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DAMODRAM SANJIVVYA NATIONAL LAW

UNIVERSITY,

VIZAG

PROJECT WORK ON:

“DOWRY DEATHS, EMPIRICAL STUDIES AND LEGISLATION”

SUBMITTED TO: Dr. Lakshmipati Raju Sir

(FACULTY OF SOCIOLOGY)

SUBMITTED BY-

DHRUV RAJPUROHIT

ROLL ID:-2014036

1STSEMESTER,1ST YEAR

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CERTIFICATE

The project entitled “DOWRY DEATHS ,EMPIRICAL STUDY AND LEGISLATIONS IN INDIA" submitted to the Damodram Sanjivvya National Law University, Vizag for as part of internal assessment is my original work carried out under the guidance of faculty of sociology. The research work has not been submitted elsewhere for award of any publication or degree. The material borrowed from other sources and incorporated in the work has been duly acknowledged.

Signature of the candidate

Date:

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ACKNOWLEDGEMENT

project is a bona-fide record of all the data collected pertaining to the topic. I hereby

acknowledge the help and support of our vice chancellor, our subject teacher, and all

the staff of the library for their timely help and suggestions. I also thank my friends for

their sincere support, last but not the least, I thank my parents for all that they had

given to me and god almighty for keeping me in good condition to finish this project on

time and best of my capabilitiesThis

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INTRODUCTION

Dowry refers to the valuables, money and other assets brought by the bride to her husband’s

home on their marriage. “Gods reside there where women are worshiped”. Though we know

from one ancient culture and quote the above quotation, but things are quote different in our

society.

Originally parents of the bride would give their daughters present, ornaments and other

necessary articles of daily use. These things were meant to contribute, according to their

status, to a happy family life. By and by the rich of our society whom we call pillars of

society, gave this custom a design to fill pockets of the parents of the bridegroom. In due

course of time demand for the dowry became most essential condition of the marriage

settlement. The demand in cash which depends upon the merits of the boy and the status of

the family become a terror for the society. Middle class people became main target of the

attack. The devil of dowry has put an end to the happiness of several couples even after

marriage.

Dowry means property / money brought by a bride to her husband on their marriage. Dowry

death or suicides by married women as a result of their being subjected to cruelty by in – laws

or husband constitute a slur on the Hindu society. More often cruelty emanates from the

failure of the parents of the girl to meet the exacting demand for the dowry by the in-laws of

the victims; our anxiety on this score has darkened into dread which in turn has dwindled into

despair. Dowry death, at present, is a burning problem of the society. It is increasing day by

day owing to prevailing socio – economic fabric and life style in the family. Dowry death has

thrown a major challenge to the police personnel, medico legal experts as well as to judicial

officers not only to wipe out this social menace but also to penalize the culprits in deterrent

manner. In India, the payment of a dowry was prohibited in 1961 under Indian civil law and

subsequently by Sections 304B and 498A of the Indian Penal Code was enacted to make it

easier for the wife to seek redress from potential harassment by the husband’s family.

The status of women in a society indicates its level of progress. However it is affected by

certain macro forces as economic development, political participation, and ideological

observations. It is also shaped by the norms and values society lies down with regard to

women’s behaviour. It has gone through several changes during various historical periods.

The women were less literate, more unemployed, less visible in the authority structure, more

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prone to diseases and suffered more from barriers of customs and patriarchal norms and

values. The year 1975 was observed as the International Women’s Year and 1975 – 1985 as

the International Women’s decade and March, 8 is observed as the International Women’s

day each year. Women’s rights are human rights and should be treated as such. Gender

equality and equity are integral parts of our thought and culture. Gender bias works against

females since infancy. The law ensures the minimum age of marriage of men (21 years) and

Women (18 years). Child Marriage is a common feature in our society. It is more common in

villages and among the illiterates. Dowry system is very common in the Indian society. The

Rural people still believe in many superstitions. Sometimes women are to be declared as

‘witches’ or ‘Daynis’ by the ‘Sadhu’ and ‘Tantrik’ and forced to die to get rid of evil sprits.

There is a lower enrolment of girls in schools and higher dropout rate. The incidence of

dropout and stagnation amongst girl is nearly twice that of boys. Malnutrition and anemia are

the prime cause of this lower health status and lower health status manifests itself in lower

life expectancy, higher rate of mortality, morbidity and lower levels of productivity.

Trafficking is also a serious problem. Women continue to face the harsh realities of eve

teasing & rape. Underreporting is one of the main problems in these cases because of social

bearers. The Government of India has brought about specific legislation to protect and

safeguard the rights of women. The 73rd and 74th Constitutional Amendment Acts of 1993

mark historic events in the advancement of Indian women. The major policy initiatives

undertaken by the Department in the recent past include the establishment of the National

Commission for Women (NCW), Rashtriya Mahila Kosh (RMK), adoption of National

Nutrition Policy (NNP), strengthening of ICDS, setting up of National Creche Fund (NCF)

and several other programme for women. But unless mass literacy and financial

independence, are achieved the betterment of the situation is not possible.

Women in India are great victims of dowry system in our society, the male-dominated

society. Dowry is illegal only on paper, in judiciary, or in legislature benches. Practically the

daughter-in-law is generally treated as the goose that lays the golden egg. Once they stop

laying egg, they are tortured both mentally and physically. Also those victims are driven out

to leave the house or commit suicide. Females in India are numerically fewer than the males.

In practical field the plight of women in India is pitiable now-a-days. Girls and women

constitute Indian’s largest oppressed section. Indeed they are some of the staunchest

upholders in a family set-up where not only women but girls are expected to bear the entire

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domestic drudgery, perform most of the parental duties as mother and sacrifice themselves

for the benefit of their offspring.

It appears that brides are not humans, they do not have the feelings or dreams or

natural desire to be loved. The husbands and the in-laws treat them as mere bundles of rich

dowry. Unfortunately this attitude to the brides has proved demoralizing enough to have their

hopes withered and the dreams blighted. Today many of the grooms only dream of netting of

the bigger fish and if the brides are found to be bringing with them a small fortune they feel

deceived and frustrate. The wedding does not create a bond of love for them. Sometimes the

brides may refuse to be servile and to submit without protesting. But that only leaves them

involved in some sort of scandal, which even the organized movements cannot bust, and

consequently very often they are made to commit suicide.

The husbands and the in-laws treat them as mere bundles of rich dowry.

Unfortunately this attitude to the brides has proved demoralizing enough to have their hopes

withered and the dreams blighted. Today many of the grooms only dream of netting of the

bigger fish and if the brides are found to be bringing with them a small fortune they feel

deceived and frustrate. The wedding does not create a bond of love for them. Sometimes the

brides may refuse to be servile and to submit without protesting. But that only leaves them

involved in some sort of scandal, which even the organized movements cannot bust, and

consequently very often they are made to commit suicide.

DOWRY LAWS:

Legislation and pious words cannot put an end to the evils of dowry system prevailing in

India. The status of women in Indian society must be raised by educating them and ensuring

economic independence, so that they can cease to be mere instruments for house-keeping and

breeding children for men. When the women themselves rise against the ignominy of dowry,

the society would be forced to change its attitude to them. If, instead, they resign to their fate,

they will go on suffering for the sins of Eve.

To prohibit the demanding, giving and taking of Dowry, the Dowry Prohibition Act, 1961 has

been in force since 1st July 1961.

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To stop the offences of cruelty by husband or his relatives on wife, Section 498-A has been

added in the Indian Penal Code, and Section 198-A has been added in the Criminal Procedure

Code since the year 1983.

In the case of suicide by a married woman, within 7 years from the date of her marriage, the

Court may presume that such suicide has been abetted, encouraged by her husband or his

relatives. Provision to this effect has been added in the Indian Evidence Act, by adding

Section 113-A since the year 1983.

The object in forming the Dowry Prohibition Act and adding provisions in the Indian Penal

Code, the Criminal Procedure Code and the Indian Evidence Act is to remove the evil of

dowry system and give protection to women. The object of this article is to try and explain

whether the demand for dowry amounts to cruelty or not.

Section 304-B of the Indian Penal code lays down that where the death of a women is caused

by any burns or bodily injury or occurs otherwise than under normal circumstances within

seven years of her marriage, such death shall be ‘dowry death’, and such husband or relative

shall be deemed to have caused her death.

It is very good that the law has been imposed to protect the victims of dowry system but in

adequate practices strengthen the oppressors. As for the parents of the girl, their guilt in

marrying off their girl child to a dowry-hunter and thereafter shut their eyes to the plight of

their daughter in her husband’s home is not punishable in law to some extent.

From ancient time we are seeing that the Sita, the Savitris etc. of this country are brought up

from their infancy as second rate citizens who are inferior to their brothers. Now-a-days we

are also observing the same, the different status of boy and girl in a family. When a boy is

playing with machinery toys, a girl is playing with house-hold utensils-toy. When the boy

reads story books, plays cricket, the girl of the same parents assists her mother in house-hold

works. When the boy thinks about his futures that he would be a doctor, or an engineer or a

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magistrate, the girl thinks that how will she is married, how will she look after her child and

so on.

More than four decades have passed, but the position status of women remains in a stagnant

position. It is that we had the great personalities like Raja Rammohan Roy, Iswar Chandra

Vidyasagar who did enough for the sake of women. In present time the leaders often cry for

the plight of women for their voting purpose only.

The IPC explains, rather than define the word cruelty. It states that for the purpose of this

section i.e. sec 498 A, “cruelty” means:

(a) any wilful 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; or

(b) harassment of the woman where such harassment is with a view to coercing her or any

person related to her to meet any unlawful demands for any property or valuable security or is

on account of failure by her or any person related to her to meet such demand.’1

Despite this explanation, there seems to be no clear cut definition of cruelty. Be it the Hindu

Marriage Act, 1955 or the Dowry Prohibition Act 1961 or the Indian Evidence Act, none of

them seems to carry the definition of cruelty. Hence, in an end number of cases we find that a

number of judges have tried to define cruelty in many ways.

The most landmark case being Shobha Rani v. Madhukar Reddy2. In this case, the learned

Chief Justice observed that, ‘The word “cruelty” has not been defined. Indeed it could not

have been defined. It has been used in relation to human conduct or human behaviour. It is

the conduct in relation to or in respect of matrimonial duties and obligations. It is a course of

conduct of one which is adversely affecting the other. The cruelty may be mental or physical,

intentional or unintentional. If it is physical the court will have no problem to determine it. It

is a question of fact and degree. If it is mental the problem presents difficulty.’

1[2]Indian Penal Code, 1860, Section 498 A, as amended in 1983.

[3]Shobha Rani v. Madhukar Reddy,1988 SCC (1) 105 JT 1987 (4) 433.2

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Indeed the word cruelty is a very subjective term. One cannot define it in one go. One can

only infer what it is for a particular individual in a given instance. The subjectivity of this

term has time and again posed as a major challenge to the Indian courts. Yet many have tried

to infer its true meaning from the facts provided. The above mentioned case also defined how

cruelty is not an intentional aspect. The learned judges mentioned in the case that, ‘It is not

necessary to prove the intention in matrimonial offence. From the context and the set up in

which the words `cruelty’ has been used in s. 13(1) (i-a)3, intention is not a necessary element

in cruelty. That word has to be understood in the ordinary sense of the term in matrimonial

affairs. If the intention to harm, harass or hurt could be inferred by the nature of the conduct

or brutal act complained or, cruelty could be easily established. But the absence of intention

should not make any difference in the case, if by ordinary sense in human affairs, the act

complained of could otherwise be regarded as cruelty.’

The court here clearly said how immaterial it is to establish whether the cruelty meted out

was intentional or not. The reason being that the matrimonial duties and responsibilities are

of varying degrees from house to house or person to person. Therefore, when a spouse makes

complaint about the treatment of cruelty by the partner in life or relations, the Court should

not search for standard in life.

In a recent judgement, the Supreme Court said that “merely being “intimate” with another

woman is not sufficient ground for a man to be held guilty of inflicting cruelty on his wife on

the charge of failing to discharge his marital obligations.” A bench of Justices K S

Radhakrishnan and P C Ghose said ,”We are of the view that the mere fact that the husband

3 The Hindu Marriage Act, Section 13(1) (i-a), 1955.

4 Dhananjay Mahapatra, TNN, Adultery is not cruelty, Supreme Court Says, The Times of India, Sep 10, 2013, 01.09 AM IST,

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has developed some intimacy with another, during the subsistence of marriage, and failed to

discharge his marital obligations, as such would not amount to cruelty.”

In this particular case, the fact that cruelty was mental needs to be understood on the basis of

degree of each person4 In matrimonial cases, the Court is not concerned with the ideals in

family life. It has only to understand the spouses concerned as nature made them, and

consider their particular grievance.5

Cruelty has two types. One is physical cruelty while the other is mental cruelty. Mental

cruelty is again very hard to define for it is the most subjective element in the definition of

cruelty. Still the courts have tried to explain it on the basis of the circumstances available.

The definition of mental cruelty in Black’s Law Dictionary is from the basis of divorce. It

states, ‘one spouse’s course of conduct (not involving actual violence) that creates such

anguish that it endangers the life, physical health or mental health of the other spouse’.6

The courts while dealing with mental cruelty decided to consider every aspect from a family

oriented point of view. In another landmark case of A. Jayachandra v. Aneel Kaur 7, mental

cruelty was addressed in the light of the norms of marital ties of the particular society to

which the parties belong, their social values, status, environment in which they live. Mental

cruelty falls within the purview of a matrimonial wrong.

The reason as to why there isn’t any definition of mental cruelty is because the concept

cannot be static. There cannot be a parameter regarding the extent of mental cruelty in

matrimonial case. The same goes for cruelty as a whole. There is no doubt a universal idea of

cruelty yet the core issue here is subjective. It differs from individual to individual. In the

case, Samar Ghosh v. Jaya Ghosh8 the SC held that the concept of cruelty differs from person

to person depending upon the upbringing, level of sensitivity, educational, family, cultural

background, financial position, social status, customs, traditions, religious beliefs, human

values and value system.

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5 DhananjayMahapatra, TNN, Adultery is not cruelty, Supreme Court Says, The Times of India, Sep 10, 2014, 01.09 AM IST, at http://timesofindia.indiatimes.com/india/Adultery-is-not-cruelty-Supreme-Court-says/articleshow/22445870.cms?utm_source=facebook.com&utm_medium=referral6 Bryan A. Gaener, Black’s Law Dictionary, 9th Ed. , 2009, p.4347 MANU/SC/1023/20048 (2007 (4) SCC 511)

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DOWRY AND MARRIAGE SYSTEM:

It is a shame that reaching at modern age, the dowry system is still prevalent in our society.

Like untouchability and caste system, dowry system is not only a mere evil but also a

criminal offence. It is unfortunately, for a boy's father to ask for a dowry from the girl's father

before a marriage is finalised. This has reduced marriage to a business deal. Among

unbelievers, such a practice is understandable because, being spiritually blind, they allow

covetousness to rule their lives. But what shall we say when most believers also indulge in

this practice - even those who claim to be Spirit-filled? Surely the Devil has blinded them

too.

Many a marriage arrangement has failed because the parents of the girl could not meet the

exorbitant demand for dowry made by the parents of the boy. Many girls in our land have

been emotionally disturbed and brought to frustration because of this - and some have even

committed suicide. Every day in India, some wife somewhere burns herself to death because

of her husband harassing her to get more dowry from her father.

Because of non-payment of dowry in form of cash and otherwise constant physical and

mental torture is one of the common incidents against women. Even it leads to death in

several occasions. The Indian government has reported that an estimated 6,000 women a year

die as a result of dowry abuse. Many more are maimed and injured. Dowry is a criminal

offence under the Dowry Prohibition Act, 1961(revised in 1984) and imprisonment as well as

cash punishment is charged against the criminal. Hindu Adoption and Maintenance Act, 1956

protects the divorce women through economic support

The marriage contract today is entered into more autonomously by both men and women.

The character of the marriage contract has changed even more than in outward from. The

traditional marriage ceremony in civilisation was based on the principle of male dominance

and female obedience. But when the wife premises to ‘obey’ where this world remains in

marriage ritual, she and her husband alike are aware of the ceremony is for the most part relic

of the past. Choice of mate by mate and mutual determination of the relationship that hinds

them have replaced the older external and one-sided control. In our male-dominated society,

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women basically depend on male-domination. They have an economic dependence on the

male-spouse. From here dowry-system has come.

SOLUTION FOR DOWRY SYSTEM:

To eliminate the dowry system people have to take massive steps against this system:

illiteracy must be eradicated from our society,

Female members of our society be treated as like male members. They are the part and

parcel of our society,

Destruction of daughter foetus in the mother womb immediately be stopped and

accused must be punished,

The women are to be introduced in every field of work not only in the house-hold

work,

Education to be imparted equally to the female like male,

Working opportunity is to be given the competent female candidate. If economically

they are self-sufficient, the problem will be solved partly. Now-a-days unemployment

problem is also a criterion to accelerate this curse,

Law related with marriage-contract must be amended and women have to give

unconditional intention to marry like male. Their intentions have to be given great

importance.

It is to be granted by the parents that a daughter is equal to a son. She has same right as

son. Moreover, the female has to be conscious about her rights, necessities and

urgencies in this society. Only some reservation of seats in railways compartments and

buses will not solve the problem of women.

The women have to capture their rights forcefully uniting against their oppressors.

Otherwise, the problems will remain in the same position as before and as present.

The social evil of dowry system attracted the attention of the government. It started its

campaign against dowry custom. It enacted the Anti-dowry Act in 1961. But it received no

support of the society and the administration also neglected the act. Hence this gave no relief

to the poor people.

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The proclamation of national emergency had given this social evil a death blow. The

government seemed to be determined to root out this growing evil. Out late Prime Minister.

Smt. Indira Gandhi had asked the young boys of the country to come forward to fight this

social evil. She herself had set the example by marrying her son Sanjay Gandhi to Meneka

Gandhi in a very simple ceremony without any dowry. Her call received a warm welcome.

Millions of young boys had taken oath not to accept any dowry. Similar thousands of girls

had decided once for all to marry those boys who demand no dowry.

Many state governments took bold step at the call of the Prime Minister. They amended the

old Anti dowry Act. They also made new act. Dowry was restricted to Rs 3000 to Rs 5000/-.

Punjab and Bihar came first in the fight followed by other states. People have been asked to

celebrate marriages in the day time with ordinary decoration. This will reduce the expenses of

the marriage. Road blocking and fixing Shamiyanas on the public places has been banned.

Number of Baratis (members of the marriage party) has been restricted to 25. Government

servants, officials and ministers have been asked not to take part in any marriage in which

dowry is taken or given.

THE EVILS OF DOWRY SYSTEM

The dowry at present is a source of both joy and curse in the society. It is also a joy to the

husband and his relatives who get cash, jewellery, costly dress, utensil and furniture.

But is a curse to the bride and her parents who have to bear gigantic cost to satisfy the

irrational demands of the family of the boy. It is a matter of immense regret that societies

which were earlier free from dowry are gradually falling prey to it. If the demands for dowry

ended with conclusion of marriage, there might have been some room for relief. But it is a

sad experience for many that the demands of dowry are extended towards the bride’s parents

even after the marriage of their daughter. She is sent to her parental home to bring more cash,

ornaments, etc. as dowry. If she returns without dowry, cruel treatment or torture waits for

her.

When more pressure is put on the bride’s parents, their dear daughter has no other option but

to commit suicide to evade more insult and torture at the hands of the members of her

husband’s family.

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Though India has host of problems to tackle today, yet the biggest which the country is facing

is dowry. Dowry, in fact, has destroyed our economy. Today we fix dowry rates of boys of

deferent categories – doctors, engineers, lecturers, business men, executives, administrative

services, etc. Merit of the girl has nothing to do in the settlement of the marriage proposal.

We generally see that ordinary parents find it difficult to select a boy, well settled in life, for

their girl who is well qualified and well versed with household activities.

SOLUTION

It is our moral duty, social obligation and legal right to fight against the dowry system. The

evils of dowry system must be removed at any cost. At public pressure the Government has

enacted certain anti- dowry laws but these have not produced the desired results.

The effort of the people in society need to act rationally, if they want this evil is to be

removed.

The lofty expenditure of the marriage ceremony must be cut down.

Women must be trained since girlhood that their life is not hopeless without marriage.

They should be encouraged to have higher education.

Their age of marriage should be raised.

They should be encouraged to enter into various fields of paid jobs, as their higher

economic status also discourages demands for dowry.

The practice of mass marriage should be encouraged for the sake of economy.

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CONCLUSION

Dowry System is the one of the worst problem in Indian Society. It does not only affect the

individual victims, the brides, but the entire social fabric which was created to help realize

the aspirations of both the individuals and the collective. The brides as sacrificial goats only

show the canker that spreads all over this social fabric.

Dowry System has its root in the attitude of Indian society towards women. However

reverential we may be in our references to the women, our mothers, daughters, sisters and

wives, the society has done very little to end the servility of women to men. The Indian

women do not really have any will of their own, nor do they have any aspirations beyond

serving and pampering their men. In spite of the social bonds the women are treated, even

today, with pity and nobody thinks of giving them equal status with men.

Sometimes people talk about social injustice of dowry system but there are just like many of

our annual rituals and exercises in futility. When the question of marrying the girls comes,

the parents are the unhappiest creatures on earth. The only problem is not to find a groom

suitable for the girl, but to meet demand of dowry. Even after the marriage the bride’s parents

have to shut their mouth in front of the groom and his family. Many times often girl is

tortured, slighted and humiliated for no fault of hers but because the dowry she brings is not

rich enough. The custom is that the bridegroom’s parents would be made richer and the

bride’s the poorer, so the bride must suffer if the dowry fails to make the bridegroom’s

parents rich. At her in-law’s place, she must be prepared to suffer silently and stoically. She

knows well enough that the women are born to suffer and it is a sin to protest against their

destiny.

In the civilized society it is a shame that the happiness of our women are dependent of the

quantum of dowry and other valuable materials that she brings from her parents to her

husband’s home. When almost every day we read in the newspapers the news about bride-

burning, we cannot but find our civilization to be a fake one, all those stories about our

progress seem to be told by an idiot and they mean nothing.