Author: Priya S. Singh, GH Raisoni Law College
ABSTRACT:
Even in modern India the practice of dowry has been eradicated . Dowry generally refers to money, property, valuable gifts , vehicles , gold or other material assets given by the brides family to the groom and his family at the time of marriage .This article examines how dowry is not merely a consequences of greed but is also a deeply rooted in gender inequality and social discrimination against a women. It further explores , the evolving judicial approach to dowry related offences and landmark judgement of dowry laws in the country.
➢ TO THE POINT :
In India , dowry is treated as a culture but it is a crime against a women , family and society. The purpose behind the dowry is to compensate all the expenses of a groom in raising them and in their education from the bride’s family.
In Hinduism marriage is a regarded as a sacred and life long bond , often belived to unite two individual for seven lifetimes. The practice of demanding dowry undermines the sanity of this relationship, as it reduces a sacred union to a financial transaction . Dowry demands transform marriage into a business like arrangement rather than a partnership based on companionship , mutual respect and love.
Harassing a women for dowry is considered a form of mental cruelty. The practice of dowry creates inequality between men and women by implying that a woman’s worth depends on the wealth she brings into a marriage . Women who brings a larger dowry are often treated with greater respect , while those who brings less may face discrimination , humiliation, or neglect . In some cases, the quality of the marital relationship and the treatment a wife receives are unfairly influenced by the amount of dowry provided , rather than a mutual love , respect and understanding.
➢ USE OF LEGAL JARGON ;
The Constitution of India guarantees fundamental rights that protect women from discrimination , exploitation , cruel treatment . Article 14 ensures equality before law and equal protection of the law’s, while Article is prohibits discrimination on the ground of sex and permits special measures for the protection of woman.
The Code of Criminal Procedure , 1973 , provides the procedural framework for investigating and prosecuting offences related to dowry harassment . Section 498A of the India Penal Code , 1860 provides when a women is suffered with cruelty or harassment in connection with dowry demands, a complaints may file in a criminal case.
➢ THE PROOF ;
To establish dowry harassment , evidence is required , such evidence may include both direct and circumstantial evidence. The victim’s oral and written statement , testimonies of family members and statement of neighbor’s can significantly strengthen the case . In addition, call recording , WhatsApp messages , video recordings, emails, and other electronic communications may serve as valuable evidence in proving dowry- related harassment.
The court may also consider the duration of marriage and the circumstances surroundings the alleged acts of harassment while evaluating the evidence., Section 113B of the Indian Evidence Act provides for a presumption as to dowry death , where the death of a woman occurs within seven years of her marriages and it shown that she was subjected to cruelty or harassment in connection with a demand for dowry before her death .
This legal presumption plays a significant role in addressing h dowry related offences and ensuring justices for victim’s
➢ CASE LAWS;
Arnesh Kumar v State of Bihar
The Supreme Court held in case that arrest in cases of dowry harassment under 498A are not to be made automatically . The police must follows the prescribed legal procedure and obtain and necessary authorization from the Authorization from the Magistrate before effecting an arrest.
Baijnath and others v State of Madhya PRADESH
The Supreme court held in case that unnatural death of a married woman within a years of marriage does not consider to dowry death . The prosecution must proof the cruelty or harassment in connection with a dowry demand.
Satvir Singh v State of Punjab (2001)
The Supreme Court interpret the definition of dowry broadly . It includes any properly or valuable security given or4 signed to be given before , at or after marriage as a condition of marriage.
➢ CONCLUSION ;
Dowry harassment is a form of violence against women that causes both mental and physical suffering. Despite the existence of strict laws , the practice of dowry continues to persist in modern India. The fear of legal punishment alone cannot eradicate this deeply rooted social tradition . A meaningful change requires a transformation in societal attitudes and the elimination of gender based discrimination.
One of the major reason behind the Persistence of dowry is the economic dependence of many women. In many cases , families prefer financially stable and well- established grooms for their daughter , which encourages some families or grooms to demand dowry . When women are not financially independent ,they are often perceived as dependent on their husbands for economic support , reinforcing the dowry system.
Therefore one of the most important steps towards eliminating dowry is to empower women through education , employment and financial independence . A society that values women equality and enables them to become self reliant can significantly reduce the prevalence of dowry and promote marriages based on equality, dignity, and mutual respect.
➢ FAQs:
Q1.Which law deals with dowry harassment ?
A. Section 85, Bhartiya Nyaya Sanhita (BNS) ,
( Cruelty by husbands or relatives )
B . Section 80, BNS for dowry death
C. Dowry Prohibition Act, 1961
Q2. What is considered evidence in a dowry harassment case ?
Evidence in a dowry harassment case includes recordings , messages , witness statements, medical reports and others circumstantial evidence .
