Dowry Death in India: Laws and Regulations
Written By: Nikita Mandal
Introduction
Dowry as a dowry is considered an expression of the prohibition law in the sense of valuable protection property with marriage and the claim of involuntary alliances such as groom on behalf of the bride’s parents or relatives.
However, Indian law against dowry has been in force for decades. They have been widely criticized for being ineffective. The practice of killing and maiming dowry persists in most parts of India and has added to the concerns of its application. Section 498-A of the IPC requires automatic arrest of the groom and his family when the wife alleges dowry harassment. The law was widely abused and in 2014 the Supreme Court ruled that arrests could only be made with the approval of a magistrate.
Dowry system in India
In India, the dowry system is given to the bride’s family as a condition of marriage by the groom, his parents, or relatives. Dowry needs to be amended to stop the regular separation of daughters as a result of the Diagonal Inheritance Act of India, and the Hindu Inheritance Act. The dowry basically includes some kind of gift that is given in cash or with pride to the daughter’s family and includes cash, jewellery, furniture, bedding, and other household items that the newlyweds set up in their home.
The dowry system is thought to impose a large financial burden on the bride’s family. In some cases, the dowry practise leads to crimes against women, ranging from emotional and traumatic to death. Dowry is prohibited under certain Indian laws, including the Prohibition of Dowry Act, 1961, and later sections 304-B and 498 of the IPC.
What is dowry death:
Dowry Death (Section 304-B) Of IPC
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven-year 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.
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven-year but which may extend to imprisonment for life.
Explanation:
For the purpose of this sub-section, Dowry shall have the same meaning as in section 2 of the dowry prohibition act,1961.
Types of dowry offences:
Dowry is considered a major contributor to the goal of violence against women in India. Some of these crimes include physical violence, psychological abuse, and even the murder of brides and young girls before marriage. The main types of dowry crimes involve cruelty (including torture and harassment), domestic violence (including physical, emotional, and sexual abuse), suicide, and dowry death (including burning and murder of brides).
- Cruelty:
Cruelty in the form of torture or harassment of women for the purpose of forcing them to meet property or valuable security demands is a form of dowry crime. Cruelty can be in the form of verbal attacks or beatings or harassment to force a woman or her family to demand dowry. In many cases, cruelty can even force a woman to commit suicide and this has been particularly criminalized by anti-dowry laws in India.
- Domestic violence:
Domestic violence includes a wide range of abusive and threatening behaviors that include physical, emotional, economic, and sexual violence as well as intimidation, isolation, and coercion. The Domestic Violence Act of 2005 contains laws such as the Protection from Protection Act that help reduce domestic violence and protect women’s rights.
- Dowry murder:
Dowry dissatisfaction with dowry deaths and dowry killings is related to the bride’s suicide soon after marriage or murder by her husband and her family. Most dowry deaths occur when young women, unable to tolerate harassment and torture, commit suicide by hanging or poisoning.
Case Laws
Arnesh Kumar v/s State of Bihar, 2014 (8) SCC 273
There is a phenomenal increase in matrimonial disputes in recent years. the institution of marriage is greatly revered in this country. Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives.
The fact that section 498-A IPC is a cognizable and non-bailable offence has lent it a dubious place of bride among the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under these provisions. In a quite number of cases, bedridden grandfathers and grandmothers of the husband, their sisters living abroad for decades are arrested.
Conclusion
Dowry’s death is a social curse. Procedures organized by women’s welfare agencies, police, government employees, and the judiciary to enforce preventive punishment for dowry death offenders. To co-operate with the Government of India as well as the Indian judiciary and enact laws to protect the life interests and dignity of women and to provide more justice to the victims of harassment or cruelty by the husband and his relatives.
Changes in the education system have improved the education status of women and reduced the number of deaths in dowry employment services. However, some corrective measures need to be taken to reduce this social danger of dowry death. But most importantly, a commitment is needed to keep the greed for dowry away.
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