By : Kratika Kushwah
INTRODUCTION:
Marriage is a sacrament in Hindu and contracts in Muslims, and it’s something fascinating and the purest form of activity. We all have heard the cases related to dowry demand and deaths caused due to dowry and it’s very disheartening to see that a woman dies for not being capable of giving dowry, and at the same time it’s very shameful also that in the 21st century this taboo is still being followed.
The Dowry system is something that has taken the lives of uncountable girls and violence among them. The Dowry system was made to help daughters under challenging times and manage various responsibilities in case of divorce but in today's world, dowry is the basic necessity for any marriage, which is sad.
LEGAL OR ILLEGAL:
We all remember that sometimes we hear from various people that dowry is illegal and people should not take it but on the other hand that people's only in favor of taking dowry and ask how much you got, what's the deal and so on. Dowry has become taboo now.
Dowry is illegal and morally wrong but part of our traditions as well, and it’s more important to give a good amount due to fear of society. After this lots of girl suffers because groom family would not be happy enough and blackmail the brides for making pressure upon her parents and ask for more money and sometimes it leads to suicide, violence, murder.
According to reports, dowry crimes have been increasing over years and over the years 1,10,378 women were killed by husbands and in-laws, every year, major portions of girls die because of this system. Some girls may take a stand for themselves, and that’s lead to divorces or a 1% chance that matters will be sorted.
DOWRY’S POSITIVE ASPECT:
Dowry has a positive side also, but people's made it worse.
Helps newly married couples establish their family.
Supports higher education for poor grooms.
Raise the status of women in the family and society.
Acts as a provided fund.
DOWRY’S NEGATIVE ASPECT:
Dowry causes a tremendous economic burden on the bride's family.
Increase the corrupt attitude of parents.
Lower the standard of living.
Dowry leads to some unethical practices.
Dowry's practice lowered the status of women and also reduced the level of equality.
Imbalance in the sex ratio.
Enhance psychological tensions.
DOWRY DEATH UNDER INDIAN PENAL CODE AND EVIDENCE ACT:
Section 304B of the Indian Penal Code and Section 113B of the Indian Evidence Act clearly defines the deaths that are caused due to dowry, and if a woman dies within seven years of marriage by any means and was revealed that before marriage, she was exposed to cruelty or any violence by her in-laws or husband, then the death will be considered as death due to dowry.
The punishment for dowry will be minimum imprisonment of seven years and maximum imprisonment for life.
ESSENTIALS FOR PUNISHMENT:
Death should be caused within seven years of marriage by violence or any means.
Violence against women must be related to the dowry demand.
It Must be revealed that before her marriage, she was exposed to cruelty or harassment by her in-laws/ husband.
DOWRY DEATH “BAILABLE OR NON-BAILABLE?” :
Bailable offenses are those in which permission from the court is not required to release the arrested person. An Arrested person can be removed by following some procedures, and police officers can’t refuse the person.
Dowry death is a non-bailable and cognizable offense in which police have the authority to arrest any person without a warrant and also have the right to start the investigation without any person of the magistrate.
While arresting a person without a warrant, a police officer must be satisfied with the complaint registered and must fulfill the provision of Section 41 of the Code of Criminal Procedure.
SECTION 498 OF INDIAN PENAL CODE:
This section defines cruelty. If a husband, inlaws, or any relative of his side causes and tries to cause any harm to a woman and due to that if women commit suicide, then they all will be punishable under this section.
Punishment will be imprisonment for three years or have to pay a fine.
The State of Punjab vs. Gurmit Singh on 2 July 2014
In this case, the term relative is analyzed and defined.
Respondent Gurmit Singh was charged under Section 304B of IPC for the death caused to Gurjeet Kaur, wife of Paramjeet Singh. He argued that he is not liable under this section as he is not the relative of the deceased husband.
Later it was found that Gurmit was the brother of Paramjeet's aunt, and due to this, he is not considered the relative of Paramjeet and is not liable under Section 304B.
And it has been analyzed that the word relative considers the relation by blood, marriage, or adoption, others will not fall under this category and, they all will be punishable under different sections.
DOWRY PROHIBITION ACT, 1961:
This act came into existence in July 1961, Indian Officials created this act which prohibits the demand, receipt, or payment of dowry in marriage. In this act, any gifts viewed as a precondition for marriage were punishable and illegal.
Punishment for receiving or giving dowry is imprisonment up to six years and a fine of Rs.5000 or the amount of dowry which was paid.
CONCLUSION:
The primary cause of the dowry system is inferiority among women, they do not have shares in the property and don't have an independent source of income. Parents start to save as the girl child is born so that they can give a good amount in her marriage and often girls don't get proper education and lifestyle due to this.
After providing everything, some families are not satisfied enough, and that's the reason families often go broke and sometimes bride parents are unable to supply the dowry to the groom.
Although laws were made and this system considered illegal, the people are also giving and receiving and we the members of the society, see this nonsense as statues. If we want to change then we must change ourselves and raise our voice against illegal things. Women also should not misuse the provisions and constitutionality for their motives.
REFERENCES:
- https://indiankanoon.org/doc/653797
- https://www.thefreedictionary,com/dowry
- Code of Criminal Procedure, 1973
- Indian Penal Code, 1860
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