AUTHOR : AYUSH KUMAR GUPTA

B.A.LL.B (6TH SEMESTER)

a76439494@gmail.com

CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA

CO- AUTHOR: AKASH KUMAR

B.A.LL.B (6TH SEMESTER)

akashpk839@gmail.com

CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA

 DOWRY DEATH: A CRITICAL ANALYSIS

ABSTRACT

Practice of dowry poses heavy threat in the life of the women. The origin of dowry primarily
was the contribution of bride family with the intention to help the husband. This custom
arises in the medieval period. Women were gifted with money and property from their
parents during her marriage as a financial independence for the bride even after marriage. But
this were wrongly interpreted by the society and make an obligatory to the bride family to
give sum amount of money or property. After marriage most of the problem of dowry will
arises, if the wife in incapable to fulfil the demand of the grooms or relative of grooms her
life became miserable in the house. She will be treated very cruelly and sometimes she lose
her life.

Key words: Dowry, Dowry death, Dowry prohibition act 1961, Dowry system, Section 304-
B of I.P.C, Section 113-B of I.E.A, Section 498-Aof I.P.C.
INTRODUCTION

Dowry related to violence is one of the heinous Crime that are going against the women in
our society. Dowry has become the social evil and it has widespread in all section, caste,
religion of the society. This leads to brutality, physical and emotional cruelty toward the
women, it causes the financial and mental stress towards the women parents. In the ancient
time, dowry was completely voluntary gift to the daughter and her bridegroom but at the
present scenario it becomes conditional. In our society, where demand of dowry either before
the marriage or after solemnize the marriage is a crime but dowry system still exist in our
society. The laws has been enacted and incorporated by the government to tackle with the
dowry death and dowry system in India but in presence of such initiative, cases related to
dowry death has increased in the country. The reason why dowry system persistent in India is
not only because it is difficult to enforce the laws or because the groom family is very
demanding, but also the bride family to bear with it.

HISTORICAL BACKGROUND OF DOWRY SYSTEM

In the ancient time, the bride parents pay the goods, money as honoring the bridegrooms at
the time of marriage. The concept of dowry system is unknown in earlier societies. According
to the Hindu text, only Brahma form of marriage which was related to upper class that
marriage meant as a gift of the daughter with some ornaments and goods 1. Otherwise, the
concept of dowry system was related to marriage as gift or Dan.

Dowry is connected to an ancient Hindu concept of kanyadana. Kanya means daughter and
dana means gift. In kanyadana, the parents of the bride offer the father or groom money,
property, goods at the time of marriage.2 The custom of kanyadana is followed or associated
by Varadakshina. In ancient times, to give dakshina (obligatory gift) after any kind of daan
(voluntary gift), hence the tradition of varadakshina followed by kannyadaan. Child marriage
was the norms in ancient India, the parents will give numerous gift to the girl as she left
maternal home. Dowry as it includes the extraction of cash and goods from the girl parents by
the groom and his family. Further, the demand of dowry are made not only before the
marriage but also afterwards.3 Demand of dowry have been reduce after passing the Dowry
Prohibition Act, 1961.
1
Hemant More, Dowry and its ill-effects, (Mar. 16,2021, 4:33 PM),
https://www.thefactfactor.com/facts/law/civil_law/family_law/dowry/3486
2
Ibid
3
Leila Ateffakhr, Dowry system in India, (Mar. 17, 2021, 6:52 PM), https://www.ijsrp.org/reseach-paper-
0317/ijsrp-p6342.pdf
GROWTH OF DOWRY SYSTEM IN INDIA

The Dowry system in India is connected with the Marriage establishment. In ancient time,
dowry was completely a voluntary gift to the daughter and her husband which in the present
scenario it has become obligatory. In the ancient text and literature, it is suggested that
marriage ceremony was one of the important rituals in a personal life, and compulsory
binding for all Hindu men in general and all women in particular, but nothing in that text and
literature talks about the Dowry System. Marriage is a holy bond which is blessed by God
and this holy bond will not be broken from human action4.

Dowry system growth in India shows that in the past the daughters have not any inherent
rights and were denied of this right, only son has the right of inheritance, only son has
inheritance in father property5. In this scenario, the parents of the daughter at the time of her
marriage out of sheer love and affection give the gift some part of money, maternal goods etc.
which apparently have started the Dowry system in the country.

GROWTH OF DOWRY DEATH IN INDIA

Dowry death is defined as an unnatural death of the due to demand of dowry by the husband
or his family members. Dowry can include anything from money like movable or immovable
property, jewellery etc. women are killed by the husband or his family member, if their
demand for dowery are not fulfilled. With the passing years cases related to dowry death in
India are gradually increasing, also the cases related to cruelty towards the wife by the
husband or his relatives are increasing which is caused by demand for dowry.

According to the statistics given in the National Crime Record Bureau (NCRB)6 Report,
2016, total number of cases related to Dowry Deaths in the year 2016 were 7,621 and total
number of cases related to cruelty by the husband or his relatives in the year 2016 were
1,10,378. India grasp the highest number of Dowry Death cases in the World.

LAWS RELATED TO DOWRY

4
Dev Raizada, Dowry Death and Dowry System in India, (Mar. 17, 2021, 8:23 PM),
https://www.academia.edu/36168706/Dowry_Death_and_Dowry_System_in_India
5
Ibid
6
Crime in India, 2016- National Crime Record Bureau, Ministry od Home Affairs, New Delhi, India.
Section 304-B of the Indian Penal Code, deals with the dowry death. Within the seven years
of marriage where the death of a women is caused by any bodily injuries or burns or occur
otherwise and if it is shown that soon before her death she was subjected to harrassment or
cruelty by her husband or husband’s relative by demand for dowry, such death called s dowry
death.

Whosoever commits dowry death shall be punished minimum seven years of imprisonment
but it may extend to the life imprisonment.

Ingredients of section 304-B of the I.P.C

1. Within in the seven years of the marriage.

2. The death of the women is caused under the suspicious circumstances caudes by any
bodily injuries or burn.

3. The death is must related to the dem and of dowry

4. The expression of “soon before her death”

In the case of Raja Lal Singh v. State of Jharkhand 7 the apex court said that the term “soon
before her death” is very flexible expression, it can be interpreted as instantly her death or
within a reasonable time before her death. The thing is that there should be a direct
connection between the death of the woman and the harassment she faced related to dowry
demand. If the wife died within the seven years of the marriage and if there is no demand of
dowry form the side of husband family then the husband and his family are not liable and
charged under the section 304-B of I.P.C held by the Hon’ble Supreme Court in the case of
Meka Ramaswamy v. Dasari Mohan and others8 However if the women commit suicide in
relation for demand of dowry and it happens soon before her death then section 304-B of the
I.P.C invoked hon’ble court held in the case of Bhagwan Das v. Kartar Singh and others.9

In the case of Prahallad Budek v. State of Orissa 10 hon’ble court said that there should be link
between death of the women and harassment and cruelty faced by her by husband and
husband’s relative for relation of demand of dowry then they are liable for the punishment.

7
AIR 2007 SC 2154; MANU/SC/7622/2007
8
AIR 1998 SC 774; MANU/SC/0042/1998
9
AIR 2007 SC 2045; MANU/SC/2650/2007
10
(2008) 64 AIC 458; 2008 CriLJ (NOC 339)97)
Section 498-A deals with the cruelty, if the husband or relative of the husband harass the
women shall be punished for I,imprisonment which may extend to three years and shall also
liable for fine.

Ingredients of 498-A of the I.P.C

1. Women should be a married

2. The women should be going through the cruelty or harassment

3. The harassment or cruelty should be done by the husband or by the husband family

4. There should be a Mens Rea on the part of the husband or husband’s relative11

To strengthen the belief of the society in the legal system and to give justice to the women
Hon’ble Supreme Court in the case of Pawan Kumar Singh and others V. State of Harayana 12
held that if the wife died by committing suicide within the seven years of the marriage which
is the result of dowry then along with the section 304-B and 498-A of the I.P.C the accused
shall also be liable under section 306 of the I.P.C ( which says Abetment of attempt to
commit suicide) because the accused forced her to do so.

Section 113-B of the Indian Evidence Act deals with presumption of dowry death.

When the question is whether a person committed the dowry death of a women and it is
shown that it is soon before the death and the women id harassed by a person for the demand
for dowry then the court shall presumed that a person had caused the dowry death.

In the case of Harjit Singh V. State of Punjab 13 the court held that there was no evidence that
showing that the consumption of poison which is consumed by women was the result of
cruelty or harassment by the husband or husband’s relative, so the husband was acquitted
under section 304-B of the I.P.C. and section 113-B of the I.E.A. could not be inflicted
against him.

THE DOWRY PROHIBITION ACT 196114

This act was prepared and developed by giving relief to the victims of dowry cases in India.
The entire act fulfill the purpose to protect women’s suffering from the harassment and
cruelty by the name of dowry.
11
C. veerudu v. state of Andra Pradesh (1988) 2 AP LJ 75; 1989 CriLJ (NOC 52) 25)
12
AIR 1998 SC 958; MANU/SC/0104/1998
13
AIR 2006 SC 680; MANU/SC/2287/2006
14
https://wcd.nic.in/act/dowry-prohibition-act-1961
This act contains 10 sections areas follows:

1) Section 1- Short title, extent and commencement

2) Section 2- Defines “dowry”

3) Section 3- Impose penalty for giving or taking the dowry.

4) Section 4- Impose penalty for demanding the dowry

5) Section 4A- Bans on the advertisement , if any person offers, through any advertisement
in any newspaper, journals, or by through any other media may share his property,
money and other things as consideration of marriage of son or daughter or any other
relative shall be punish not less than six months or may extend to five years or also shall
liable for fine which may extend to fifteen thousand.

6) Section 5- Agreement for giving or taking dowry is void

7) Section 6- Dowry to be for the benefit of the wife or heirs.

8) Section 7- Cognizance of offence.

9) Section 8- Offence to be cognizable for a certain purpose and to be non-bailable and non-
compoundable.

10) Section 8A- Burden of proof in certain cases.

11) Section 8B- Dowry prohibition officer.

12) Section 9- Power to make rules.

13) Section 10- Power of State Government to make the rules

As it clearly sees that this act is drafted, keeping in mind the interest of all the society and the
laws in order to protect the dowry victims which may be leading them to death, suicide and
harassment or cruelty.

Dowry is the social evil. If you refer the section 6 of this act “Dowry to be for the benefit of
the wife or heirs”, here we should understand that the dowry is the sum of money which is
given by the bride family out of sheer love and affection to protect the social and financial
interest of her daughter and which is not social evil. “Demand” of dowry by the husband or
his family is the social evil, faced by the wife and her family.
CONCLUSION

Through law has provide strict measures to control this danger will be continued; Unless the
whole society believes that dowry is an evil. We have to create a strong awareness in the
public mind that giving or taking dowry is totally wrong, every mother in laws thinks ones
that she was also a daughter in law in some time and she also thinks that the treatment which
she gives to her daughter in laws shall receive by its own daughter when her daughter got
married. Start practicing dowry prohibition in the family and educate the family members
with the provisions of law that demanding and accepting dowry is an offence and if it would
be practice then we will face the problems and imprisonment. Dowry cannot be battled by
few persons. It needs a wide spread change. The best education is the best dowry.parents are
guided to educate their daughter and it is the time that education has more value over the
dowry.