legislation to seek justice and release from abusive marriages, India's Supreme
Court stated in July 2017 that the statute is increasingly being "misused
by certain dissatisfied wives" to frame their husbands and his family.
According to the National Crime Records Bureau (NCRB), approximately 200,000
persons were detained for dowry offences in 2012, yet only 14.4% of those
arrested were convicted. To that end, the Supreme Court of India directed that
a family welfare committee be formed in each district to investigate the truth
of complaints made under Section 498A. The courts directed police to "not
automatically arrest" an accused person, but rather to go through a
"nine-point checklist" to "satisfy themselves regarding the
necessity for arrest." In addition, the court stated that in circumstances
when arrests are made, a magistrate must authorize extended custody of the
accused. According to the judgement, the current NCRB numbers show that,
despite the number of cases registered under Section 498A is growing each year,
the conviction rate is decreasing.
Between 2006 and 2016, for every case
that ended in a conviction, five other cases resulted in an acquittal, and one
case was dropped, resulting in just one out of every seven cases being
convicted-National Crime Records Bureau. According to the statistics, the
number of outstanding cases at the end of 2016 was more than double that of the
end of 2006. At the end of 2006, there were 206000 outstanding cases, which had
climbed to 5,15,000 by the end of 2016, a more than 150% increase in 11 years.
However, the Supreme Court partially
reversed some of these guidelines earlier this year, calling for balancing the
interests of both parties in dowry harassment cases. The Supreme Court modified
its own 2017 decision, removing the necessity for a family welfare committee
and restoring police powers to act on accusations of dowry harassment under
Section 498A.[7]
"There should be gender justice for women since dowry has a chilling
impact on marriage on the one hand, and on the other side, there is the right
to life and personal liberty of the male," the bench stated in September
2018 while reserving the judgement. Despite acknowledging that the abuse of the
clause is causing "social instability," the court stated that the
Court cannot rectify legislative voids.
Relevant Case Laws
Facts in
brief
Kanta Devi, married the accused in
May 1990. Two months after her marriage, her mother-in-law approached her
father and requested a motorbike for her son for his milk vending company.
However, her father was unable to meet the requirement. Following that, her husband
and mother-in-law began abusing her and telling her father that if he did not
provide a motorbike, they would not allow her to reside in the marital house.
Later she started reporting the abuse to her father. Her dead body was found in
her room in her in-law’s house in an unnatural situation, and hence her father
filed a case.
Court decision and Judgment
The Trial Court found her mother-in-law and
husband guilty of violating Section 304B of the Indian Penal Code. They were
sentenced to seven years of imprisonment. An appeal was filed in the High
Court, but the High Court had to dismiss it. Later an appeal was filed to the
Supreme Court, which was also dismissed.
Facts
in brief
Jaikali Devi,
the deceased, married the appellant in 1988. Dowry of Rs 40,000 was paid during
the marriage. Her husband and in-laws desired and demanded more dowry but
did not receive it. Later, she started complaining to her parents about the
mistreatment and abuse faced in her in-law's house. On 28 November 1989, her
body was found on the verandah of her in-law’s house, and marks of torture were
found.
Court decision and Judgment
The Sessions Court was satisfied that her
death was not a natural death and convicted the husband. He was sentenced to
ten years of imprisonment. He later appealed to the High Court. The High Court
also upheld the conviction of the Sessions Court but reduced the sentence to
seven years. Later on, he appealed once again to the Supreme Court. The Supreme
Court upheld the decision of the High Court.
Conclusion
Dowry death is a social plague that
is often discussed in Indian community. Women's protection organisations,
policemen, public authorities, and the government have taken a coordinated
approach by enforcing deterrent penalties on those guilty of dowry deaths. It
is clear that the Indian legislature, in cooperation with the Indian courts, is
developing helpful and supportive legislation to safeguard women 's rights and
honor, as well as to provide more support for survivors of abuse or
mistreatment by spouses and their household. Educational structure
improvements have enhanced female educational position and will minimise
dowry deaths. Several necessary changes must be adopted to eliminate or at
least lessen the societal evil of dowry death, but most importantly, a societal
will and desire to refuse the selfish greed for dowry claims is essential.
Suggestions
Some suggestions that the researcher
would like to give are that there should be proper implementation of anti-dowry
laws. Furthermore, the exploitation of such legislation must be addressed.
Women must be supported for becoming dependent on oneself and not others, and
steps should be taken to guarantee that every female receives an
education. Efforts should be made to raise awareness about dowry and
dowry-related violence, and women's rights should be promoted. Along with this,
school and community awareness programs should be organized. Individuals
must be urged never to embrace these harmful customs, but instead to
respect women on an equal basis alongside their male partners and aid them in
leading a respectable life. Coupling only inside one's caste or class
must be prohibited so that women have more alternatives and are not pressured
to choose somebody with dowry demands.
In addition, in order to reduce the
number of dowry killings, harassment, and cruelty, further female inspectors
should be employed and assigned to cases concerning unusual death of women.
For the purpose of appropriate examination and fairness, the examination
should not be performed below the level of assistant commissioner. The
penalty for assisting suicide should be increased to up to seven years in
prison. A logical and realistic solution to the aforementioned issue would
undoubtedly be beneficial.
[4] The Evidence Act, § 498A, No. 1,
Acts of Parliament, 1872 (India)
[5] Paras Chug, Dowry Deaths in India,
Legal Vidhiya (Oct. 25, 2022, 6.45 PM), https://legalvidhiya.com/dowry-deaths-in-india/
[6] Bhagwant Singh v. Commr. of Police
Delhi, 1985 SCC (2) 537
[7] SBS Punjabi, https://www.sbs.com.au/language/punjabi/en/article/80-per-cent-of-all-dowry-cases-in-india-end-in-acquittal/aets82803 (last visited Oct. 20, 2022)
[9] Kamesh Panjiyar v. State of Bihar,
(2005) 2 SCC 388
Article Information
DOWRY SYSTEM AND DOWRY DEATH IN INDIA
Authors: JOHNCY JOHNSON
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/24
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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