Is Dowry Prohibition Act sufficient to stop dowry?

DOWRY DEATH : A GROWING  SCENARIO IN  INDIA

India is a country of different cultures and traditions in which the dowry has been followed from time immemorial. Dowry is a tradition in India in terms of durable goods, cash and movable and real property that the bride’s family gives to the groom or his family or his relatives as a condition of the marriage. It is referred to as “Dahez” in Arabic language and in eastern parts of India it is known as “Aaunnpot”.

The Dowry Prohibition ACT, 1961 was enacted by the parliament of India in the twelfth year of the republic of India which prohibits the giving and taking of dowry. There are other laws regarding the dowry deaths and imposes a ban on it. Section 304B and section 498-A of Indian Penal code, 1860 deals with the cases of dowry death. Section 113B of Indian Evidence Act, 1872 states about the presumption as to dowry death.

Statistic data

• In the year 2019 there were more than 7.1 thousand dowry death cases that were registered under section 304B of IPC.

• It amounted for 40% to 50% homicides in the country for almost a decade from 1999 to 2018.

DOWRY DEATH ( SECTION 304B OF IPC, 1860)

Section 304B states that where a women dies under 7 years of her marriage due to any bodily injury or burns or otherwise under normal circumstances and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his family or any other relative, in connection with any demand for dowry, such death shall be called as “dowry death” and such husband or relative shall be deemed to have caused her death. For the purpose of this sub-section dowry shall have the same meaning as defined under dowry prohibition act 1961 (28 of 1961).

Whoever commits the offence of dowry death shall be punished with the imprisonment for the term not less than 7 years but which may extend to imprisonment for life.

In Tummala Venkateswar Rao v/s State of Andhra Pradesh 2014, the hon’ble Supreme Court said that the words ‘soon before her death’ in section 304B does not mean immediately before her death.

CRUELTY: SECTION 498A OF IPC

If a husband or his relative causes mental or physical harm to a woman then they will be liable under this section. The punishment for which is 3 years imprisonment and shall also be liable to fine. 

PRESUMPTION AS TO DOWRY DEATH

Section 113B of Indian evidence act, 1872 states about the presumption as to dowry death. If a woman dies under 7 years of her marriage due to the demand for dowry by her husband or any other relative and it is shown that soon before her death she was subjected to harassment or cruelty by any person. The court will assume such person responsible for her death.

INADEQUACY IN THE EXISTING LAW

There is a great inadequacy in the dowry law as the law provides a 7 years punishment that may extend to life imprisonment and it is silent on the capital punishment/death punishment.

The question has been raised to amend section 304B of IPC, 1860 and more stringent punishment should be provided in order to curb the menace of dowry death.

This question was raised in the matter of Nathu vs State of Uttar Pradesh (Criminal bail application no. 12466 of 2002). Wherein Katju J.( as he then was) observed that dowry death is a serious offence and it is much worse than murder but surprisingly death penalty is provided in cases of murder and not in dowry deaths. So the time has come to amend the existing law and to provide death punishment in cases of burns and dowry deaths. As there are many laws on dowry deaths but still the rate of harassment against women/ cruelty against women to get more dowry from her parents are still increasing in number. From the past many years there is not much decline in dowry death cases. Thus, this gives rise to demands for capital punishment/death punishment for the offence of dowry death in order to imbibe necessary deterrence in the law.

Author: 

Nishtha Dwivedi

(BBA LL.B. 5th Year)

Amity Law School,

     Lucknow

आख़िर कैसे होगा हमे कानून पर भरोसा....

 कानून पर विश्वास तो होगा,पर किसी का विश्वास टूटने के बाद...

अक्सर प्रभावशाली नेता या अपराधी को आपने ये कहते सुना होगा ""उन्हें कानून पर पूरा भरोसा है""..............

 उसी क्षण ये बात सिद्ध हो जाती की कहीं न कहीं इनकी पहुच कानून के उस तख्त तक है, जहाँ का फैसला भी 

इनके इशारे का होगा, या फिर इशारा भी इनके पक्ष के 

फैसले का ही होगा। ये बात समझने की जरुरत है की उन मक्कार लोगो को कानून पर भरोसा तो होता परंतु इस बात का .....कि जब केस अदालत में आ जायेगा  तो उसे ये मौका जरूर 

मिलेगा जब केस की सुनवाई होते होते उसके अपने चार जन्म हो चुके होंगे या फिर किसी तिलचट्टे की योनि में होगा और उसी अदालत की आलमारी में अपने केस की फाइल पर बैठा हँसेगा।

 उसे विश्वास होता है की अब तो जल्दी फैसला आने से

 रहा, जब चाहो अपने हिसाब से डेट ले लो, अपने हिसाब से फैसला सुनवा लो, शायद इसी लिए तन कर कहता है.....मुझे तो पूरा भरोसा है कानून पर 

और सामने वाला कमजोर व्यक्ति समझ जाता है इनकी

 पहुच बहुत ऊँची  है, और उसी क्षण उसका भरोसा कानून से टूट जाता है।

 ("Justice delayed is justice denied")

तो आम जनता का विश्वास कानून पर हो इसके लिए 

जरुरी है की प्रभावशाली और अपराधियो का विश्वास 

कानून से टूटे (जिस सेंस में उनका विश्वास होता है)तभी आमजन के भरोसा कानून पर अटूट होगा।

 

People are not for Religion but the Religion is for People

 

I am just disappointed to see the scenario of our country i.e. INDIA.

Officially it is a secular country and no doubt state (govt.) plays its role as a secular but its people actually don't have a secular mindset.

'Secular Mindset' means as 'India' being a secular state treats all religions equally, people should respect all religions despite of  having faith in their  religion. No one should  be jealous to the other religion and try to not criticize their recognition too.

There is small things to understand the main aim and object of religion is not to governing man's personal relationship and conducts, but help to  attainment of 'Moksha'.
It helps people to mentor the relationship of man to the 'God'.

And different religion shows different way to reach the God and heaven, from where people break the continuity of birth & death.
But my  question is that  why we criticize other religion in order to proving supremacy of own religion ???

A religion can not be a "Dharm" if it support wrong things and harassment of people, which are universally wrong and unacceptable.

Generally people are misguided by wrong interpretation of the things or earlier explanation of different religions.
Religion or Dharm means which is easy to accept mean there should not be eyewash and coquettes.

We should not be rigid on the bad practices of any religion either it may be "tin-talaq" or "cast system".

People just collectively think that "man is not for religion but religion is for man" so they should have through out all the immoral things, bad practices, unjust customs and the things which really creates problems in society etc.

We should not be dogmatic or hard core for our religion. We should just go through the exact meaning of religion and main aim & objective of it.

I don't think that a religion support to instigate or exasperate to people for fighting or be loather on the ground of religion only.
Yes i understand "Humanity" is not a religion but no one can denie it that "Humanity exist in all religion" that's why I believe to protect humanity instead of religion.

And I appeal to all who is reading my article

"be workholic person in favour of human being i.e. humanity."

Loopholes of judiciary (something is missing....)

 

Introduction starts from the quote "what is justice?"

 In a case-  'A' gets acquittal by  the court after trial from the murder of 'B' and the case is closed. And the duration of the trial of case takes 15 years in the court.

 The family members of the victim waits 15 years for the punishment of the accused 'B'.

 Victim's family made perception through the police investigation (conducted before 15 years) that 'B'  is accused of  murder of 'A'.

 Police declared 'B'  as offender  through their investigations before 15 years, here also the question arises that every investigations of police were right?

 The family of 'B' made many effort till 15 years to prove 'B's  disengagement in the murder of 'B'.

 The family of 'B' has to face many social discrimination by this allegation.

 Finally, the Court decided after 15 years of trial that due to insufficient evidence , it is not proved that 'B'  is the murderer of 'A' so that Court grant acquittal from his accusation.

And  the case is closed,after this some questions arises, generally people see only judgement of the Court and they ignore the effect of the decision of Court in the society.

The following questions are remain unsolved-

1- If 'B' is not the actual accused then who was actually accused before 15 years?

2- What about the justice to the victim's family?

 3- What about 15 years of ''B's life exploited due to our judicial system?

4- What about the compensation of B's 15 years?

Article written by-

Mr.Ankit Upadhyay (Advocate)

LL.B. from University of Lucknow

LL.M.(Pursuing) from BBD University, Lucknow

When would society ensure justice to the transgender?

 

How can a human being deny to accept human being only because of he/she has not a proper sex, either male or female.

Yes, I am talking about more than 20 lakh transgender(Hizra) of our country.
They had not their  identity before the Landmark judgment of Supreme court in the petition filed by Laxmi( a kinnar who belongs from Gorakhpur).

Means, where are we,  till the 70 years of independent , we were never thought about the people who are not male or female, what's their identity.
Because all rules and regulations made for male and female, all government jobs and education for only males and females.

In the judgment, Supreme Court interpreted the human rights and DPSP, and recognized as the 3rd gender to the transgender,and order the state to provide reservation as OBC in education and services under the state in 2014.
In 2014 our laws recognized them but our society not.
Even the family deny to accept their child who is transgender. Really it's inhuman behavior towards the transgender.

We generally see them mostly in------------
1-Giving congratulations in our ceremonies like on the birth of child and marriage.

2-begging on the traffic signal or from the shop to shop or in trains.

And few of them to fulfill their daily needs like foods and cloths, or sometime in  compulsion, joined prostitution.
Actually problem is not that what we see but us, means young generation hates the transgender or not accept them in society or among us.

Problem is that we  grownup with a different mind set that transgender are different from us and our mind trained by our ancestors for the same.
And second things is that how  can we understand the thought or feeling of those people who is not in our touch.
Means they are not easily found around us in daily basis,they live in their own community away from the society or our society compel them to do the same by showing their narrow and cheap mind and attitude towards them.
In my opinion there should be sex education in each school and college which make us to tell about the feeling and sexual desires and horminal needs of a transgender which a normal one can not feel.
And the family should change their attitude towards the transgender that they should not keep away from their family.

Si that they can't be stranger for the society. We and they both can feel that  all are part of our society,and  we all are human being.
Our society should provide them job and works without any discrimination.just think over it, if we the people will not give them jobs, consequently it will compel them to join prostitution for their livelihood.

I  have observed personally that when they move around then how nearby people react to seeing them,what they comment, these things really make them to feel they are inferior to other people
We the youth communicate with them and try to understand and feel the exact and real problem of them, that's why we can able to solve the problem.

They are among the society but away from the society.
Our parliament and educated body never think about transgender. A bill related to their rights and marriage and sexual pleasure is pending in our parliament.
We are fighting for animals and invisible god, its really good things but why we are not fighting for the rights and education of a human who is not male and female but human being.