DOWRY DEATH preface-
Dowry refers to any kind of gift in the form of cash or goods which could be beautifiers or some kind of commodity or any ménage item that’s needed by the union marriage to start their wedded life which is given by the bridegroom’s family to the bridegroom bachelor. According to section 2, of dowry prohibition act 1961. Dowry is any kind of property or any precious security directly or laterally agreed to be given by one party to a marriage to the other party at or before or any time. After the marriage in connection with the marriage of the set parties. There are different factors behind the actuality of the dowry system which includes as tradition/ customs, subject of character and ignorance. Dowry deaths are the deaths of wedded women who are boggled or driven to self-murder due to dowry controversies. Dowry deaths are most common in India, Pakistan, and Bangladesh. India had the largest total number of dowry deaths, with,391 reported in 2010, inferring1.4 deaths per,000 women. In 2021, there were nearly6.8 thousand recorded dowry death cases in India.
This was a gradational reduction from 2014, when the figure was at8.5 thousand. Details of the conception – Chapter XVI of the Indian Penal Code 1860, covers the offence affecting the mortal body. section 304 B of the Indian Penal Code defines dowry death as “ if a woman dies within seven times of marriage. ’’ by any be or fleshly injury or it was revealed that soon before her death. She was exposed to atrocity or importunity by her hubby or any other relation of the hubby in connection to demand dowry, also death of the woman will be considered asb dowry death. colorful essential constituents of dowry death –
1( Death must be caused , fleshly injury or any other unnatural circumstances.)
2( Death must be do, within seven times of marriage.)
3.( It must be bared that soon before her death, the death was exposed to atrocity or importunity by her hubby or any other relative, on hubby’s side.)
4.( The atrocity or importunity should be connected to the demand for dowry.) Section 113 B of Indian substantiation Act. This provision deliberates presumption as to dowry death. when the question is whether a person has committed the dowry death of the woman and that soon before her death, the woman has been subordinated to atrocity or importunity, in connection with any demand for dowry, the court shall presume( strict liability) that similar person has caused the dowry death. In simple words, courts presume to have committed similar crime, so indicted has to proved himself innocent.
Meaning of ‘ Soon ahead ’.( under Dowry system). – The description of dowry death constitutes, the expression soon before whose interpretation have been done easily in the case of Devendra singh and othersvs. state of uttarakhand 2 april 2022. It was held that soon before her death must be interpreted as proximately before the woman ’s death and not incontinently previous to the woma ’s death. 1973 law of Criminal Procedure Dowry death is anon-bailable offence, which means that statements from the court are needed to arrest a person and the person can not be acquitted without a court order, and cognizable, which means that the police have the authority to arrest anyone without a leave and the authority to conduct an disquisition with or without the authorization of a justice of a court. Section 41 of the Code of Criminal Procedure, 1973 requires a police officer to be satisfied with the complaint filed against a person and to follow all of the procedures of Section 41 of the CrPC when arresting someone without a leave. The 1961 Dowry Prohibition Act The Dowry Prohibition Act of 1961 was the first piece of national legislation pertaining to dowry prohibition and dealing with the prevalent dowry system. The Act establishes a specific set of preventive and punitive actions against the threat already present, but although being widely hailed, the goals have not been met. The failure was mostly attributable to the government’s execution of the rules, not to specific flaws in the legislation themselves. This failure is also attributable to the deeply ingrained nature of the dowry system in our society and a lack of appropriate government response. Along with it, there is There is also a general lack of awareness. Although the public (mainly literates) supported the act, the situation has not changed because many facets of society are not even aware that it exists. If individuals aren’t even aware of the laws, what good are they?
The Dowry Prohibition Act was twice revised in 1961 to broaden the definition of the term “dowry” and strengthen the penalties for the many kinds of infractions of its provisions. Any property or valuable security from one side to the other given or agreed to be supplied in the future directly or indirectly in connection with marriage amounts to, in accordance with Section 2 of this Act, According to the law, “dowry” refers to any property or valued security that is given or agreed to be given to another party in connection with a marriage.The original phrase in the Act was “as consideration for the marriage of such parties,” which gave the term “dowry” a much more limited definition.
Inder Sain v. State of Punjab (1973) was a case in which it was determined that: The phrase “consideration” was limited to a purpose, justification, or reward for marriage and did not apply to any things or property that were requested or provided after marriage.
CONCLUSION-
Women are regarded as the foundation of society, and it is shameful to slaughter or burn them for dowry alone. All things considered, the government must make certain arrangements and take specific actions to eradicate such horrible acts, the most important of which is to maintain equality for women with respect to males so that they are not dependent upon them and to view women’s reservations as a means of empowering women. Small adjustments can have a large impact, so in order to eliminate this risk, we must raise awareness of dowry among the populace. Isn’t it ironic that women are burned at the stake by their own people for a few pennies in a country where marriage is revered? Dowry ought to be banned. The dower arrangement is beneficial as long as it is not viewed as a gift from the bride’s parents.
Case law and refrences- 1. Devendra singh and others vs. state of uttarakhand 2 april 2022. It was held that soon before her death must be interpreted as proximately before the wife’s death and not immediately prior to the wife’s death.
- Inder Sain v. State of Punjab (1973) was a case in which it was determined that: The phrase “consideration” was limited to a purpose, justification, or reward for marriage and did not apply to any things or property that were requested or provided after marriage.