Dowry Death

Meaning of Dowry Death

The most serious kind of domestic violence that occurs in India is dowry death and related homicides, in which a large number of women are killed each year in their married homes by their partners and relatives because they are driven to an unquenchable need for dowry. Even though dowries are illegal in India, stories of dowry-related fatalities keep coming out, and many people view them as the worst social sin.

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This Story also Contains

1. Meaning of Dowry Death
2. History of Dowry in India
3. Dowry Death- Section 304B of IPC
4. Dowry Death under IPC - Section 304-B
5. Essentials ingredients of Dowry Death under IPC - Section 304B
6. Essential Ingredients to prove dowry death
7. Dowry Death Punishment under IPC
8. Dowry Death under the Indian Evidence Act
9. Dowry Prohibition Act, 1961
10. Dowry Death Case Laws in India
11. Conclusion

According to a report published by the Indian National Crime Bureau, India tops the world list of countries where dowry-related deaths occur. To comply with dowry demands, Indian women frequently face assault and intimidation. 8,233 dowry-related fatalities were reported nationwide in 2012 alone. According to the survey, there are 1.4 dowry-related deaths for every 100,000 women in India.

History of Dowry in India

• India's dowry customs date back to the Vedic Era when they were first limited to marriages between members of the upper social strata.
• A son or the groom could not inherit property under Hindu law.
• To get around Hindu inheritance restrictions, the bride's family would give the groom a dowry, which was subsequently registered under the bride's name. This dowry was known historically as Stridhana, which means the girl's property.
• The lower castes observed a custom known as the bride price, which required giving the bride's family items or property in exchange for marriage. In contrast, the upper castes followed the dowry tradition.
• Today, the bride price tradition has evolved into the dowry system. In the contemporary dowry tradition, the bride's family must give a specified set of belongings or assets to the groom's family to complete the dowry transaction.

Dowry Death- Section 304B of IPC

• Dowry death occurs when a spouse dies due to unnatural causes, primarily because of the pressure to provide a dowry, and this happens within seven years after the marriage.
• The Indian Penal Code 1860, specifically Section 304B, addresses dowry death. It states as follows: If a woman dies from physical burns or injuries, and it is established that she was subjected to torture, assault, and harassment by her spouse, the spouse's relatives, or other family members demanding dowry, her death can be classified as dowry death.
• According to Section 304B of the Indian Penal Code, if a woman dies due to burns or any other form of physical harm that happens outside of usual conditions, and it happens within 7 years after she gets married, and her husband or his family were pressuring her for dowry, then her death will be labelled as a 'dowry death.'

Dowry Death under IPC - Section 304-B

The Indian Penal Code (IPC) and its corresponding laws, including Section 304B, aim to eradicate the dowry issue that has afflicted Indian societies for many years, even in the face of advancements in women's rights and the struggle for women's emancipation. This widespread issue in our society remains a rare exception, even though boys and girls have equal access to education and career opportunities. The societal norms that continue to favour men over women in marriage contribute to the continuation of the dowry system. Society as a whole can take effective action to address this social problem by enacting social sanctions, such as banning and penalizing such behaviours. To solve this problem, the Dowry Prohibition Act of 1961 was passed.

Due to changing patterns in dowry demands and recovery tactics, as well as the negative effects dowry expectations can have on the bride, the original Dowry Prohibition Act of 1961 needed to be updated. Several amendments to the law have been brought about by this issue. The Indian Penal Code, the 1973 Code of Criminal Procedure, and the 1872 Indian Evidence Act were all intended to be improved upon by the Criminal Law (Second Amendment) Act of 1983. Specifically, Section 498A was inserted into the IPC, with parallel modifications to the Code of Criminal Procedure, 1973, incorporating Sections 198A and 113A in the Indian Evidence Act, 1872. Subsequently, adjustments were made to the Dowry Prohibition Act, of 1961, among other laws, to ensure necessary reforms in the Indian Penal Code, the Code of Criminal Procedure, 1973, and the Indian Evidence Act, of 1872.

Essentials ingredients of Dowry Death under IPC - Section 304B

To qualify as a dowry death under section 304B of IPC, the following must be met:

1. The passing of a woman was likely due to burns, physical harm, or something not considered typical.

2. This must have happened within 7 years after her marriage.

3. The lady likely experienced mistreatment or abuse from her spouse or the spouse's relatives shortly before her passing.

4. Such cruelty or harassment must be for or in connection with the demand for dowry.

In this case, the act of suicide involved burning, yet there's no proof that dowry demands played a role. Nonetheless, there's a clear contradiction and significant gap in the testimonies of witnesses who were involved in the case. Simply having girls with questionable backgrounds in the household could lead to the deceased's suffering, yet this alone doesn't meet the criteria of section 304B of the Indian Penal Code (IPC) that required the deceased to be facing abuse or harassment right before she died concerning dowry demands.

In Vemuni Venkateshwara Rao and another v. State of Andhra Pradesh

The Andhra Pradesh High Court has determined that because there is a request for dowry and threats against the deceased, and the death happens within seven years after the marriage, it is presumed to be so under the law considered in Section 113B of the Evidence Act 1872.

Essential Ingredients to prove dowry death

The Rajasthan High Court set the criteria that the prosecution must prove in cases involving dowry deaths in Lila Ram v. State of Rajasthan. It is the prosecution's responsibility to prove the following:

1. It is the death of a woman

2. there must have been physical harm or burns.

3. Seven years into her marriage

4. she began to endure mistreatment or abuse close to the time she passed away.

5. From her spouse or any of his family members

6. related to any request for a dowry

The court noted that without proving all the necessary elements, it cannot conclude that the accused is guilty or guilty of a crime under section 304B of the Indian Penal Code, 1860.

Dowry Death Punishment under IPC

The Indian Penal Code 1860's Section 304B (2) addresses murder connected to dowries. It declares that asking for a dowry is illegal and that those who commit murder related to dowries would be prosecuted under this section. In addition to a fine or both, the perpetrator may get a sentence of up to seven years in jail, with the possibility of a life sentence.

Dowry Death under the Indian Evidence Act

The Indian Evidence Act of 1872, Chapter 113B, deals with deaths linked to dowries. In dowry cases, this chapter addresses the assumption of death. It says that the court will automatically assume that dowry-related issues caused a woman's death if she dies within 7 years of her marriage and there is evidence of severe physical burns or injuries along with evidence of abuse, torture, or harassment from her husband, his relatives, or members of his family.

Dowry Prohibition Act, 1961

Definition of dowry under the Dowry Prohibition Act-

• Chapter 2 of the Dowry Prohibition Act, which was passed in 1961, defines a "dowry" as any kind of property or valuable assets that are given or received during a marriage ceremony, either directly or through middlemen. This includes gifts given from one spouse's family to the other spouse's family or other relatives involved in the marriage. Additionally, before a marriage occurs, if one spouse requests gifts from the other spouse's family or other relatives involved in the union, these can also be considered dowry

Penalty for dowry under the Dowry Prohibition Act-

• The act of receiving or disbursing dowry starting from its enactment will be subject to penalties including imprisonment for a period shorter than five years, along with a fine or a combination of both.

Penalty for demanding dowry under the Dowry Prohibition Act-

• According to the Dowry Prohibition Act, anyone who requests, in any way, dowry from the parents of the other spouse in a marriage is subject to imprisonment for a minimum of six months, with a potential extension to two years. Also, a fine of ten thousand rupees.

Dowry Death Case Laws in India

In the case of Satbir Singh v. State of Haryana(2021)

• In this case, 1994 saw the marriage of Satbir Singh, the person contesting the verdict, and his late wife, the person who passed away. Satbir Singh's father found out his daughter was seriously unwell and had to be hospitalized not long after they were married. She tragically died there in a short time.
• The dead's family made it apparent in their grievance that Satbir Singh, the person contesting the ruling, and his family had been abusing and intimidating the deceased before her passing. This was because she had brought a small dowry with her into the marriage. On the other hand, Satbir Singh, the one challenging the decision, claimed that the deceased had taken her own life by setting herself on fire.
• On the occasion of November 12, 1997, following a thorough examination of the evidence and facts presented by both parties, the appellant was found guilty under sections 304B and 306 of the Indian Penal Code 1860. As a result, the appellant was sentenced to a harsh term of seven years in prison, with an additional five years for offences under sections 304B and 306.

Conclusion

Dowry death represents the most severe type of domestic abuse that is widespread in India. Despite dowry being illegal in the country, the tradition persists. Dowry has been a part of Indian culture for centuries. Annually, numerous women in India are murdered by their spouses or family members due to the excessive demands for dowry, driven by greed. The laws established by the Indian Penal Code 1860, the Indian Evidence Act 1872, the Domestic Violence Act 2005, and the Dowry Prohibition Act 1961 impose severe penalties, including long prison sentences and hefty fines, to deter dowry-related murders in India.