AUTHOR:
This article is written by Geetanjali Seth,student of NMIMS school of law,Mumbai.
INTRODUCTION:
The dowry is the oldest social ailment in the Indian subcontinent.It has developed into a societal disorder that is entrenched deeply inside people.Many people see dowry as a sign of social status and selfrecognition.One of India’s most horrifying or terrible pressing issues is dowry death.The custom of dowry deeply related to in India’s male dominated society,has attained alarming proportion during the last few decades.In India there are many cases of human rights of violation against women and dowry death.However the problem of dowry death is not a new phenomenon.Tracing the history of dowry death through different stages ,we find change in structure from ancient India,through medieval period to present India.At present context,the term dowry has degenerated into commercial tranjectionin which monetary consideration receive utmost priority.Dowry today is demanded and paid without any relation to bride’s parents income and wealth.Failure to meet this demands result in ill-treatmentof brides and sometimes it has made a situation that bride has to commit to suicide.Dowry related violence is one of the brutal violence that are going against women in our society.Although our constitution has provided equal rights for both men and women but women in our society are the victims of large scale violence,atrocities.Dowry has become a social evil,a social menace and it is widespread in all sections.
DOWRY SYSTEM IN India:
In India the dowry system puts a great financial burden on the bride’s family.The law-makers,taking the note of seriousness and consequence of the problem legislative measures to plug the loopholes in the law as well as to enact new provisions so as to make the law rational and effective.The Dowry Prohibition Act,the first national legislation to deal with the social evil of dowry was passed in 1961.The object of this act is to prohibit giving and taking of dowry.The act lays down a number of preventive and punitive provisions but,as could be foreshadowing,the objectives have not been achieved.In India during the medieval years,was primarily an agricultural economy.At that time the Mughal rulers and the nawabs demanded high dowrie.The Rajput kings gave dowries to ensure that their daughters lived comfortably after their marriage.However,the system was confined to the ruling classes.The lower caste had,on the contrary a system of bride price.In the lower caste the female member were considered an asset for family useful for agricultural labour and other traditional occupations.In the wake of sanskritisation,the lower castes intimated the practice of dowry.
CASE LAWS RELATED TO DOWRY DEATHS
Baldev Singh vs State of Punjab,Air 2009 SC 913:
Sections 498A, 306 IPC:
Bride committed suicide within four months of marriage.Father of deceased gave evidence that accused-husband and brother in law of deceased had demanded taperecorder and cash soon after marriage.It was also corroborated by other witness.The accused persons also used to beat and harass her on account of bringing insufficient dowry.Such behaviour of accused persons had driven the bride to commit suicide.
Sahebrao vs State of Maharashtra,Air 2006 SC 2002:
Section 304B,IPC,Section 3,Dowry Prohibition Act:
Victim wife died within six months of marriage.Body of the deceased was found in a well.It was alleged that the accused husband had caused injuries to the deceased and thrown her into the well.Fact of demand and payment of dowry was established by evidence of villagers,brother and father of deceased,minor discrepancies notwithstanding.Held that minor discrepancies were bound to occur when witness were examined after two years of solemnization of marriage.Besides testimony of brother and father of deceased as to payment of dowry cannot be discarded on the ground that they failed to establish that there was an agreement to pay the dowry.
Existing Practice of Dowry in International Level:
Bangladesh:The original custom in Bangladesh was the bride price,called pawn,where the groom’s family makes a payment to the bride’s parents.This has been replaced by the dowry called joutuk.Bangladesh has seen a rise in the expected size of dowry in recent decades,as its middle class has grown,and there has been accompanying rise in the rate of dowry deaths.
In Bangladesh,dowry killings are more frequently done by stabbing or poison rather than burning.Acid throwing is also done by the groom’s to the face of the bride in order to disfigure her face and create social isolation.
Pakistan:
In Pakistan,dowry is called’Jahez’.The cite Sunnah of the prophet justify that his daughter gave her jewellery to Ali as a means of dowry and his other daughter received few items as dowry from her parents.In Islam dowry is considered to be obligatory and that every family should perform the ritual.
Iran:Dowry has existed in Iran for over 1000 years and called Zahiz.It is vestements furniture,jewellery,cash a bride’s family gives to the bride to take with her to the groom’s family.
Turkey:known as ceyiz in Turkey.
LEGISLATIONS TO DEAL WITH DOWRY CASES:
Dowry Prohibition Act,1961 was formulated so as to reduce dowry deaths However the said act makes the system of dowry illegal .
CONCLUSION:
Thus it has been shown that both at national and international level dowry death has been a relevant menace to the society and the system of treating women with cruelty on non performance of dowry is a menace prevalent even today and needs to be curbed.The amount of killing and burning of women needs to be curbed.
FAQ:
How much time will it take to lessen the existence of dowry or eradicate the problem of dowry death?
With the existence of a very slow financial system it might take upto 2 million years or even more for the dowry system to be eradicated totally.The laws related to dowry have to be legislated properly for the system of dowry to be eradicated totally.
Is death sentence a valid ground of punishment in case of death related to dowry?
The answer varies from case to case.In case of mental and physical harassment including burning,hitting,repeatedly torture and also mental agony and torture to the extent to which death penalty should be offered.
