DOWRY

The cancer of society

Submitted to: Miss Priyanka

Submitted by: Poonam Puri

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Contents
Introduction..3
Causes.6
Census.8

Steps taken by government and recommendations in

constitution.11
Case Study18

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Introduction
Dowry or Dahej is the payment in cash or/and kind by the
bride's family to the bridegroom' s family along with the
giving away of the bride.
Dowry originated in upper caste families as the wedding
gift to the bride from her family. The dowry was later given
to help with marriage expenses and became a form of insuar-ance in the case that her in-laws mistreated her. Although
the dowry was legally prohibited in 1961, it continues to be
highly institutionalized. The groom often demands a dowry
consisting of a large sum of money, farm animals, furniture,
and electronics.

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The practice of dowry abuse is rising in India. The most

severe in bride burning, the burning of women whose
dowries were not considered sufficient by their husband or
in-laws. Most of these incidents are reported as accidental
burns in the kitchen or are disguised as suicide. It is evident
that there exist deep rooted prejudices against women in
India. Cultural practices such as the payment of dowry tend
to subordinate women in Indian society.
Though prohibited by law in 1961, the extraction of
DOWRY from the bride's family prior to marriage still occurs.
When the dowry amount is not considered sufficient or is not
forthcoming, the bride is often harassed, abused and made
miserable. This abuse can escalate to the point where the
husband or his family burn the bride, often by pouring
kerosene on her and lighting it, usually killing her. The official
records of these incidents are low because they are often
reported as accidents or suicides by the family. In Delhi, a
woman is burned to death almost every twelve hours . The
number of dowry murders is increasing. In 1988, 2,209
women were killed in dowry related incidents and in 1990,
4,835 were killed . It is important to reiterate that these are
official records, which are immensely under reported. The
lack of official registration of this crime is apparent in Delhi,
where ninety percent of cases of women burnt were
recorded as accidents, five percent as suicide and only the
remaining five percent were shown as murder.
According to Government figures there were a total of
5,377 dowry deaths in 1993, an increase of 12% from 1992.
Despite the existence of rigorous laws to prevent dowrydeaths under a 1986 amendment to the Indian Penal Code
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(IPC), convictions are rare, and judges (usually men) are often
uninterested and susceptible to bribery. Recent newspaper
reports have focused on the alarming rate of deaths of
married women in Hamirpur, Mandi and Bilaspur districts in
the state of Himachal Pradesh.

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Causes
Dowry has been approved as integralcomponent of marriage
as an institution. However its modes of expressions vary from
people to people, depending their educational, occupational,
cultural, regional and ethnic backgrounds. Dowry in cash and
gold (ornaments) occupy either first or second priority for all
sections of society, vehicles as a third priority while the
parents would go for landed property or a residential house
instead. Higher education and occupation of higher
positions in society have not been able to bring change in the
attitude towards dowry.

1) Dowry being the traditional, done thing, an accepted norm

existing for generations to renegade is difficult. This is why
dowry
continues.
2) Dowry system continues out of necessity. Examples: A
family accepts dowry for boy in the family (even though
wanting to stop the traditional practice) out of compulsion
that arises because the girl in the same family when wedded
has to give dowry. The family justifies saying we take dowry
for the boy because we have to give dowry for the girl.
Another reason is when the boy's father has borrowed huge
sums of money for the boy's education. The loan and its
interest is mounting. It becomes imperative for this family to
take dowry so that the money borrowed can be returned.
Often while taking loan the money that will come into the
family from dowry is figured in. So also, most parents keep
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saving for dowry from the time of birth of the female child
because of the inevitable certainly of having to pay dowry at
the time of girl's wedding. These two examples show
pragmatic causes of dowry system prevailing through ages till
now. ORIGINAL CAUSE FOR THE ANCIENT DOWRY SYSTEM
3) Originaly dowry acted as offering of insurance policy for
those who got married. Dowry was safeguard for the girl in
eventuality of being deserted by husband or becoming
widow.

Other Reasons:
1. The poverty in India.
2. The low status of woman in past.
3. The orthodox mentality of the people in past.
4. Provides an occasion for people to boost their self esteem
through feasts and displays of material objects.
5. Makes alliances with the families of similar status.

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Census

Though prohibited by law in 1961, the extraction of

DOWRY from the bride's family prior to marriage still occurs.
When the dowry amount is not considered sufficient or is not
forthcoming, the bride is often harassed, abused and made
miserable. This abuse can escalate to the point where the
husband or his family burn the bride, often by pouring
kerosene on her and lighting it, usually killing her. The official
records of these incidents are low because they are often
reported as accidents or suicides by the family. In Delhi, a
woman is burned to death almost every twelve hours . The
number of dowry murders is increasing. In 1988, 2,209
women were killed in dowry related incidents and in 1990,
4,835 were killed . It is important to reiterate that these are
official records, which are immensely under reported. The
lack of official registration of this crime is apparent in Delhi,
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where ninety percent of cases of women burnt were

recorded as accidents, five percent as suicide and only the
remaining five percent were shown as murder.
According to Government figures there were a total of 5,377
dowry deaths in 1993, an increase of 12% from 1992. Despite
the existence of rigorous laws to prevent dowry-deaths
under a 1986 amendment to the Indian Penal Code (IPC),
convictions are rare, and judges (usually men) are often
uninterested and susceptible to bribery. Recent newspaper
reports have focused on the alarming rate of deaths of
married women in Hamirpur, Mandi and Bilaspur districts in
the state of Himachal Pradesh.

Incidence of Dowry deaths in India, state, year wise

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Steps taken by government

and recommendations in
constituition
The Dowry Prohibition (DP) Act(1961)
Introduced and taken up by then Indian law minister Ashoke
Kumar Sen, this Act prohibits the request, payment or
acceptance of a dowry, "as consideration for the marriage",
where "dowry" is defined as a gift demanded or given as a
precondition for a marriage. Gifts given without a
precondition are not considered dowry, and are legal. Asking
or giving of dowry can be punished by an imprisonment of up
to six months, or a fine of up to Rs. 15000 or the amount of
dowry whichever is higher and imprisonment up to 5 years. It
replaced several pieces of anti-dowry legislation that had
been enacted by various Indian states.
Section 4 of the said Act states:
4. Penalty for demanding dowry.- If any person demands,
directly or indirectly, from the parents or other relatives or
guardian of a bride or bridegroom, as the case may be, any
dowry, he shall be punishable with imprisonment for a term
which shall not be less than six months, but which may
extend to two years and with fine which may extend to ten
thousand rupees. Provided that the Court may, for an
adequate and special reasons to be mentioned in the

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judgment, impose a sentence of imprisonment for a term of

less than six months.
However, as per section 3 of the Act, both the giver and the
receiver are sought to be punished.
3. Penalty for giving or taking dowry.- [(Note: Section 3 renumbered as sub-section (1) thereof by Act No.63 of 1984,
sec.3) (1)] If any person, after the commencement of this Act,
gives or takes or abets the giving or taking of dowry, he shall
be punishable with imprisonment for a term which shall not
be less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years,
and with fine which shall not be less than fifteen thousand
rupees or the amount of the value of such dowry, whichever
is more:]
Provided that the Court may, for a adequate and special
reasons to be recorded in the judgment, impose a sentence
of imprisonment of a term of less than [(Note: Subs. by Act
43 of 1986, Sec.3) five years.]
(2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub
section (1) shall apply to, or in relation to, (a) Presents which are given at the time of a marriage to the
bride (without any demand having been made in that behalf).
(b) Presents which are given at the time of a marriage to the
bridegroom (without any demand having been made in that
behalf).
Provided that such presents are entered in a list maintained
in accordance with the rules made under this Act.
Provided further that where such presents are made by or on
behalf of the bride or any person related to the bride, such
presents are of a customary nature and the value thereof is
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not excessive having regard to the financial status of the

person by whom, or on whose behalf, such presents are
given.
IPC Section 406
This section, for offences related to Criminal Breach of Trust,
is usually applied in investigation of stridhan recovery from
the husband and his family.
Offences under this section are bailable and cognizable.
Section 406.
Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished
with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
IPC Section 304B
This Section of the Indian Penal Code was inserted by a 1986
amendment. The wording of the law states:
Section 304B. Dowry death
(1) 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.
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Explanation:-For the purpose of this sub-section, "dowry"

shall have the same meaning as in section 2 of the Dowry
Prohibition Act, 1961 ( 28 of 1961).
(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven
years but which may extend to imprisonment for life.
IPC Section 498A
Section 498A was inserted into the Indian Penal Code in 1983
via an amendment.
It reads:
498A. Husband or relative of husband of a woman subjecting
her to cruelty.
Whoever, being the husband or the relative of the husband
of a woman, subjects such woman to cruelty shall be
punished with imprisonment for a term which may extend to
three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means(a) Any willful conduct which is of such a nature as is likely to
drive the woman to commit suicide or to cause grave injury
or danger to life, limb or health whether mental or physical)
of the woman; or
(b) Harassment of the woman where such harassment is with
a view to coercing her or any person related to her to meet
any unlawful demand for any property or valuable security or
is on account of failure by her or any person related to her
meet such demand.

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This section is non-bailable,non-compoundable (i.e. it cannot

be privately resolved between the parties concerned) and
cognizable.
Prosecution for a non-compoundable offense can only be
quashed by a High Court of India under its powers under
section 482 of Criminal Procedure Code of India. Usually,
cases under 498A are quashed by mutual agreement when
the husband and wife reconcile with each other, or agree to
divorce by mutual consent.
After registration of an FIR for a cognizable, non-bailable
offense, the police in India can arrest any and all of the
accused named in the complaint.
Status of Second wife under Anti-Dowry Law- I [2008] DMC
279- Bombay High Court- Justice C.L. Pangarkar Ranjana
Gopalrao Thorat Vs. State of Maharashatra- Hindu Marriage
Act,1955Section 17BigamySecond wife cannot assume
a character as wife--- It is no marriage in eyes of law
[Pg.280 {Para6}]-- Indian Penal CodeSection 498A
crueltyword relativemeaning of- Person who is
related to husband either by blood or marriageThus she
does not fall within scope of Section 498A-- Indian Penal
Code Pg.280 {Para6}]
"Every Suicide After Marriage cannot be presumed to be
Suicide due to Dowry Demand"- 2011[1] JCC Page No.668- In
The High Court of Delhi- Honble Mr. Justice Shiv Narayan
Dhingra- Dated: - 2 December 2010- Rani Vs. State of NCT of
Delhi- Criminal Appeal No. 93 of 2004- Indian Penal Code,
1860- Section 304B/ 498A Read With Section 34- Convictionallegation of demanding of Rs.50,000/- and scooter were
vague in nature- Whether it was done by husband, mother15 | P a g e

in-law or father-in-law- Answers to all these questions are

absentIngredients of Section 304B IPC were totally absentUnnatural Death can be called a dowry death only if after
making a demand made by accused is not fulfilled by
perpetuation of cruelty upon the victim- The list of dowry
show that both parties belonged to poor strata of society- No
evidence, whatsoever was collected by police about the real
facts- Every suicide after marriage cannot be presumed to be
a suicide due to dowry demand- The tendency of the court
should not be that since a young bride has died after
marriage, now somebody must be held culprit and the noose
must be made to fit some neck.
Domestic Violence Act (2005/2006)
The above being criminal remedies, a civil remedy was
brought into the picture in 2005 (amended in 2006). This was
called the "Protection of Women from Domestic Violence
Act".
For the purpose of this act, Domestic Violence includes the
demand for dowry:
For the purposes of this Act, any act, omission or commission
or conduct of the respondent shall constitute domestic
violence in case it (a) harms or injures or endangers the health, safety, life, limb
or well-being, whether mental or physical, of the aggrieved
person or tends to do so and includes causing physical abuse,
sexual abuse, verbal and emotional abuse and economic
abuse; or

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(b) harasses, harms, injures or endangers the aggrieved

person with a view to coerce her or any other person related
to her to meet any unlawful demand for any dowry or other
property or valuable security; or
(c) has the effect of threatening the aggrieved person or any
person related to her by any conduct mentioned in clause (a)
or clause (b); or(d) otherwise injures or causes harm,
whether physical or mental, to the aggrieved person.
This Act empowered the lower courts to issue "protection
orders" on the complaint of a woman against her male
relatives. The protection orders could include restraining
orders on the husband and others, monetary compensation,
and residence orders.
Though it is a Civil remedy, violation of protection orders
result in Criminal penalties (including imprisonment).

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Case Study
May 27: Young housewife burnt alive for dowry
LUCKNOW: For nineteen-year-old Rinki dreams of a happily
married life was never to be. Barely a month after her
marriage, she was allegedly tortured and then set ablaze by
her in-laws for dowry in Indiranagar in the small hours of
Saturday. Daughter of late Gyan Chand, a fish contractor who
expired a year ago, Rinki was married to Anil on April 19...
However, soon after the marriage, Balakram [Anils father]
demanded a colour television instead of a black and white
one and a motorcycle as well. When Rinkis mother failed to
meet their demands, the teenage housewife was subjected
to severe physical torture, allegedly by her husband and
mother-in-law... On Saturday morning she [her mother] was
informed that Rinki was charred to death when a kerosene
lamp accidentally fell on her and her clothes caught fire.
However, at first sight it appeared that the victim was first
attacked as her teeth were found broken.

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