Dowry death is a severe problem in India, and it is a significant form of violence against women. It is an act of murder or suicide committed by a woman who has been harassed, tortured, or killed because of a dispute over dowry payments. The practice of dowry, which is the money, property, or gifts given by the bride’s family to the groom’s family at the time of marriage, is deeply rooted in Indian culture. However, the abuse of dowry has resulted in countless cases of dowry deaths over the years.
Dowry deaths in India are a form of gender-based violence and have been recognized as a criminal offense under the Indian Penal Code (IPC). The law states that any death of a woman within seven years of marriage due to harassment or cruelty by the husband or his family for dowry is considered dowry death. The punishment for the offense is imprisonment for a minimum of seven years, up to life imprisonment.
Despite the legal provisions, dowry deaths continue to be prevalent in India. According to the National Crime Records Bureau (NCRB), in 2019, there were 7,026 reported cases of dowry deaths in the country. These numbers do not reflect the true scale of the problem, as many cases go unreported due to fear of social stigma, family pressure, or lack of trust in the justice system.
One of the reasons for the persistence of dowry deaths is the social and cultural norms that perpetuate the practice of dowry. In many parts of India, it is seen as a way of showing the groom’s family’s social status and financial stability. The bride’s family is often expected to provide a large dowry, which can put a significant financial burden on them. If they fail to fulfill the groom’s family’s demands, it can result in harassment, violence, and even death.
The issue of dowry deaths can also be attributed to the patriarchal nature of Indian society, where women are viewed as inferior and subordinate to men. Women who are unable to provide a sufficient dowry are often subjected to verbal and physical abuse, and in extreme cases, killed. The dowry system reinforces the belief that women are a financial liability and perpetuates discrimination against them.
To combat dowry deaths, there needs to be a concerted effort from both the government and society. The government needs to enforce the law strictly and ensure that perpetrators of dowry deaths are held accountable. There should also be a focus on raising awareness about the issue and educating people about the legal consequences of dowry-related offenses. It is also essential to challenge the social and cultural norms that perpetuate the practice of dowry and promote gender equality.
Section 304B of IPC defines Dowry death. — (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years 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.
Both 304B of IPC as well as 113B of the Indian evidence act was added by the dowry prohibition act to combat the menace of dowry killing.
Essentials of dowry death:
The following are essential ingredients of the section that were discussed in the case of Shanti v state of Haryana:
- Death caused due to burns or bodily Injury
- Death within 7years of marriage
- It must be proved that she endured cruelty and harassment from her husband or his relatives.
- She must have been subjected to cruelty or harassment by her husband or his relative soon before her death.
- The cruelty and harassment must be for dowry
The burden of proof is on the prosecution to prove that the deceased was subject to cruelty or harassment in connection with demand for dowry soon before her death.
What is dowry?
Section 2 of the Dowry Prohibition Act, 1961 defines dowry as follows
In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parent 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 in connection with the marriage of the said parties
Punishment for dowry death:
The punishment in case of a dowry death is mentioned in section 304(b). any person who commits the offence of dowry death will be punished with the imprisonment of seven years or it may even extent to life imprisonment. It is cognizable and non bailable offence.
Case laws
There have been several cases in India related to dowry deaths. Here are some of the prominent ones:
State of Uttar Pradesh v. Krishna Kumar Singh: In this case, the Supreme Court held that if the accused person had knowledge or had reason to believe that the victim’s death was due to dowry harassment, he could be charged with dowry death under Section 304B of the Indian Penal Code.
State of Andhra Pradesh v. S. Apparao: In this case, the accused was charged with dowry death under Section 304B of the IPC for causing the death of his wife due to harassment for dowry. The court held that the prosecution must establish that the victim’s death occurred within seven years of marriage and was due to dowry harassment.
State of Punjab v. Inder Pal Singh: In this case, the accused was charged with dowry death under Section 304B of the IPC for causing the death of his wife. The court held that the prosecution must prove that the accused was responsible for causing the victim’s death due to harassment for dowry and that the harassment was of such a nature that it would drive the victim to commit suicide or homicide.
State of Karnataka v. Umesh: In this case, the accused was charged with dowry death under Section 304B of the IPC for causing the death of his wife. The court held that the prosecution must prove that the accused subjected the victim to harassment for dowry, which led to her death, and that the harassment was of such a nature that it would cause a reasonable person to commit suicide.
State of Haryana v. Jagbir Singh: In this case, the accused was charged with dowry death under Section 304B of the IPC for causing the death of his wife. The court held that the prosecution must establish that the accused subjected the victim to harassment for dowry, which led to her death, and that the harassment was of such a nature that it would drive the victim to commit suicide or homicide.
These cases illustrate the seriousness of dowry deaths in India and the legal consequences that perpetrators face. The courts have been strict in enforcing the law and ensuring that justice is served to the victims and their families. It is important to continue to raise awareness about this issue and work towards creating a society where women are treated with dignity and respect. In conclusion, dowry deaths are a heinous crime that violates women’s basic human rights. It is a reflection of the deeply entrenched patriarchal attitudes and practices that prevail in Indian society. To eliminate this problem, there needs to be a collective effort to change the social and cultural norms that promote dowry, enforce the law strictly, and promote gender equality. It is only then that we can hope to create a society where women can live with dignity and without fear.
Reference:
Section 304B of IPC
Section 2 of the Dowry Prohibition Act, 1961
State of Uttar Pradesh v. Krishna Kumar Singh 1968 AIR 1402, 1968 SCR (3) 774
State of Andhra Pradesh v. S. Apparao:
State of Punjab v. Inder Pal Singh JT 1997 (8) SC 466, 1997
State of Karnataka v. Umesh
State of Haryana v. Jagbir Singh 1721 of 1996
https://www.jstor.org/stable/44156653
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