DOWRY DEATH IN INDIA: A SOCIETAL CURSE. BY - BHAWANA SHEKHAR
DOWRY DEATH
IN INDIA: A SOCIETAL CURSE.
AUTHORED BY
- BHAWANA SHEKHAR
Abstract
One of the great and most essential
practical and practicable idea is nothing but marriage itself. The idea creates
a concept of togetherness of not only two people but their respected families
and kinship also. The notion of marriage is simply somewhere ultimately related
to give and take relationship on the name of gifts and presents from bride
families to groom families and their relatives also. In other word or to
simplify this the new belief and conception arose called dowry system. In some
areas this system is not even spontaneous and dark but this does not happen always
in some areas it turned into a nightmare and the girl tortured or humiliated by
the hands of her husbands, in laws and relatives because of many reasons
related to the demands of things which some time even end with death. The
social norms and agendas of some pathetic frame a gloomy structure of a society
indicated uncertainty and shady part of human kind. Dowry, also known as Dahej,
is one of the deep-rooted societal ills that has become an obstacle to women's
regular lives. Dowry has become a societal norm, which is a major issue for
both society and women. The dowry system is the evil that has murdered and
disabled countless vulnerable women, forcing some to commit suicide. Dowry is
the oldest social malady or sickness on the Indian subcontinent. It has become
a terrible social disorder that is profoundly established in people's blood.
Many individuals regard dowry as a symbol of social standing and
self-recognition. As Mahatma Gandhi has rightly said “Any young man, who makes
dowry a condition to marriage, discredits his education and his country and
dishonours womanhood”. The main goal is to investigate the ills of the Dowry
system and its repercussions in India.
Introduction
Dowry deaths refer to a situation in
which brides commit suicide or their husbands kill them after their marriage
due to their dissatisfaction caused by the failure of the brides’ families in
paying dowries. Despite enviable modernisation of this country and expanding
rate of middle class families, dowry-deaths kept on rising in this country due
to poor societal and ineffective legislative structure in past few decades.
However, the figure 1 has reflected a different phenomenon though a news
article published by “Indian Express” in 2020. The number of death cases in
2020, has decreased slightly with amendments in Dowrydeath Prohibition-acts. In
2020, there were 17 cases of dowry-deaths; whereas in 2019, the number was 52.
Amendments were made in some of the terms of Indian dowry-death related
legislations, which resulted in an improvement in curbing this issue. During
the ancient time, the dowry system was also prominent. The bride's parents gave
the girl presents, money, property, and other household assets because they
wanted to. The girl's premortem right was referred to as such[1].
She was the only proprietor, and not even her husband had any claim to it. The
concept and proportions of dowry, however, have evolved over time. It became a
significant and key consideration in marriage. Regardless of their ability, the
girl's parents were required to provide a handsome dowry for her. Dowry grew to
be the most important aspect of a girl's wedded life. Several females committed
suicide because their in-laws made their lives miserable since their parents could
not pay a suitable dowry. The worst element of this wickedness was that it led
to another evil, female foeticide. When we are going towards modernity, it is
critical to understand what causes such an immoral behaviour to flourish in
society.
The history of the dowry system is
very vast and broad concept in itself. It has a space of many cultural and an
association of different kinds of views, some people may evaluate this as a
normal moral tradition and some might think that this is not the right this
must be cover in the fort of immorality. In understandable words we can frame
dowry is something which is given to the bridegroom and his family or relative
by bride family in some instance we can calculate it as a condition or in a
lawyer term it can be said as a kind of consideration of marriage. In ancient
times it was given in the form of lands, properties, cash, gold, jewellery,
furniture, crockery, cattle, as a token of gift and to show love to the bride
comfort and rooted position in the groom family it was considered as an unchangeable
practice and bride family had to have perform the same.
At the British time it was observed
that the idea had not change its shape but mould itself into a new sphere.
Zamindari system was evolved and it was circulated that women cannot hold any
property and women were prohibited from holding any land and property by their
own name as a result the gift which in theform of land or property that were
given to bride from her family was ultimately gives to the groom, this was the
reason misusing was increased and demand of dowry was also at its peak. In
terms of rural areas, there exists a high level of income inequalities,
orthodox societal structure and gender inequalities, which are impeding process
of establishing a healthy societal structure by alleviating dowry systems from
India and preventing dowrydeath cases. Thus, it is essential to reinforce
legislation in these areas by enhancing awareness. Present study has provided a
critical understanding of factors influencing dowry-deaths in India and ways proper
measures and legislations can reduce this issue.
Essential
ingredients under the law which held the death as a dowry death
Dowry was supposed to be a present
for the bride and her in-laws, but who knew a simple gift would become a pawn
for expectations, or should I say incorrect expectations? Greed, not money, is
said to be the source of all evil. This is precisely how dowry death became as
the most heinous of offences. The requirement for a present evolved into dowry
rather than a simple gift. Its rise is due to the hope of receiving fancy
automobiles, cash, and jewellery. When a parent cannot afford such obligations,
he frequently fails to meet them. The failing of a poor parent cost him a life,
his own daughter’s life.
Certain specified essentials of Dowry
death are death of woman should be induced by burns or bodily injury or
otherwise than under ordinary circumstances, Death should have taken place
within Seven years of her marriage, the woman must have been exposed to cruelty
or harassment by her husband or relatives of her husband, such Cruelty or
harassment should be for or in connection with the demand for a dowry, such
cruelty or harassment should have been subjected soon before her death
Causes of
Dowry death in India
Dowry deaths rose from about 21 per
day in 2016 to approximately 35 per day in 2022. While these statistics are
worrying, there is a great deal of variation in the incidence of “dowry deaths”
across regions and over time.
A
majority of dowry-related cases in India take place to adhere to the customs
and traditions of the Indian society. People tend to follow what has been
followed through the years and stick to such customs even if it causes
discomfort to them. A majority of dowry-related cases in India take place to
adhere to the customs and traditions of the Indian society. People tend to
follow what has been followed through the years and stick to such customs even
if it causes discomfort to them. Many families in India give dowry to get rid
of their insecurity of ill-treatment of their daughters by their in-laws. There
is a perception that giving dowry will ensure their daughter’s security after
marriage and non-discrimination. Administration of
justice in criminal cases is itself a challenging job and it becomes more
difficult when minimum social support is not there in society. Generally, there
are no witnesses to transaction leading to domestic cruelty or harassment and
unnatural death except the family members, some of whom might accomplice and
some might not support due to family pressure. More often than not, the
neighbours, who might be having some clues or evidence against culprits and
unwilling to testify something because of the fear of spoiling the neighbourly
relation. They hassles apprehend regarding the police and court proceedings.
Worse than the indifferent attitude is the partisan attitude of neighbours
favouring the culprits.
Many young women can be saved from cruelty, harassment
and unnatural deaths if they are insulated from the source of violence in
proper time. Such recourse cannot be done or not possible due to traditional
constraints. Despite the ill-treatment, some parents advice their daughters to
keep staying with husband and his relatives which sometimes result to the
avoidable tragedy. . Education is the only game changer. We need to revisit our
educational system immediately and we need a national program and
implementation if we have to address social issues in the long term. Every
stakeholder mentioned above comes from the same society and unless there is a
system of education that teaches a common minimum set of values that we can all
share, we will not be able to build and retain a progressive society. A society
that evolves in a healthy way in keeping with the changing times. Education
needs to be proactively provided at two levels. In our homes and at school. The
child receives its first education from parents and therefore unless we ALL
realize this responsibility and focus on moral education at home, we will not
be able to build a society that does not carry legacy social evils like dowry.
The school will have to take its share of responsibility in developing citizens
and not just students.
Reports on Dowry Death in India
India has an alarming trend of dowry
death according to which 20 women die every day as a result of Dowry
related harassment – either murdered, or compelled to commit suicide. According
to National Crime Records Bureau (NCRB) reports on an average, every hour a
woman succumbs to dowry deaths in India with the annual figure rising upwards
of 7000. In 2021, reported dowry death cases in India amounted to nearly 6.8
thousand. This was a gradual decrease from the 2014, in which this number was
approximately 8.5 thousand. The dowry system in India incorporates payments in
the form of capital, durable goods, real estate among others, made to the
bridegroom from the family of the bride as a condition for marriage.
As many as 13,534 cases were
registered in the country under the Dowry Prohibition Act of 1961 last year, a
25% rise compared to the cases registered in 2020 (10,046), the data released
by the National Crime Records Bureau (NCRB) has revealed. Up to 4,594 of these
cases were registered in Uttar Pradesh — the highest in the country. However,
there has been a slight decline of 3.85% in the number of dowry-related deaths
in 2021, which recorded a total of 6,589 such cases, compared to 6,843 cases in
2020. With 2,222 registered cases, the highest number of dowry deaths in
the country has also been recorded by Uttar Pradesh. Among the southern states,
Telangana recorded the highest number of such deaths (175), while Kerala
registered the least.
According
to the NCRB data, 330 cases of dowry deaths were closed due to lack of evidence
last year, while two were transferred to a different state or investigating
agency. The chargesheeting rate stood at 41.3%. Among the cases under the Dowry
Prohibition Act, 1,086 were closed because of insufficient evidence, and 49
were transferred to a different state or agency. The chargesheeting rate was 35.05%.
Legal
Provisions
As in the beginning of the assignment
we have already mentioned the proper definition of dowry explained in IPC
section 304B. This provision is clearly class biased as we can say that it is
equal for all caste and class of a woman who is a victim of a particular crime
and falls under the act. This act clearly gives an immunity to female gender
for standing and fighting for right to life. If a is dead due to the reason of
dowry it can also fall under Article 211 which is right to life. Every person
and an individual have a right to safe their life and right to live freely.
Section 304B also mentioned some criteria to calculate the provision as it is
said that any women who died under unnatural circumstances either by burn
injuries or bodily injuries within seven years of her marriage and had been
continuing the subject of violence, abuse, harassment, cruelty by her husband
and in laws shall be considered as a victim of dowry. But in my opinion what if
the victim has crossed the period of seven year and for instance if she died
after 10 years of her marriage? Is it still under the consideration and an
offence and will the accused still be liable for the same. Hence the essential
element of the dowry death stated under the section 304 B are as follows:
·
Death of a married woman.
·
Death caused by bodily injury or by burn or any other
unnatural circumstances.
·
Death within a specific period of time (7 years).
·
Subject matter is important like harassment, mental
and physical abuse etc.
·
All the essentials are must related to the demand of
money, property, as dowry.
In India, the dowry system puts a
great financial burden on the bride’s family. The law-makers, taking the note
of seriousness and consequence of the problem legislative measures to plug the
loopholes in the law as well as to enact new provisions so as to make the law
rational and effective. The Dowry Prohibition Act, the first national
legislation to deal with the social evil of dowry, was passed in 1961. The
object of this act is to prohibit giving and taking of dowry. The act lays down
a number of preventive and punitive provisions but, as could be foreshadowing,
the objectives have not been achieved. Though the dowry problem as such may not
be the appropriate target of criminal law, the violence connected with a dowry,
sometimes fatal, is certainly within the functional domain of criminal law. As
a result of speedy rate of dowry-related deaths and failure of dowry
legislation, which results in certain substantial and procedural changes in law
criminal law as Criminal Law Amendment Acts, 1983 and 1986. In Indian Penal
Code, two new offences have been created under section 304-B and 498-A. The
offence under section 304-B called as the Dowry death whereas section 498-A
called as Husband or relative of husband of a woman subjecting her to cruelty,
Code of Criminal Procedure includes section 174 and 176 deals with the
investigations and inquiries into the causes of unnatural deaths by police and
magistrate respectively and in Indian Evidence act new section 113-B called as
presumption in cases of dowry death that the person who is shown to have
subjected the woman to cruelty or harassment soon before her death.
“Section 498A of IPC covers an
important provision and also it is mentioned that, it deals with husband or relative
of husband of the women subjecting her to cruelty. The section mentioned that
whoever, being the husband or the relative of the husband of a women, subjects
such women to cruelty shall be punishable with imprisonment for a term which
may extended to three years and shall also be liable to fine”.
The first national legislation
related to dowry was enacted as the Dowry Prohibition Act, 1961. The act lays
down a certain number of preventive and punitive provisions but, as could be
anticipated, the objectives have not been achieved. The failure is not
primarily due to a few defects in law but on the part of government also
regarding its enforcement but because of the fact that the dowry practise is
too wellentrenched among all the cross-sections of the society. The lack of
enforcement of government officials is that no action is taken on registered
cases as well as people are not aware of the legislation. Though the
legislation and judiciary provide continue support still the situation not
changed.
In the year 1961 dowry prohibition
act was amended twice to widen the meaning of term “dowry” and enhancement of
punishment for the various violations of the provisions of the act. Section 2
of the act states that any property or valuable security from one side to
another either given or agreed to be given in future directly or indirectly in
connection of marriage amounts to dowry. The expression used in the original
Act was “as consideration for the marriage of such parties” was interpreted by
the court to give a narrow meaning of the term “dowry”. In Inder Sain v. State[2],
it was held that “consideration” was restricted to motive or reason,
compensation or reward to marriage and would not, therefore, include any
property demanded or given subsequent to marriage. The expression “any time
after the marriage” has been brought to replace “after marriage” to eliminate a
restricted interpretation of the statute. The concepts of gift in Indian
marriages are only allowed which are customary in nature, which does not create
a financial burden on a family. A list of such presents, along with value and
description, is to be prepared and must be signed by the bride and bridegroom.
In case of Sanjay Kumar Jain v. State of Delhi[3] it
was said that “The dowry system is a big slur and curse on our society,
democracy and the country. It is incomprehensible how such unfortunate and
condemnable instances of dowry deaths are frequently occurring in our society.
All efforts must be made to combat and curb the increasing menace of dowry death. Usually, on a number of occasions, the
Supreme Court expressed anguish and shocking view regarding deaths of young
brides. In Virbhan Singh v. State of U.P apex Court said in view of increasing
deaths of brides, such dastardly crimes whenever detected and proved then
ruthless action and deterrent punishment must be imposed. Supreme Court concern
about the acquittal of some alleged culprits but the state cannot approach apex
Court in appeal. In Samunder Singh v. State of Rajasthan the court opined that
anticipatory bail cannot be given in cases of bride burning and dowry deaths.
Some dissatisfaction occurred at trial level itself by the certain assumption
of courts like a person with 100% burn not fit for dying declaration. If on
behalf of harassment victim some other reported matter the matter not reported
which creates a lacuna in Indian legal system.
Conclusion
Dowry is deeply embedded in the
social fabric of India. It is strongly embedded in society's patriarchal mind set.
Women became a commodity as consumerism increased. Dowry is encouraged due to
women's disempowerment, male domination, and financial dependency on males. The
first stage in the campaign to abolish this social scourge should be to raise
social consciousness among the population. In this instance, the media can be
proactive. Several legislation, notably the Dowry Prohibition Act of 1961, have
undoubtedly been adopted, but action on the enforcement front is required.
Furthermore, the government should take note of the severe enforcement of such
dowry regulations. Dowry death is a societal curse that is a hot topic in
Indian society. Organized approach by women’s welfare groups, police, public
officials, and the judiciary by imposing deterrent penalty on those responsible
for dowry fatalities. It can be seen that the Indian government, in
collaboration with the Indian judiciary, develops cooperative and supporting
laws to protect women’s lives and dignity, as well as to offer further justice
to victims of harassment or cruelty by husbands and his family. Changes in the
school system have improved female education status, and door-todoor job
services will reduce dowry fatalities. Still, some corrective measures must be
implemented in order to eliminate or at least reduce the societal scourge of
dowry death, but most crucially, a public will and determination to reject the
materialistic hunger of dowry demands is required.
The police act as ‘death brokers’ and
use culturally appropriate scripts to classify death of a woman within seven
years of marriage as dowryrelated (or not). They engage in a set of social
negotiations with the victim, her natal (family of birth) and marital
(husband's family) families, health practitioners, and forensic experts to
render the definition of an individual death socially and legally acceptable.
Recent evidence shows how the police collude with the perpetrators of this
crime in resisting registration of FIR, tampering with the evidence, and
threatening the victim’s family with dire consequences.