Dowry Death
Dowry Death
Introduction
Since time we have seen so many
offences against women, where they are tortured and one such offence is dowry
death. We all must have heard many cases related to the death caused to a woman
for the demand for dowry. It’s very disgraceful for a society where a woman
dies for not being able to give dowry and also very shameful where dowry is
still being practiced.
Dowry death is defined in Section
304B of the Indian Penal Code, 1860. Also Section 113B of
the Indian Evidence Act,1872 states the presumption as to dowry death.
Dowry
Death
Section 304B of the Indian Penal
Code states that if a woman dies within seven years of marriage by any burns or
bodily injury or it was revealed that before her marriage she was exposed to
cruelty or harassment by her husband or any other relative of the husband in
connection to demand dowry then the death of the woman will be considered as a
dowry death.
Punishment for dowry death is a
minimum sentence of imprisonment for seven years or a maximum sentence of
imprisonment for life.
Essential
Ingredients
·
Death should be caused by burns or bodily injury or by
any other circumstances.
·
Death must occur within the seven years of marriage.
·
It must be revealed that soon before her marriage she was
exposed to cruelty or harassment by her husband or any other relative.
· The cruelty or harassment on her should be in connection with the demand for dowry
Case
law
State
Of Himachal Pradesh vs Nikku Ram And Ors on 30 August 1995
In this case, the couple was married
and after 5-6 months of their marriage husband, sister-in-law and mother-in-law
started taunting the wife of the husband for bringing less dowry. They started
demanding several things from her which was not fulfilled by her. The prosecutor
filed a case for torturing the deceased and subjected her to cruelty in order
to make her bring more dowry.
Gradually the torture on her increased
so much that the mother-in-law hit her with a sharp blade on her forehead
causing a deep cut over there.
She was unable to tolerate the
ill-treatment by her husband and by her in-laws on her, as a result, she
committed suicide by consuming naphthalene balls and died.
During the investigation, the
sharp-edged blade was recovered and after the completion of the investigation
husband, sister-in-law and mother-in-law were charged under the Section
of 304-B, 306 and 498-A of the Indian Penal
Code. And the case against them was registered.
The Court after examining all the
evidences, it was held that persons who are charged under Section 304-B, 306
and 498-A will be free from these criminal charges as the prosecution failed to
produce the evidence against them and only mother-in-law will be held guilty
under Section 324 of the Indian Penal Code as voluntarily
causing hurt to her daughter-in-law. And imposed a fine of Rs. 3,000, failing
to pay the fine will attract simple imprisonment for 1 month.
Conclusion
Practising in the name of a so-called tradition that is
dowry is seen existing in every place in India whether rural or urban. The
menace of dowry custom has reached far down in society. Despite making so many
provisions practising of demand for dowry still not stopped. No matter how many
laws the government makes it still can’t eradicate it fully from the society.
To fully eliminate it the people of the society has to understand that it is
wrong.
By enacting strict laws in society it can be controlled
but can’t put an end to it because of the unawareness of the laws in the
society and also no support from the families. Even if the girl complains to
her parents about the torture she faces by the husband’s family the parents of
the girl opt to compromise instead of bringing it to the light. The laws and
support from society together can solve the issue.
Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…
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