Dowry Death and Law – Indian Scenario

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P)Review Article ISSN: 2394-0034 (O)Dowry Death and Law – Indian Scenario Pragnesh Parmar*Associate Professor, Forensic Medicine Department, SBKS MI & RC, Vadodara, IndiaAbstractDowry death is a burning issue of the Indian society since years. The unnatural death ofnewly married young woman due to dowry is routine headline of every newspaper.Protection of young married women against harassment and cruelty on account of dowry isresponsibility of government. Ban of giving and taking dowry - the Dowry Prohibition Act,1961, is the one which is most commonly challenged since its commencement all over thecountry. To deal with this section 304 - B (Dowry deaths) and 498 - A (Cruelty by husband orin-laws) were incorporated in the Indian Penal code in the mid 1980's. Improvement ofeducational status of females by educational cum awareness programs along with severepunishments to offenders will be helpful to deal with this social curse.Key wordsDowry death, Law, Indian Scenario.Introduction experts as well as to legal officers and justice not only to eliminate this social hazard butDowry and related offences even death at also to punish the culprits in effectivethe end is a burning issue of the Indian manner to make the world free from itsociety since years. It is increasing day by forever.day due to social inheritance, traditionalmentality and life style in the family. Dowry In majority cases of bride killing or bridedeath is a big challenge to the modern burning or dowry death, problem is createdsociety, moral values, police, and forensic by the female themselves against their own sex. It has been usually found that approach*Corresponding Author: Pragnesh Parmar of mother in law is different from that of theE mail: [email protected] bride's mother.Received on: 11-09-2014 How to cite this article: Pragnesh Parmar. Dowry Death and Law –Revised on: 20-09-2014 Indian Scenario. IAIM, 2014; 1(2): 44-49.Accepted on: 25-09-2014 Available online at www.iaimjournal.comInternational Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 44Copy right © 2014, IAIM, All Rights Reserved.

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P) ISSN: 2394-0034 (O)Initially at the time of marriage, money is such cases, and the law in respect thereofgiven by bride’s family as per demand of the has been suitably amended. The Indianin laws but later on hunger of dowry is Penal Code (I.P.C.), Criminal Procedure Codeincreasing extremely high which is followed (Cr.P.C.) and Indian Evidence Act (I.E.A.) areby torture of bride and ends up in her death. amended as per the criminal law (SecondIn other words, in bride burning cases, crime Amendment) Act, 1983 and was approvedis normally abetted and even committed by by President of India to deal effectively withthe females themselves. cases of dowry deaths and also the cases of cruelty to married women by their in laws.The unnatural death of newly married youngwoman due to dowry is routine headline of IPC Section 304 - B deals with dowry deathevery newspaper and media even today. Self When the death of a married woman isburning by females after death of her caused by any burns or bodily injury orhusband in Hindu community is traditionally occurs under abnormal or suspiciousaccepted and matter of proud as in 'Sati- circumstances within seven years of herPratha' or 'Joher'. But nowadays, large marriage duration and it is clearly shownnumber of newly married young women are that soon before her death she wasburnt alive by their husbands and / or in subjected to cruelty or harassment orlaws or forced by them to end their unhappy torture by her husband or any relative of herlife, while a few others are killed first and husband or in laws for, or in connectionthen burned to hide the crime. In majority of with, any demand for dowry, such deaththese cases, dowry is the prime motive shall be called as \"dowry death\", and suchbehind this terrible crime. husband or relative or in law shall be deemed to have caused her death. WhoeverProtection of young married women against commits dowry death shall be punishedharassment and cruelty on account of dowry with imprisonment for a term minimum ofis responsibility of government. Social seven years which may extend toorganization and media may also effectively imprisonment for life. [1]contribute by developing awarenessregarding this issue and mobilizing the IPC Section 498 - A deals with husband orsupport of society against this terror. We all relative of husband of the womanneed to fight together to end this social subjecting her to crueltycrime forever to bring new happy horizon in Whoever being the husband or the relativelife of married women. of the husband or in law of a woman, subjects such woman to cruelty orLaws in relation of dowry deaths harassment or torture shall be punished with imprisonment for a term which mayIn view of the increasing number of dowry extend up to three years and shall also liabledeaths, guidelines have been laid down by to pay fine. The cruelty can be either mentalthe Government of India for examination of or physical torture which drives the womenInternational Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 45Copy right © 2014, IAIM, All Rights Reserved.

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P) ISSN: 2394-0034 (O)to commit suicide or to cause serious injury, and it is shown that soon before her death,or danger to life or health. [2] such woman had been subjected by such person to cruelty or harassment for, or inCrPC Section 176(1) provides inquest by connection with, any demand for dowry, theexecutive magistrate and CrPC section court shall presume that such person had174(3) provides as follows caused the dowry death. [5]When (1) The case involves suicide by awoman within seven years of her marriage Magistrate inquest in dowry death(ii) The case relates to the death of a womanwithin seven years of her marriage in any In dowry deaths, investigating officer plays acircumstances raising a reasonable suspicion very important role to bring out justice asthat some other person committed an well as on other hand to save the husbandoffence in relation to such woman, or (iii) or in laws if at all they are not guilty for theThe case relates to the death of a woman offence and are falsely being caught up inwithin seven years of her marriage and any trap. He has to investigate every dowryrelative of the woman has made a request in death case with consideration of boththis behalf, the police officer will forward mental and physical torture which has beenthe body for autopsy to the nearest medical imparted on the victim by the husbandofficer for opinion. [3] and/or in laws over a long period which has ended in suicide by the lady.IEA Section 113 - A deals with presumptionas to abetment of suicide by a married Forensic experts and dowry deathwomanWhen the question is whether the Forensic experts come into picture onlycommission of suicide by woman had been when dowry death cases are sent to themabetted by her husband or any relative of for post-mortem examination for obtainingher husband and it is shown that she had necessary opinions. In doctor’s view, dowrycommitted suicide within a period of seven death cases are like any other unnaturalyears from the date of her manage and her female death cases yet. Forensic expert, as ahusband or such relative of her husband had rule, must try his level best to find out thesubjected to cruelty, the court may cause of death only on the basis of scientificpresume, having regard to all the other facts observed in any given case and not oncircumstances of the case, that such suicide assumptions or predetermined concept.had been abetted by her husband or by such Firm devotion to the approved code for therelative of her husband. [4] conductance of post-mortem in dowry death cases should be observed. Try to findIEA section 113 – B deals with presumption out the cause, nature of death and timeas to dowry death since death and other relevant facts fromWhen the question is whether a person has the medico-legal point of view to helpcommitted the dowry death of a woman justice. Presence of a lady doctor in theInternational Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 46Copy right © 2014, IAIM, All Rights Reserved.

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P) ISSN: 2394-0034 (O)autopsy team is must to visualise and Effective steps to be takenexplore all angles although each case isunique. Most of the victims are young Ban of giving and taking dowry - the Dowrymarried women who are usually labelled as Prohibition Act, 1961, is the one which isaccidental deaths, but actually these are not most commonly challenged since itsaccidental cases but are of homicidal in commencement all over the country. Therenature. So it is the principal duty of forensic is no disagreement that there is an everexperts to look for the exact cause of death increasing crime against women at theon the basis of relevant data and diagnostic hands of their husbands and / or in laws. Tocriteria in scientific manner and approach. deal with this section 304 - B (Dowry deaths) and 498 - A (Cruelty by husband or in-laws)Social factors and dowry death were incorporated in the Indian Penal code in the mid 1980's.Dowry is a social sin, which is commonamongst upper and middle classes of Hindu A re-evaluation of Dowry Prohibition Act,community of India, and is the key factor for 1961 should be done again as the law hasunnatural deaths in newly married females actually failed to control the crimes againstsince years. Besides dowry, illiteracy, women or in effect failed to produce thearranged or love marriages, child marriages, vital results. Moreover, the Dowryjoint family structure, oedipal supremacy of Prohibition Act, 1961 being a special act,mother in law, joblessness and monetary usually police do not take steps or takedependence of husbands on their parents, much attention in it, more particularitynear complete dependence of women or because offences under the act are treatedtheir husband and / or in laws, drunkenness, as cognizable offences for certain limitedcruelty and disloyalty of the husbands and purposes. Severe punishment is to be givenwant of social safety among Hindu women to those who take dowry and harsh laws beare other contributory factors affecting the framed for dowry related harassment andmarital happiness in one or other ways. [6] dowry deaths. Strict laws should also be enacted to disallow remarriages for suchDowry occupies only one end of the shore of men whose wives have been burnt alive andsocial exploitation sea; within the same field / or the men who have been caught up inare cruelty, penalty, and molestation, dowry deaths till the release of finalphysical or mental torture etc. After judgement. Besides, a special task force ofmarriage, girl is push into an unknown world police should be constituted exclusively forand is trapped into network of insecurities this purpose, and speedy policeand thus she is totally on the kindness of the investigations should be done. A continuoushusband and/ or his family members who monitoring is also a must for all registeredmight or might not look after her. dowry death cases both at district and high court level so that justice should be delivered at the earliest. [7, 8, 9]International Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 47Copy right © 2014, IAIM, All Rights Reserved.

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P) ISSN: 2394-0034 (O)Medico-legal aspects of dowry death giving dying declarations. Judiciary should take a fresh look at the trustworthiness ofSome of the vital medico-legal aspects dying declarations, in particular, once thewhich warrant notice have been dealt in truthfulness of a dying declaration has beenhere to think over the delicate situations criticised by scientific facts. The law shouldfaced by forensic experts in their routine give recognition and preference to thepractice. The primary aspect is that not only scientific facts and not to the dyingthe police should act immediately to avoid declaration. Moreover, the victim's purposedemolition of essential clues at the scene of in making a deathbed declaration is either tocrime but also police should act promptly in protect the interests of her children or otherregistering all such complains without delay. relatives while the medico-legal personnel,If a special task force / cell are maintained pathologist or the forensic experts furnishthen this should also be informed for timely facts without any motives and in theinvestigations of each case. Secondly, if local interests of society to assist thepolice is lagging behind or showing a administration of justice. [7]delaying policy then either the superiorofficers are approached or voluntary Every life ends one day but unnatural endorganisations be approached for the proper particularly due to dowry leaves a badinvestigation to be done. Involvement of example of good society. [10] Moremedia also focuses a strong awareness deterrent sentences or proof of guilt fromabout the occurrence of crime. If the victim the prosecution to the accused will not beis alive after the incident then prompt effective unless the public is made aware ofefforts should be made to record a the wicked consequences of dowry and aredeclaration by a competent authority. Dying assured protection in case when they comedeclaration has legal validity as the Indian forward to fight against it. Neighbors can belaw presumes that a person who believes of great help in prosecution of such crime bythat her death is imminent will tell only the giving truthful evidence about generaltruth and never lies. treatment given to the bride before her death.However, in our opinion, in certainsituations female victims who make dying Summarydeclaration, may give artificial information,particularly if the lady is continuously Dowry death is a burning day to daytortured for years together or else is problem of the Indian society. It should beseverely depressed or under the influence of accepted that wanted result can’t be gaineddrug or wants to secure the future of her by enactment of law alone against dowry.children. Strangely, these aspects have not This social curse has to be attacked by abeen satisfactorily probed by the courts. The multipronged and organized approach bycourts never consider the emotional police, women welfare organizations,dilemmas faced by these victims who are reputed public servants, and judiciary andInternational Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 48Copy right © 2014, IAIM, All Rights Reserved.

Dowry Death and Law – Indian Scenario ISSN: 2394-0026 (P) ISSN: 2394-0034 (O)by awarding deterrent punishment to all 3. Mathiharan K., Patnaik AK. (edi.)offenders. Nevertheless, an improvement of Modi’s Medical Jurisprudence andeducational status of the females and Toxicology. 23rd edition. LexisNexis,providing easier job opportunities at the Butterworths, 2006, p. 21.door step or self employment facilities will 4. Parikh C.K. Parikh’s Textbook ofhelp to restrict the incidences of dowry Medical Jurisprudence anddeaths. In addition, educational cum Toxicology, 5th edition. 1996, p. 385-awareness programs should be designed 386.right at the time of marriage so as to stop 5. Bardale R. Principles of Forensicthe husband from consuming liquors, drugs Medicine and Toxicology. 1st edition.or gambling, restricting to monogamy and Jaypee Brothers Medical Publishers,earning money honestly by sheer hard work 2011, p. 272.rather than developing lust for easy money. 6. Das Gupta et al. Burn wife syndrome.In our opinion, a rational and practical Ann. Acad. Med. Singapore, 1984; 13approach on the above mentioned matter (I): 37-42.will certainly be helpful. 7. Satpathy D.K. Burning Brides- A medico-legal study. Med. Law, 1995;Acknowledgement 14: 547 -552. 8. Bhullar D.S. et al. Profile of unnaturalAuthors acknowledge the immense help female deaths (between 18-30 yearsreceived from the scholars whose articles are of age) in Govt. Medical College/cited and included in references of this Rajindra Hospital, Patiala (India).manuscript. The authors are also grateful to Journal of Forensic Medicine andauthors / editors /publishers of all those articles, Toxicology, 1996; 13(3, 4): 5-8.journals and books from where the literature for 9. Rao NKG. Study of fatal female burnsthis article has been reviewed and discussed. in Manipur, Journal of Forensic Medicine and Toxicology, 1997;References 14(2): 57-59. 10. Parmar P, Saiyed ZG, Patel P. Study of 1. Vij K. Textbook of Forensic Medicine pattern of head injury in drivers of two and Toxicology. 5th edition. Elsevier, wheeler auto vehicle accidents. Indian 2011, p. 206. Journal of Forensic Medicine and Toxicology, 2012; 6(2): 248-252. 2. Reddy KSN. The Essentials of Forensic Medicine and Toxicology. Source of support: Nil 31st edition. Om Sai Graphics, 2012, Conflict of interest: None declared. p. 273.International Archives of Integrated Medicine, Vol. 1, Issue. 2, October, 2014. Page 49Copy right © 2014, IAIM, All Rights Reserved.