This article has been written by Mr.rishav narwariya , a 3rd year BALLB Student from Svkm’s Nmims indore college

Introduction

Dowry death is a social issue in India that has been prevalent for many years. It refers to the death of a woman due to harassment or torture by her husband or his family members for dowry. Dowry is the payment of money or gifts by the bride’s family to the groom’s family at the time of marriage. Although dowry has been declared illegal in India, it still exists in many parts of the country. The practice of dowry has resulted in many women being subjected to harassment, torture, and even death. In this article, we will discuss the issue of dowry death in India and relevant case law related to it.

Legal Provisions related to Dowry Death

The Indian Penal Code (IPC) has several provisions related to dowry death. Section 304B of the IPC deals with dowry death. According to this section, if a woman dies within seven years of her marriage and it is shown that before her death, she was subjected to cruelty or harassment by her husband or his relatives in connection with any demand for dowry, then the person responsible for such cruelty or harassment shall be deemed to have caused her death. The punishment for dowry death is imprisonment for a term not less than seven years but which may extend to life imprisonment.

Section 498A of the IPC deals with cruelty by a husband or his relatives towards his wife. This section was added to the IPC in 1983 to deal with the increasing cases of cruelty by husbands and their relatives towards their wives. According to this section, whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The term cruelty has been defined under this section to include any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman.

Relevant Case Law

There have been several cases in India related to dowry death. We will discuss some of the landmark cases related to dowry death and the legal provisions related to it.

State of Punjab v. Iqbal Singh

in this case, the Supreme Court of India dealt with the issue of dowry death. The accused in this case, Iqbal Singh, had married the victim in 1984. Soon after their marriage, the accused started harassing the victim for dowry. The victim’s father gave the accused Rs. 80,000 and some gold ornaments. However, the harassment continued, and the victim was found dead in her in-laws’ house. The accused was charged with dowry death under Section 304B of the IPC.

The trial court acquitted the accused, but the High Court of Punjab and Haryana reversed the order and convicted the accused. The accused appealed to the Supreme Court of India. The Supreme Court held that the prosecution had proved beyond reasonable doubt that the accused had subjected the victim to cruelty and harassment for dowry. The Court also held that the prosecution had established that the death of the victim was caused by the accused or his relatives in connection with the demand for dowry. The Court, therefore, upheld the conviction of the accused under Section 304B of the IPC.

State of Haryana v. Bhupinder Singh

In this case, the Supreme Court of India dealt with the issue of circumstantial evidence in dowry death cases. The accused in this case, Bhupinder Singh, had married the victim in 1986. The victim’s father gave the accused Rs. 25,000 and some gold ornaments at the time of marriage. However, the accused and his family members started harassing the victim for dowry soon after the marriage. The victim was found dead in her in-laws’ house, and the accused was charged with dowry death under Section 304B of the IPC.

The trial court acquitted the accused, but the High Court of Punjab and Haryana reversed the order and convicted the accused. The accused appealed to the Supreme Court of India. The Supreme Court held that the prosecution had established the necessary ingredients of dowry death under Section 304B of the IPC. The Court also held that the prosecution had relied on circumstantial evidence to prove the guilt of the accused. The Court, therefore, upheld the conviction of the accused under Section 304B of the IPC.

Sushil Kumar Sharma v. Union of India

In this case, the Supreme Court of India dealt with the issue of false dowry harassment cases. The accused in this case, Sushil Kumar Sharma, was a Delhi-based politician. He was charged with murdering his wife, whom he had married in 1988. The accused contended that his wife had committed suicide and that he was being falsely implicated in a dowry death case.

The trial court acquitted the accused, but the High Court of Delhi reversed the order and convicted the accused. The accused appealed to the Supreme Court of India. The Supreme Court held that the prosecution had proved beyond reasonable doubt that the accused had caused the death of his wife. The Court also held that the accused had harassed and tortured his wife for dowry. The Court, therefore, upheld the conviction of the accused under Section 304B of the IPC.

However, the Court also observed that false cases of dowry harassment were also being filed. The Court stated that “It is time to stamp out legal terrorism.” The Court also observed that many such cases were filed with a view to extracting money from the husband or his relatives. The Court, therefore, directed the law enforcement agencies to take steps to prevent the filing of false cases of dowry harassment.

Conclusion

Dowry death is a serious issue in India, and it needs to be addressed effectively. The government has taken several measures to prevent dowry deaths, such as enacting laws and setting up special cells to deal with the issue. However, there is still a long way to go in eradicating this social evil.

The case law related to dowry death shows that the courts have taken a strong stand against this issue. The courts have upheld the provisions of the IPC related to dowry death and have held the accused responsible for their actions. However, the courts have also acknowledged the need to prevent false cases of dowry harassment.

To conclude, the issue of dowry death in India needs to be addressed effectively, and the government, the judiciary, and the society need to work together to eradicate this social evil. The laws related to dowry death should be enforced strictly, and steps should be taken to prevent false cases of dowry harassment. Only then can we hope to create a society where women are treated with respect and dignity.