Author: Shruti Saxena, a student of Bharati Vidyapeeth New Law College, Pune
Introduction
Dowry Death refers to when a married woman is murdered or is driven to commit suicide in the pressure for dowry. Dowry is predominately followed in India, Pakistan, Bangladesh, Sri Lanka, China and few South African countries. Though dowry system is illegal in India, Pakistan, Bangladesh but still it is accepted in these countries. Dowry is basically a gift of money, property, jewels or other valuables given by the bride’s family to the groom’s family in the procession of marriage. The tradition of dowry in India has a complex history that intertwines cultural practices, economic factors and social norms. Initially dowry was given to provide security for the bride. Historically dowry was seen as a gesture of care and support by the bride’s family, but over the time, it has converted into a financial obligation that can result into significant stress for families, particularly those of the daughter. This shift is due to the persistent patriarchal mindset of the society that sees women as a liability and this further widens the gap between the two genders.
As the system of dowry has become more entrenched it has contributed to a significant increase in various social issues such as gender inequality, domestic violence and dowry deaths where women face extreme harassment and violence because of unmet dowry demands. Legislations like The Dowry Prohibition Act, 1961 were passed with the aim to curb this practice of dowry and reduce violence against women, yet the tradition of dowry is prevailing in countries like India. The persistence of this tradition highlights the urgent need for societal change and effective enforcement of legislation to protect women’s right and provide security to women in marital relationships.
Legal framework surrounding Dowry Death-
In order to combat the issue of dowry, the government of India passed the Dowry Prohibition Act, 1961. Additionally, Section 304B of the Indian Penal Code, 1860 (Section 80 in Bharatiya Nayaya Sanhita) also prohibits the giving and taking of dowry and lays down punishment for the same.
Section 304B of the Indian Penal Code, defines dowry death as
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
The essential ingredients that constitute dowry death under Section 304B of the Indian Penal Code, 1860 are:
The death of a woman must be caused either by burns, bodily injuries or occurring other than under normal circumstances.
The death must occur within 7 years of marriage
The woman must be have been subjected to cruelty or harassment soon before her death, either by her husband or any other member of the husband’s family
The harassment must be because of demand of dowry by her husband or her husband’s relatives.
Sub section 2 specifies the penalty for committing the offence of dowry death. It states that any person who commits such an offence shall be punishable with imprisonment for not less than 7 years which may extend to life imprisonment.
An offence committed under Section 304B of the Indian Penal Code, 1860 is a cognizable, non bailable, non- compoundable offence.
Section 113B of the Indian Evidence Act also pertains to the notion of dowry death. The section lays down that when it is in question that a person committed dowry death of a woman and it is established that the woman just before her death was subjected to cruelty and harassment by such person and the reason behind such harassment was dowry, in such circumstances the court shall presume that such a person has caused the dowry death. The burden of proof is on the accused in cases of dowry death.
The case of Satbir Singh V. State of Haryana
Citation- (2021) 6 SCC 1, (2021) 2 SCC (Cri) 745, 2021 SCC Online SC 404
Facts of the Case:-
Satbir Singh, the appellant and the deceased wife (victim) got married on July 01, 1994. After almost one year their marriage, the victim’s father on July 31, 1995 was informed of the conditions of his daughter under which she was admitted in the hospital. However by the time the family of the victim reached the hospital the victim lost her life due to the injuries. Medical examinations revealed that approximately 85% of the victim’s body was burned and traces of kerosene were found on her body suggesting that she may have been set on fire intentionally.
The victim’s family filed an official complaint and in the complaint it was stated that that the victim was previously subjected to harassment by the Appellants (husband and his family) due to the fact that the victim had brought less dowry than what was demanded/expected by the appellant’s family. The appellant on the other hand argued that the victim set herself on fire and had committed suicide. Witness testimonials indicated that the deceased was subjected to harassment and cruelty related to dowry demands during her marriage. The Trial court on December 11, 1997 convicted Satbir Singh and others under section 304B (dowry death) and 306 (abetment to suicide) of the Indian Penal Code, 1860. They were sentenced to 7 years of rigorous imprisonment for section 304B and 5 years of imprisonment for section 306.
The appellants approached the High Court to overturn the order given by the trial court and set aside the conviction. The High Court in its order dated 06.11.2008 dismissed the appeal and upheld the order of the Trial Court.
Thereafter, the appellants filed a Special Leave Petition in the Hon’ble Supreme Court, challenging the findings of the lower courts.
Issues raised before the Court-
Whether the accused were correctly convicted under Section 304B of the Indian Penal Code, 1860 by the Trial court and the High Court?
Whether both the trial court and the High Court correctly convicted the accused under Section 306 of the Indian Penal Code, 1860?
Contentions of the Parties-
Contentions of the Appellants-
The Appellants contended that the possibility of accidental fire was not completely ruled out. They argued that the circumstances surrounding the incident could indicate that the fire was not intentional. The appellants also conducted that the prosecution failed to establish that there was a demand for dowry. They emphasized that there was no adequate proof that there was any demand of dowry by the husband or his relatives. The appellants also argued that even if there was a demand for dowry, the prosecution failed to prove that the demands were made in close proximity with the time of deceased’s death. The appellants also argued that the evidence found by the prosecution were inadequate and did not meet the legal standards of section 304B and 306 of the Indian Penal Code, 1860. The appellants also challenged the findings of both the trial court and the High Court which upheld the conviction.
Contentions of the Respondents-
The Respondents contended that the suspicious death of the deceased occurred within one year of the appellants and deceased’s marriage, which is a very crucial factor in Section 304B of the Indian Penal Code, 1860. The prosecution also argued that multiple witnesses provided consistent and corroborative accounts of dowry demands and harassment faced by the deceased. These include testimonies given by family members close to the deceased. The respondents also highlighted specific incidents that show that there were clear instances of demand of dowry from the accused and his family. The Respondents countered the claims of the appellants that the fire could be accidental but in the medical examinations show clear traces of kerosene found on the body of the deceased, suggesting that the fire may not be accidental. The respondents also highlighted that under section 113B of the Indian Evidence Act, there is a presumption against the accused in cases of dowry death and the burden of proof shifts to the accused to prove that they did not cause the death.
Decision of the Supreme Court of India-
In the case of Satbir Singh v. State of Haryana, the Supreme Court of India delivered its judgment on May 2, 2021. The key orders and findings of the Court included:
1. Upholding Conviction for Dowry Death: The Supreme Court affirmed the conviction of the appellants under Section 304B of the Indian Penal Code, which pertains to dowry death. The Court found that the prosecution successfully proved that the deceased died from burn injuries sustained shortly after her marriage, which established a clear link to dowry-related harassment.
2. Clarification on “Soon Before”: The Court clarified that the phrase “soon before” does not mean “immediately before.” This interpretation is significant in understanding the time frame within which dowry-related cruelty must occur in relation to the death.
3. No Order as to Costs: The Supreme Court stated that there would be no order as to costs in this case, indicating that neither party would be required to pay legal costs to the other.
The decision reinforced the legal framework surrounding dowry deaths and emphasized the importance of addressing such crimes within the context of Indian law.
Essential elements to constitute dowry death-
The essential elements to constitute dowry death under Section 304B of the Indian Penal Code (IPC) are as follows
1. Death of a Married Woman: The provision specifically applies to the death of a woman who is married
2. Cause of Death: The death must be caused by burns, bodily injury, or occur under unnatural circumstances. This indicates that the death should not be due to natural causes.
3. Time Frame: The death must occur within 7 of marriage. This time frame is crucial in establishing the context for dowry-related offenses.
4. Cruelty or Harassment: There must be evidence that the deceased was subjected to cruelty or harassment by her husband or his relatives in connection with a demand for dowry. This includes both physical and mental abuse related to dowry demands.
5. Connection to Dowry Demand: The circumstances surrounding the death should indicate that it is linked to a demand for dowry, which could involve financial or material expectations from the bride’s family.
These elements collectively help establish a case for dowry death, allowing for legal action against those responsible, typically the husband and his family members. If these conditions are met, the law presumes that the husband or relatives have caused her death, and they can be held liable under Section 304B of the IPC.
Conclusion
The issue of dowry death remains a grave social and legal concern, particularly in countries like India, where cultural and societal norms often perpetuate gender-based discrimination. Despite legislative measures such as the Dowry Prohibition Act, 1961, and legal provisions under Section 304B of the Indian Penal Code and Section 113B of the Indian Evidence Act, dowry-related violence and harassment continue to persist. These laws have provided a robust framework for addressing such crimes by establishing clear parameters for dowry deaths and shifting the burden of proof onto the accused.
The landmark case of Satbir Singh v. State of Haryana underscores the judiciary’s role in interpreting and enforcing these provisions to ensure justice. The Supreme Court’s emphasis on the interpretation of “soon before” and its recognition of dowry-related harassment as a critical factor in such cases highlight the importance of a thorough and nuanced approach to legal proceedings.
Ultimately, eradicating dowry deaths requires more than just legal enforcement. A transformative change in societal attitudes, fostering gender equality, and empowering women economically and socially are essential to dismantling the dowry system. Continuous awareness, education, and collective societal effort are imperative to ensure a safer and more equitable environment for women in marital relationships.
FAQS
What are the essential ingredients to term a death as dowry death?
The basic elements to constitute a death as dowry death are
Death of a married woman
Cause of the death should be due to burns, bodily injury or due to unnatural circumstances.
The death must occur within 7 years of the marriage.
There must be evidence of cruelty or harassment
The circumstances of death should indicate that it is related to the demand of dowry.
What are the legislations that surround the issue of dowry death?
The following legislations surround the issue of dowry death in India
Dowry Prohibition Act, 1961
Section 304B of the Indian Penal Code, 1860
Section 118B of the Indian Evidence Act.
What are the corresponding sections of BNS and BSA for 304B of Indian Penal Code,1860 and section 118B of the Indian Evidence Act?
Section 304B of the Indian Penal Code was replaced by Section 80 of the Bhartiya Nyaya Sanhita.
Section 113B of the Indian Evidence Act was replaced by section 118 of the Bhartiya Sakshya Adhiniyam, 2023
