|
Sponsored Links
more on Harassment
and Dowry Deaths Appeals |
|
|
Harassment
and Dowry Deaths are not only in villages
or small cities, it is also in big and metropolitan
cities. This happens not only in poor families
although this also happens in rich and popular
families on a very large scale.
It is
ironic that in India dowry was originally
designed to safeguard the woman and it was
the provision of " Sthreedhan" ("Sthree"
meaning woman and "dhan" wealth) in the
form of money, property or gifts given solely
to the woman by her parents at the time
of her marriage. "Sthreedhan", an inheritance
was meant to exclusively belong to the woman
at the time of her marriage.
The abuse of
this custom eroded and aborted the original
meaningful function of dowry as a safety
net for the woman and was corrupted to become
the price tag for the groom and consequently
the noose for the bride.
|
|
The price of the Indian groom
astronomically increased and was based
on his qualifications, profession and
income. Doctors, Chartered Accountants
and Engineers even prior to graduation
develop the divine right to expect a
"fat" dowry as they become the most
sought after cream of the graduating and
educated dowry league. A reactionary
preliminary wave of preserving
oppressive practices of dowry demands,
harassment and placing Indian males as
high commodity line of goods, appeared
to surface also in the West and other
countrieswhere immigrants of Indian
origin established themselves.
Harassment and
Dowry Deaths
-
The
Indian Penal Code provides that where
any women dies an unnatural death within
seven years of her marriage and it is
shown that she was harassed or subjected
to cruelty by her husband or his relative
for dowry, such death shall be called
a Dowry death. The husband or the relative
shall be deemed to have caused the death
of the women. The offence is punishable
with imprisonment of not less than seven
years (Section 304B Indian Penal Code).
-
Whoever,
being a husband or relative of the husband
subjects such women to cruelty shall
be punished with imprisonment for a
term of three years.
Cruelty has been defined as
-
Any
conduct which is likely to drive the
women to commit suicide or to cause
grave injury or danger to life, limb
or health (Mental or physical) of the
women, or
-
Harassment
with a view to coercing her or any person
related to her to meet any lawful demand
for property or valuable security or
is on account of failure by her or any
person related to her to meet such demand.
(Section 498A Indian Penal Code).
Current Law Scenario
-
The
continued efforts to uproot the evil
like dowry system through the mechanism
of law has a long history and dates
back to the Sindh Leti Deti Act of 1939.
But then dowry incidents started increasing
at a high speed and this alarming situation
called in for a central legislation
and thus the first national anti-dowry
legislation popularly known as the Dowry
Prohibition Act was passed in 1961 and
applied to all the communities in India,
though the act proved to be ineffective
and demanded changes.
-
The
Act was amended twice once in the year
1984 and in 1986 thus making the Act
more stricter and stringent than it's
earlier version. Certain provisions
in IPC, CrPC and Indian Evidence Act
to combat this social evil were recommended
in the Law Commission 91st report 1983.
Anti Dowry Laws
-
The
IPC section 498-A was added that said
that cruelty by bride's husband or the
relatives is punishable and is entitled
to imprisonment up to three years. The
section 304-B was added to the Indian
Penal Code by the Criminal Law Amendment
act passed in 1986. which addresses
that the death of a woman caused by
an burns or any other way other than
the normal circumstances within seven
years of the marriage and shows that
she was harassed before her death such
a death will be called as a dowry death.
The sub section (2) provides punishment
with a minimum seven year imprisonment
which may extend as being life imprisonment.
The section 174 and 176 of CrPC, caters
to the investigations and inquires into
the causes of unnatural deaths, by the
police and magistrate respectively.
The Amendment Act of 1983 makes it compulsory
for the police officer to send the body
for post mortem if the death of the
bride has occurred within seven years
of her marriage which might be suicide
or any the result of any other suspicious
circumstances. 113-B was the new section
that was added to the Indian Evidence
Act which deals with proofs in dowry
deaths according to which the Court
has to presume that a dowry death was
caused by the person who is shown to
have subjected the woman to cruelty
or harassment soon before her death.
Judicial Efforts
-
The
judiciary of the country apart from
the legislature is trying it's best
to eradicate the evil dowry system from
the Indian society. In case of Kundula
Bala Subrahmaniam V State of Andhra
Pradesh, gave certain indications in
dealing with the dowry related violence.
-
The
Apex Court suggested that such cases
should be dealt in a much more realistic
manner and that the criminals should
not get the advantages of long procedural
technicalities and that the court should
be more sensitive in cases involving
crime against women.
|
|