1DAMODRAM SANJIVVYA NATIONAL LAW UNIVERSITY, VIZAG PROJECT WORK ON: “DOWRY DEATHS, EMPIRICAL STUDIES AND LEGISLATION” SUBMITTED TO: Dr. Lakshmipati Raju Sir (FACULTY OF SOCIOLOGY) SUBMITTED BYDHRUV RAJPUROHIT ROLL ID:-2014036 1STSEMESTER,1ST YEAR 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.2 CERTIFICATE The project entitled “DOWRY DEATHS .EMPIRICAL STUDY AND LEGISLATIONS IN INDIA" submitted to the Damodram Sanjivvya National Law University. Signature of the candidate Date: . 3 . last but not the least. our subject teacher. 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 . I hereby acknowledge the help and support of our vice chancellor. and all the staff of the library for their timely help and suggestions.4 ACKNOWLEDGEMENT project is a bona-fide record of all the data collected pertaining to the topic. I also thank my friends for their sincere support. 5 . 6 . 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. 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. less visible in the authority structure. It is increasing day by day owing to prevailing socio – economic fabric and life style in the family. In due course of time demand for the dowry became most essential condition of the marriage settlement. is a burning problem of the society. political participation. The status of women in a society indicates its level of progress. at present. gave this custom a design to fill pockets of the parents of the bridegroom. ornaments and other necessary articles of daily use. The devil of dowry has put an end to the happiness of several couples even after marriage. Originally parents of the bride would give their daughters present. The demand in cash which depends upon the merits of the boy and the status of the family become a terror for the society. but things are quote different in our society. 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. It is also shaped by the norms and values society lies down with regard to women’s behaviour. to a happy family life. “Gods reside there where women are worshiped”. It has gone through several changes during various historical periods. more unemployed. more . These things were meant to contribute. Dowry means property / money brought by a bride to her husband on their marriage. Dowry death has thrown a major challenge to the police personnel.7 INTRODUCTION Dowry refers to the valuables. Though we know from one ancient culture and quote the above quotation. By and by the rich of our society whom we call pillars of society. money and other assets brought by the bride to her husband’s home on their marriage. according to their status. Middle class people became main target of the attack. In India. The women were less literate. and ideological observations. Dowry death. 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. However it is affected by certain macro forces as economic development. setting up of National Creche Fund (NCF) and several other programme for women. Gender bias works against females since infancy. The major policy initiatives undertaken by the Department in the recent past include the establishment of the National Commission for Women (NCW). in judiciary. But unless mass literacy and financial independence. are achieved the betterment of the situation is not possible. The 73rd and 74th Constitutional Amendment Acts of 1993 mark historic events in the advancement of Indian women. strengthening of ICDS. Women in India are great victims of dowry system in our society.8 prone to diseases and suffered more from barriers of customs and patriarchal norms and values. higher rate of mortality. Gender equality and equity are integral parts of our thought and culture. Rashtriya Mahila Kosh (RMK). Also those victims are driven out to leave the house or commit suicide. 8 is observed as the International Women’s day each year. Child Marriage is a common feature in our society. The year 1975 was observed as the International Women’s Year and 1975 – 1985 as the International Women’s decade and March. Trafficking is also a serious problem. Girls and women constitute Indian’s largest oppressed section. Underreporting is one of the main problems in these cases because of social bearers. Practically the daughter-in-law is generally treated as the goose that lays the golden egg. or in legislature benches. Dowry is illegal only on paper. The law ensures the minimum age of marriage of men (21 years) and Women (18 years). adoption of National Nutrition Policy (NNP). the male-dominated society. morbidity and lower levels of productivity. Dowry system is very common in the Indian society. Women continue to face the harsh realities of eve teasing & rape. There is a lower enrolment of girls in schools and higher dropout rate. The Government of India has brought about specific legislation to protect and safeguard the rights of women. Once they stop laying egg. In practical field the plight of women in India is pitiable now-a-days. It is more common in villages and among the illiterates. 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. Malnutrition and anemia are the prime cause of this lower health status and lower health status manifests itself in lower life expectancy. The incidence of dropout and stagnation amongst girl is nearly twice that of boys. The Rural people still believe in many superstitions. 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 . they are tortured both mentally and physically. Females in India are numerically fewer than the males. Women’s rights are human rights and should be treated as such. instead. DOWRY LAWS: Legislation and pious words cannot put an end to the evils of dowry system prevailing in India. they resign to their fate. 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. Unfortunately this attitude to the brides has proved demoralizing enough to have their hopes withered and the dreams blighted. The husbands and the in-laws treat them as mere bundles of rich dowry. If. 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. perform most of the parental duties as mother and sacrifice themselves for the benefit of their offspring. Sometimes the brides may refuse to be servile and to submit without protesting.9 domestic drudgery. which even the organized movements cannot bust. Sometimes the brides may refuse to be servile and to submit without protesting. 1961 has been in force since 1st July 1961. and consequently very often they are made to commit suicide. But that only leaves them involved in some sort of scandal. . the Dowry Prohibition Act. the society would be forced to change its attitude to them. they do not have the feelings or dreams or natural desire to be loved. and consequently very often they are made to commit suicide. When the women themselves rise against the ignominy of dowry. which even the organized movements cannot bust. Unfortunately this attitude to the brides has proved demoralizing enough to have their hopes withered and the dreams blighted. But that only leaves them involved in some sort of scandal. The wedding does not create a bond of love for them. The status of women in Indian society must be raised by educating them and ensuring economic independence. The wedding does not create a bond of love for them. It appears that brides are not humans. The husbands and the in-laws treat them as mere bundles of rich dowry. giving and taking of Dowry. so that they can cease to be mere instruments for house-keeping and breeding children for men. To prohibit the demanding. they will go on suffering for the sins of Eve. 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. encouraged by her husband or his relatives. by adding Section 113-A since the year 1983. Provision to this effect has been added in the Indian Evidence Act. 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.10 To stop the offences of cruelty by husband or his relatives on wife. and such husband or relative shall be deemed to have caused her death. or an engineer or a . a girl is playing with house-hold utensils-toy. In the case of suicide by a married woman. the Court may presume that such suicide has been abetted. When the boy thinks about his futures that he would be a doctor. 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. From ancient time we are seeing that the Sita. 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. When the boy reads story books. It is very good that the law has been imposed to protect the victims of dowry system but in adequate practices strengthen the oppressors. the different status of boy and girl in a family. within 7 years from the date of her marriage. When a boy is playing with machinery toys. and Section 198-A has been added in the Criminal Procedure Code since the year 1983. such death shall be ‘dowry death’. the Savitris etc. plays cricket. the girl of the same parents assists her mother in house-hold works. As for the parents of the girl. Section 498-A has been added in the Indian Penal Code. Iswar Chandra Vidyasagar who did enough for the sake of women. In this case. none of them seems to carry the definition of cruelty. 1955 or the Dowry Prohibition Act 1961 or the Indian Evidence Act. If it is mental the problem presents difficulty. The cruelty may be mental or physical. It is that we had the great personalities like Raja Rammohan Roy. rather than define the word cruelty. The IPC explains. ‘The word “cruelty” has not been defined. If it is physical the court will have no problem to determine it. Indeed it could not have been defined. Be it the Hindu Marriage Act. 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. It states that for the purpose of this section i. [3]Shobha Rani v. Hence. 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. Madhukar Reddy2. how will she look after her child and so on. the learned Chief Justice observed that. intentional or unintentional.1988 SCC (1) 105 JT 1987 (4) 433. 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. there seems to be no clear cut definition of cruelty. 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.e. 1860. In present time the leaders often cry for the plight of women for their voting purpose only.11 magistrate.’ 1[2]Indian Penal Code. the girl thinks that how will she is married. Section 498 A. but the position status of women remains in a stagnant position. as amended in 1983. It is a question of fact and degree. 2 . limb or health (whether mental or physical) of the woman. Madhukar Reddy. It has been used in relation to human conduct or human behaviour. More than four decades have passed.’1 Despite this explanation. The learned judges mentioned in the case that.” A bench of Justices K S Radhakrishnan and P C Ghose said . TNN. 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. Adultery is not cruelty. The reason being that the matrimonial duties and responsibilities are of varying degrees from house to house or person to person. But the absence of intention should not make any difference in the case. That word has to be understood in the ordinary sense of the term in matrimonial affairs. if by ordinary sense in human affairs.’ The court here clearly said how immaterial it is to establish whether the cruelty meted out was intentional or not. One cannot define it in one go. ‘It is not necessary to prove the intention in matrimonial offence.”We are of the view that the mere fact that the husband 3 The Hindu Marriage Act. Section 13(1) (i-a). harass or hurt could be inferred by the nature of the conduct or brutal act complained or.09 AM IST. Therefore. 4 Dhananjay Mahapatra. Yet many have tried to infer its true meaning from the facts provided. intention is not a necessary element in cruelty. If the intention to harm. The above mentioned case also defined how cruelty is not an intentional aspect. Supreme Court Says. In a recent judgement. The subjectivity of this term has time and again posed as a major challenge to the Indian courts. Sep 10. . From the context and the set up in which the words `cruelty’ has been used in s. 13(1) (i-a) 3. the act complained of could otherwise be regarded as cruelty. 01. the Court should not search for standard in life. The Times of India. when a spouse makes complaint about the treatment of cruelty by the partner in life or relations. cruelty could be easily established. 2013. 1955.12 Indeed the word cruelty is a very subjective term. One can only infer what it is for a particular individual in a given instance. Mental cruelty is again very hard to define for it is the most subjective element in the definition of cruelty. status. during the subsistence of marriage. It differs from individual to individual. The same goes for cruelty as a whole. Jayachandra v. TNN. Adultery is not cruelty. Aneel Kaur 7. 9th Ed.com/india/Adultery-is-not-crueltySupreme-Court-says/articleshow/22445870. Sep 10.5 Cruelty has two types. 2014. Black’s Law Dictionary. 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. their social values. p.434 7 MANU/SC/1023/2004 . In the 4 5 DhananjayMahapatra. environment in which they live. mental cruelty was addressed in the light of the norms of marital ties of the particular society to which the parties belong. and consider their particular grievance. One is physical cruelty while the other is mental cruelty. In another landmark case of A. The definition of mental cruelty in Black’s Law Dictionary is from the basis of divorce. . and failed to discharge his marital obligations. ‘one spouse’s course of conduct (not involving actual violence) that creates such anguish that it endangers the life.13 has developed some intimacy with another.indiatimes.” In this particular case. It states. as such would not amount to cruelty.com&utm_medium=referral 6 Bryan A. The Times of India. There is no doubt a universal idea of cruelty yet the core issue here is subjective.cms?utm_source=facebook. physical health or mental health of the other spouse’. 01. Gaener.6 The courts while dealing with mental cruelty decided to consider every aspect from a family oriented point of view. the Court is not concerned with the ideals in family life. Mental cruelty falls within the purview of a matrimonial wrong. the fact that cruelty was mental needs to be understood on the basis of degree of each person4 In matrimonial cases. 2009. Supreme Court Says. at http://timesofindia.09 AM IST. It has only to understand the spouses concerned as nature made them. Still the courts have tried to explain it on the basis of the circumstances available. religious beliefs. for a boy's father to ask for a dowry from the girl's father before a marriage is finalised. such a practice is understandable because. Among unbelievers. being spiritually blind. human values and value system. Hindu Adoption and Maintenance Act. financial position. It is unfortunately. 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. customs. 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. family. social status. The 8 (2007 (4) SCC 511) .even those who claim to be Spirit-filled? Surely the Devil has blinded them too. This has reduced marriage to a business deal. Every day in India. some wife somewhere burns herself to death because of her husband harassing her to get more dowry from her father. traditions. Samar Ghosh v. Many girls in our land have been emotionally disturbed and brought to frustration because of this . The Indian government has reported that an estimated 6. Jaya Ghosh8 the SC held that the concept of cruelty differs from person to person depending upon the upbringing. Dowry is a criminal offence under the Dowry Prohibition Act.000 women a year die as a result of dowry abuse.14 case. DOWRY AND MARRIAGE SYSTEM: It is a shame that reaching at modern age. Like untouchability and caste system. dowry system is not only a mere evil but also a criminal offence. But what shall we say when most believers also indulge in this practice . the dowry system is still prevalent in our society. they allow covetousness to rule their lives. The character of the marriage contract has changed even more than in outward from. Even it leads to death in several occasions. educational. 1961(revised in 1984) and imprisonment as well as cash punishment is charged against the criminal. level of sensitivity. cultural background. 1956 protects the divorce women through economic support The marriage contract today is entered into more autonomously by both men and women. Many more are maimed and injured.and some have even committed suicide. Their intentions have to be given great importance. But when the wife premises to ‘obey’ where this world remains in marriage ritual. . Education to be imparted equally to the female like male. the problem will be solved partly. 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. In our male-dominated society. The women have to capture their rights forcefully uniting against their oppressors. From here dowry-system has come. Moreover. They have an economic dependence on the male-spouse. the problems will remain in the same position as before and as present. women basically depend on male-domination. Law related with marriage-contract must be amended and women have to give unconditional intention to marry like male. She has same right as son. They are the part and parcel of our society. Working opportunity is to be given the competent female candidate. The women are to be introduced in every field of work not only in the house-hold work. Only some reservation of seats in railways compartments and buses will not solve the problem of women. she and her husband alike are aware of the ceremony is for the most part relic of the past. Female members of our society be treated as like male members.15 traditional marriage ceremony in civilisation was based on the principle of male dominance and female obedience. It is to be granted by the parents that a daughter is equal to a son. the female has to be conscious about her rights. Otherwise. If economically they are self-sufficient. Choice of mate by mate and mutual determination of the relationship that hinds them have replaced the older external and one-sided control. Destruction of daughter foetus in the mother womb immediately be stopped and accused must be punished. Now-a-days unemployment problem is also a criterion to accelerate this curse. necessities and urgencies in this society. as dowry. Indira Gandhi had asked the young boys of the country to come forward to fight this social evil. If she returns without dowry. Number of Baratis (members of the marriage party) has been restricted to 25. It is a matter of immense regret that societies which were earlier free from dowry are gradually falling prey to it. She is sent to her parental home to bring more cash. Many state governments took bold step at the call of the Prime Minister. It enacted the Anti-dowry Act in 1961. there might have been some room for relief. Millions of young boys had taken oath not to accept any dowry. Her call received a warm welcome. This will reduce the expenses of the marriage. It is also a joy to the husband and his relatives who get cash. She herself had set the example by marrying her son Sanjay Gandhi to Meneka Gandhi in a very simple ceremony without any dowry. 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. Government servants. cruel treatment or torture waits for her. ornaments. Similar thousands of girls had decided once for all to marry those boys who demand no dowry. jewellery. 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. THE EVILS OF DOWRY SYSTEM The dowry at present is a source of both joy and curse in the society. etc. costly dress. Road blocking and fixing Shamiyanas on the public places has been banned. They also made new act.16 The social evil of dowry system attracted the attention of the government. Hence this gave no relief to the poor people. But it received no support of the society and the administration also neglected the act. Out late Prime Minister. The proclamation of national emergency had given this social evil a death blow. They amended the old Anti dowry Act. . The government seemed to be determined to root out this growing evil. People have been asked to celebrate marriages in the day time with ordinary decoration. It started its campaign against dowry custom. Dowry was restricted to Rs 3000 to Rs 5000/-. officials and ministers have been asked not to take part in any marriage in which dowry is taken or given. Smt. utensil and furniture. If the demands for dowry ended with conclusion of marriage. Punjab and Bihar came first in the fight followed by other states. 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. if they want this evil is to be removed. as their higher economic status also discourages demands for dowry. etc. . They should be encouraged to have higher education. executives. Dowry. We generally see that ordinary parents find it difficult to select a boy. The lofty expenditure of the marriage ceremony must be cut down. Merit of the girl has nothing to do in the settlement of the marriage proposal. has destroyed our economy. for their girl who is well qualified and well versed with household activities. business men. At public pressure the Government has enacted certain anti. The practice of mass marriage should be encouraged for the sake of economy. Though India has host of problems to tackle today. SOLUTION It is our moral duty.dowry laws but these have not produced the desired results. They should be encouraged to enter into various fields of paid jobs. lecturers. The evils of dowry system must be removed at any cost. Women must be trained since girlhood that their life is not hopeless without marriage. social obligation and legal right to fight against the dowry system. Today we fix dowry rates of boys of deferent categories – doctors. yet the biggest which the country is facing is dowry.17 When more pressure is put on the bride’s parents. in fact. The effort of the people in society need to act rationally. Their age of marriage should be raised. well settled in life. administrative services. engineers. However reverential we may be in our references to the women. all those stories about our progress seem to be told by an idiot and they mean nothing. the society has done very little to end the servility of women to men. we cannot but find our civilization to be a fake one. Even after the marriage the bride’s parents have to shut their mouth in front of the groom and his family. The only problem is not to find a groom suitable for the girl. even today. The Indian women do not really have any will of their own. When almost every day we read in the newspapers the news about brideburning. she must be prepared to suffer silently and stoically. The brides as sacrificial goats only show the canker that spreads all over this social fabric. Many times often girl is tortured. Dowry System has its root in the attitude of Indian society towards women. sisters and wives. . the brides. with pity and nobody thinks of giving them equal status with men. 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. At her in-law’s place.18 CONCLUSION Dowry System is the one of the worst problem in Indian Society. The custom is that the bridegroom’s parents would be made richer and the bride’s the poorer. nor do they have any aspirations beyond serving and pampering their men. In spite of the social bonds the women are treated. Sometimes people talk about social injustice of dowry system but there are just like many of our annual rituals and exercises in futility. It does not only affect the individual victims. so the bride must suffer if the dowry fails to make the bridegroom’s parents rich. but to meet demand of dowry. She knows well enough that the women are born to suffer and it is a sin to protest against their destiny. the parents are the unhappiest creatures on earth. slighted and humiliated for no fault of hers but because the dowry she brings is not rich enough. our mothers. daughters. When the question of marrying the girls comes. but the entire social fabric which was created to help realize the aspirations of both the individuals and the collective.