Name of the Student : Anjan Vartak

Registration Number : 17BBLB060

Programme : BBALLB

Semester : 8TH SEMESTER

Course : Women and Criminal Law

Component : Research Paper

Date of Submission : 3RD July, 2021

Submitted to : Prof. Ramya R

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DOWRY DEATHS IN INDIA

SUBMITTED BY

ANJAN VARTAK (17BBLB056)

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 TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION 5

CHAPTER 2: LITERATURE REVIEW 5

CHAPTER 3: DOWRY DEATH 6

CHAPTER 4: CONCLUSION 9

BIBLIOGRAPHY 10

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ABSTRACT

Marriage is a fundamental part of society, a source of joy and merriment as well as

new beginnings. The Dowry framework, on the other hand, is one of the oldest shades
of malice associated with marriage from a lady's standpoint in Indian culture.
Despite the fact that much has been said and done against it, it is still prevalent in the
twenty-first century, in both subtle and overt ways. The habit of introducing
endowment is the crudest articulation of male-predominance in the general public,
and it is the foundation of a vast collection of social outrages against females. At the
time of marriage, it is customary for a young lady's family to provide a large sum of
money, gold as jewels, electrical equipment, portable or ardent possessions to the
groom and his family. Despite the fact that the custom began with guardians seeking
to provide financial security for their child girls, it has now evolved into guardians
paying for the affirmation of their girls' success. The adornments and money that a
woman of the hour brings with her from her parents' house is commonly referred to
as "Streedhan," and while it is technically the young lady's property, it is typically
viewed as the boy's legal due by the boy's family. The sum to be paid as share has no
defined standard; the criterion is heavily influenced by the boys' calling/social
status, and is typically viewed by the prep's family as a compensation for the
investment they have made in their child's education. The settlement system grew to
alarming proportions, claiming the lives of many young women. The country
observed the growth of the shades of malice of this framework in a more intense and
severe shape as a result of the general public's Frankensteinian attitude. It is
fashionable for the majority of the country to inquire and anticipate the spouse's
expense. Extreme completeness as well as other major considerations are required.

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 CHAPTER 1: INTRODUCTION

In its purest definition, "dowry" refers to any property or valued security offered by
the other party to the marriage to a party in marriage or to the party's parents. The
institution of marriage has long been linked to the Dowry system. However, the term's
meaning has been reduced from a voluntary payment by the parties to a marriage to a
coercive method to obtain a bigger sum of money. The Dowry Protection Act, 1961,
enacted a slew of provisions to limit the giving and taking of dowry by the legislature.
However, the linked factors that tend to degrade the woman's dignity, such as the
death of a spouse owing to dowry, are not addressed in the aforementioned Act. One
of the most terrible and heinous concerns in the Indian state is dowry death. There
have been legislations enacted and implemented by the government to curb the
practice, as well as campaigns and awareness programmes launched by government
and non-government organizations to raise awareness about dowry deaths and the
dowry system in India, but despite the presence of such initiatives, the number of
dowry-related deaths in India has increased. As a result, women are subjected to
repression, violence, and physical and emotional abuse. Furthermore, as a result of
this practise, the families' financial stability typically deteriorates.

CHAPTER 2: LITERATURE REVIEW

In the Deepa Muduli titled “Women as Dowry Victims: A Legal Study”, He observed
One of India's unresolved concerns is the dowry system. Despite the global drive to
eliminate violence against women, the number of dowry murder cases has increased
alarmingly. Dowry has expanded not just throughout the country, but also across all
faiths, castes, and groups. People require more money in order to improve their
economic status and modify their personal lifestyles, living standards, and social
standing. They desire to get wealthy suddenly, which frequently leads to violent
attitudes toward women, leading in a rise in female-on-female violence over time.
However, the author didn’t look at it in the aspect of social Stigmas and the changing
moral compasses.

In the Article titled Dowry Death Cases With Special Reference to Kamlesh Singh VS
Vishwaraj Singh authored by KG Sri Durga Priya; The research focuses on inhumane
crimes that stem from dowry. It allows for a comprehensive examination of the prompt

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intervention of the judiciary, which was seen as a new feature in the development of
women's rights against dowry exploitation. The purpose of this article was to
investigate the long-term negative consequences of dowry offences on victims, as well
as the ongoing importance of such draconian practices in the current day.

CHAPTER 3: DOWRY DEATH

Dowry Death is described as the unnatural death of a woman as a result of the

husband's and/or his family's demand for dowry. Dowry can range from cash to
valuables such as jewellery, moveable and immovable property, and so on. If a
woman's desire, greed, and thirst for dowry is not met, she is murdered by her husband
or his family. Dowry Deaths in India are dealt with in Section 304(B) of the Indian
Penal Code. The term "dowry" has the same meaning in this section as it does in
Section 2 of the Dowry Prohibition Act1.

Dowry is institutionalized as an indispensable part of a marriage. Though it was said

as of these were done voluntarily and out of affection and love. Customs and rituals
are part and parcel of an Indian culture until it won't cause ill effects to society. But
dowry practice disguised as a custom have victimized women in society in many ways
and such practices endangered women’s life in the society.

According to the aforementioned regulation, "dowry" refers to any property or valued

security transferred by one party to another. Gifts provided throughout the course of
the marriage, on the other hand, do not constitute a "dowry." In the case of Ram Singh
v. State of Haryana2, it was determined that a modest gift given during wedding
rituals did not qualify as "dowry." Dowry death is defined as death caused by the failure
of a forced attempt to get dowry. In the case of Shanti v. State of Haryana3, a few ideas
were proposed to explain Section 304B; When the death is caused by abnormal or
suspicious circumstances which is caused by bodily burns or injuries; Within 7 years
of marriage; Has been subjected to cruelty or harassment by her husband or any
relative of her husband soon before her death; Such Cruelty or harassment should be
in connection with demand of dowry4.

1 Subramaniam, M, Dowry: Bridging the Gap Between Theory and Practice (2010).
2 Ram Singh v. State of Haryana, 3 SCC 914 (1971).
3 Shanti v. State of Haryana, AIR 1226 (1991).
4 Chancey, L, Voluntary childlessness in marriage and family textbooks, JFH 206-223. (2009).

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The term "soon before death" is the most important factor to consider. This clause does
not merely mean "any time before to" or "just prior to." This term should not be
construed in a literal sense. The legislature's intention in inserting this sentence was
to extend the scope of the legislation. As a result, any death caused by the consequences
of dowry abuse or harassment would come under this criterion. In the case of Tarsem
Singh v. State of Punjab5, it was decided that there must be a direct link between the
two. The word "soon before" is a relative one that should be used in the broadest sense
possible. When it comes to establishing the time limit, there are no hard and fast rules.
The proximity of the two features, the link of the cruelty's effects being death, must be
considered6. The provisions of Section 113B of the Evidence Act and Section 304B of
the IPC both utilise the same wording. This is because the time between cruelty and
death varies depending on the facts and circumstances of each instance. For example,
in the case of Balwant v. State of Punjab7, there was no cruelty or harassment for 15
months, and no court dismissed the claim under this Section.

The Supreme Court in Kashmir Kaur v. State of Punjab8 reaffirmed the principles
established in Shanti v. State of Haryana and likened them to Section 498A of the
Indian Penal Code. It was decided that Sections 498A and 304B of the Indian Penal
Code are not mutually exclusive. The former section deals with "Cruelty" as a crime in
and of itself, whereas the latter deals with death resulting from "cruelty" induced by
Dowry. In basic terms, Section 498A of the Indian Penal Code has a larger scope than
Section 304A, encompassing all types of cruelty to a wife rather than limiting it to
death only. Along with the enactment of these laws to protect women from the ills of
dowry, there have been cases when the laws have been abused to further a different
goal. There have been several instances of wrongful purchases and severe
misapplication of dowry rules. In many situations, when one party to the marriage's
agendas aren't working out, and in order to accomplish their animus, a complaint is
filed against the other party to the marriage, and he is falsely accused of a crime he
didn't do. According to the NCRB Report, 2016, the total number of reported False
Cases connected to Dowry Deaths was 254, and the total number of reported False
Cases related to cruelty by the husband or his family towards the wife was 6,745. In

5 Tarsem Singh v. State of Punjab, AIR 384 (1995).

6 Cowan, A, Marriage and Dowry: Oxford Bibliographies Online Research Guide (2010).
7 Balwant v. State of Punjab, 1 SCR 411 (1995).
8 Kashmir Kaur v. State of Punjab, DMC 210 (1996).

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the case of Sushil Kumar Sharma v. Union of India, the Hon'ble Supreme Court
correctly said that section 498– A of the Indian Penal Code was enacted for the
protection of women, but that it is being deliberately exploited, and that this section is
being used to threaten a party to a marriage9.

The Dowry Protection Act and Section 304B of the Indian Penal Code, to mention a
few, are two of the laws that control and enforce the subject of dowry in India. To begin
with, the wording employed in statutes dealing with the giving, taking, and
repercussions of various dowry-related offences is just too ambiguous to be properly
enforced. The reality is that many elements of the same are not covered by legal
regulations. Dowry, according to the courts, is merely money and property paid at the
wedding ceremony. As a result, the Act did not make it illegal to demand presents after
the wedding. The Dowry Prohibition Act's definition of what constitutes dowry needs
to be expanded to prevent families from evading the Act's proscription against dowry.
Moreover, the term “Soon before the death” must be given a more specific
interpretation under Section 304B of the Indian Penal Code and Section 113B of the
Evidence Act.

Furthermore, the terms “Suspicious burns or injuries” under Section 304B of the
Indian Penal Code can consequentially be a forum for a magnitude of loopholes. It has
to be ensured that these factors are thoroughly dealt with for the effective
implementation of the laws related to dowry. It was held by the Honorable Supreme
Court in Shanti Vs State of Haryana, that Section 304B and 498A are not mutually
exclusive. Two distinct offences are observed and dealt with. A person that is charged
and acquitted under Section 304B can be convicted under Section 498A without a
charge being framed if such a case is made. However, from the viewpoint of
practicability, it is sensible in such cases to file charges under both the Sections at the
same time10. If the case is established against the accused, he can be convicted under
both the Sections but no separate sentence need be awarded under Section 498A in
view of a substantive sentence being awarded for a major offence under Section 304B.
This is simply due to the fact that Section 304B of the Indian Penal Code can only be
invoked through Section 498A of Indian Penal Code.

9 Sarda, M, The Concept of “Dowry” and Dowry Death a Study in the Light of Supreme Court
Decision in Ashok Kumar‟s Case (2011).
10 Wyatt, Broken Mirrors: The “Dowry Problem” in India (2011).

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In Panakanti Sampath Rao v. State of A.P11 Accused was charged with the commission
of offences under Sections 498A, 302 and 304B of the Indian Penal Code and Sections
3 and 4 of the Dowry Prohibition Act. He was acquitted of the offence of murder under
Section 302 but was convicted on the other counts. Life imprisonment was awarded
under Section 304B other than the punishment awarded under other charges. On
appeal, the High Court found the accused guilty of the offence under Section 302 of
the IPC, which the Supreme Court affirmed. These legislations must be amended for
the effective implementation and enforcement of the ban against dowry and the
consequences of the same.

CHAPTER 4: CONCLUSION

Dowry is an incredibly menacing issue in the Indian System; A Jaipur study surveyed
the perceptions on dowry of a cross-section of the urban population reveals that non-
demand of dowry being considered an abnormal behavior tends to create doubts about
"the respectability of the groom’s family." If the friends, neighbors and relatives who
critically appraise the quality and quantity of the dowry received do not find them
impressive enough, they often speak ill of the parents of the bride in her presence,
Further, the study found that contrary popular belief, education and gainful
employment do not make women equal to men in matrimonial matters. It is believed
that better status sometimes tends to higher demands of dowry which is settled
between the parents leaving no role for the bride and the groom. Caste customs and
cultural traditions continue to give legitimacy and social approval despite the
sanctions of the law and the indignities involved in the conduct. This means that the
issue of dowry will not be curbed without an effective law that could also alter the
thought process of the people of India. The inadequacies and inefficiencies of the law
should be dealt with in an effective manner and a need for an amendment of the laws
governing these laws must be pushed. As a society, it is vital for us to push to a
progressive and a welfare oriented system. The removal of dowry from the system of
India is the need of the hour.

11 Panakanti Sampath Rao v. State of A.P, CTC833 (2006).

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 BIBLIOGRAPHY

1. Subramaniam, M, Dowry: Bridging the Gap Between Theory and Practice

(2010).

2. Ram Singh v. State of Haryana, 3 SCC 914 (1971).

3. Shanti v. State of Haryana, AIR 1226 (1991).

4. Chancey, L, Voluntary childlessness in marriage and family textbooks, JFH

206-223. (2009).

5. Tarsem Singh v. State of Punjab, AIR 384 (1995).

6. Cowan, A, Marriage and Dowry: Oxford Bibliographies Online Research Guide

(2010).

7. Balwant v. State of Punjab, 1 SCR 411 (1995).

8. Kashmir Kaur v. State of Punjab, DMC 210 (1996).

9. Sarda, M, The Concept of “Dowry” and Dowry Death a Study in the Light of
Supreme Court Decision in Ashok Kumar‟s Case (2011).

10. Wyatt, Broken Mirrors: The “Dowry Problem” in India (2011).

11. Panakanti Sampath Rao v. State of A.P, CTC833 (2006).

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