The Dowry Prohibition Act -A boon or bane?
Submitted bySoujanyaa Manna 628 3rd Semester NUALS
ACKNOWLEDGEMENT
“What you see, you forget, What you hear, you remember, What you do, you understand”
I would like to take this opportunity to offer my acknowledgements to all those who helped me during the course of this project. I thank profusely Mr. Abhay Chandran, my teacher and guide of Legal Method, without whose support and supervision this project would not have been a success. Indeed, the experience has been insightful and most often, thought provoking. A deeper understanding of such an important topic has enriched our knowledge. I also wish to express our gratitude to the all library staff for their patience and cooperation in helping us find the apt research material and being generous with the due dates. My thanks further extend to all my other sources of information and of course, to my friends and seniors, without whose insightful thoughts and relevant criticisms, the project would not have been complete. Last but not the least, I wish to thank my parents and the almighty for their help and constant support through various means. I also hope that I will be provided with similar opportunities to work on such other interesting topics in the future. Page | 2
Contents Page No.
1.
Introduction.................................
.......................................3 2.
The Dowry Prohibition
Act,1961................................5 •
History................................................... .................................5
•
Different Provisions of the Act......................................6
3.
Relevant Provisions of Indian
Penal Code, 1860 and Indian Evidence Act, 1872...........................................21
Page | 3
4.
The Dowry Prohibition
(Maintenance of
list of presents to the bride and bridegroom)
Rules 1985 ............................25 5.
An Analysis of the Act- whether
it’s a boon or bane? .............................................. .................................................27 6.
Conclusion...................................
......................................34 7.
Bibliography................................
.....................................35
1. Introduction Writing a critical paper on a piece of legislation that is unique to a country like India would otherwise have been a matter of pride but here it brings home utter shame. In the past centuries, not only have women been denied justice social, economic and political but also they have been generally abused, exploited and then discarded. Adding to many other issues on which women are exploited, a dowry issue is the one, which sours the relationship with the mother-in-law and daughter-in-law, husband and wife, the root cause of which is greed. There is hardly any other malady of Page | 4
greater magnitude, which the society is facing today than the curse of dowry demand and dowry death. It is commonly talked of in the society that the newly married wife is expected to be a gold mine, failing which they treat her as combustible material, and because of this cruel behaviour, the girl, who comes to the matrimonial home with great expectations and dreams, has to resort to suicide or be burnt alive by the in-laws. The tradition of dowry started in the form of “Vardakshina”. The ancient marriage rites in the Vedic period are associated with Kanyadan. It is laid down in Dharamshastara that the meritorious act of Kanyadan is not complete till the bridegroom was given a dakshina. So when a bride is given over to the bridegroom, he has to be given something in cash or kind which constituted
varadakshina.
Thus
Kanyadan
became
associated
with
varadakshina i.e. the cash or gifts in kind by the parents or guardian of the bride to the bridegroom. The varadakshina was offered out of love and affection and to honour the groom rather than to induce him to take the bride. It did not constitute any kind of compulsion or consideration for the marriage. It was a voluntary practice without any coercive overtones. In the course of time, the voluntary element in dowry has disappeared and the coercive element has crept in. It has taken deep roots not only in the marriage ceremony but also post-marital relationship. What was originally intended to be a taken dakshina for the bridegroom has now gone out of proportions and has assumed the nomenclature 'dowry'.It is ironic that in India, dowry was originally designed to safeguard the woman and it was the provision of Streedhan (Stree meaning woman and dhan meaning wealth) in the form of money, property or gifts given solely to the woman by her parents at the time of her marriage. Streedhan, an inheritance was meant to exclusively belong to the woman at the time of her marriage. Later on in the hands of lords and kings it became the symbol of status and prestige to assert one’s superiority over others and dowry emerged as an unintended consequence of the above social practice. Today dowry deaths have become Page | 5
very common. The abuse of the custom eroded and aborted the original meaningful function of dowry as a safety net for the woman and was corrupted to become the price tag for the groom and consequently the noose for the bride. Before independence, the effort to control the dowry evil was made in the then province of Sindh by enacting the Sindh Deli Leti Act, 1935 but the enactment had neither any impact nor could create the desired effect. During the last few decades the evils of dowry system has taken an acute form in almost all parts of the country and in almost all the sections of society. In a bid to eradicate this evil from the society, the State Governments of Bihar and Andhra Pradesh enacted "The Bihar Dowry Restraint Act, 1950" and "The Andhra Pradesh Dowry Prohibition Act, 1958" for the respective States, but both these enactments failed to achieve the objectives for which they were enacted. Free India enacted its first statute in 1961, the Dowry Prohibition Act, 1961to combat the increasing evil of dowry, to curb the exploitation of women which resulted in violation of dignity of womanhood, which also caused the institution of marriage to lose its sanctity. But this statute proved inefficient and a Joint Parliamentary Committee was constituted, on whose recommendation the Act was amended twice in 1984 and 1986. The committee highlighted the inefficiency of the act and recommended IPC provisions to deal with the situation. Section 498A and Section 304B which came as a result of the recommendation have been discussed in the subsequent sections. Through this paper I have attempted to conduct a comprehensive study of the various sections with a view to understand different terms used therein. I have tried to explain every legal term with the help of applicable case laws and to analyze the same. The main aim of this paper is to investigate the fact whether the act is a boon or a bane and whether the anti-dowry act is being misused at large in India. Page | 6
2. Dowry Prohibition Act, 1961 The government has tried to combat the growing incidence of dowry death by enacting various laws to prevent such deaths from occurring and to punish those responsible when they do occur. The government's first effort came with the Dowry Prohibition Act, 1961 which is a short act with only 10 sections with the express objective to prohibit giving or taking of Dowry. To increase its effectiveness, the government has twice amended the Act, in 1984 and 1986. The 1986 amendments require the police and a judicial magistrate to investigate every unnatural death of a woman married less than seven years. But the Act did not come into existence all of a sudden.
•
HISTORY OF THE ACT
The social reformers of the nineteenth and early twentieth century strove hard for the abolition of various social evils including the evil of dowry system. The evil of dowry system assumed enormous proportions and the minds of right thinking persons, both outside and inside the State Legislatures and the Parliament were shattered. The matter was raised in the Parliament in very first session of the Lok Sabha. Many proposals for restraining dowry were placed in the Parliament in the form of Private Members Bills. During the course of discussions on a non-official Bill in the Lok Sabha in 1953, the then Minister of Law gave an assurance to the House that a bill on the subject would be prepared in consultation with the State Governments. In pursuance of the assurance, a Bill was subsequently submitted for consideration of the Cabinet. The Cabinet then decided that the proposal might be held in abeyance till the enactment of the Hindu Succession Act. After the enactment of the Hindu Succession Act in 1956, the Government felt that a separate legislation to prohibit dowry was not a matter of urgency. As the problem continued to increase the issue was Page | 7
against and again agitated in the Parliament as well as in State Legislatures. On account of pressure both at political and social levels, the Government finally decided to process the legislation. On 24th April, 1959 the dowry Prohibition Bill, 1959 was introduced in the Lok Sabha. After some discussion, the Bill was referred to a Joint Committee of both the Houses of Parliament.
The
Joint
Committee
presented
its
report
with
some
amendments in the Bill. Both the Houses of Parliament did not agree with the amendments as reported by the Joint Committee and ultimately the Bill was considered at the Joint Sittings of both the Houses of Parliament held on 6th and 9th May, 1961. The Dowry Prohibition Bill was passed in the Joint Sittings of both the Houses of Parliament and it became an Act - The Dowry Prohibition Act, 1961 (28 of 1961) and it received the assent of the President on 20th May 1961. It came into force on 1st July, 1961.
•
THE DIFFERENT PROVISIONS OF THE ACT
Section 1 of the Act gives us the Short tile, extent and commencement of the Act. According to it this Act may be called the Dowry Prohibition Act, 1961 and it extends to the whole of India except the State of Jammu and Kashmir. Section 2 gives the definition of Dowry.In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly. a. By one party to a marriage to the other party to the marriage, or b. By the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person,
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At or before [or any time after the marriage] 1 [in connection with the marriage of the said parties, but does not include] 2 dower or mahr in the case or persons to whom the Muslim Personal Law (Shariat) applies. As per Explanation II, the expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860) according to which the words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted,
extinguished
or
released,
or
who
hereby
any
person
acknowledges that he lies under legal liability, or has not a certain legal right.
Studying the various case laws we can say that(i) "Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage i.e. it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. But where the demand for property or valuable security has no connection with the consideration for the marriage; it will not amount to a demand for dowry. The demand for valuable presents made by the appellants on the occasions of festivals like Deepavali is not connected with the wedding or marriage and these demands will not constitute dowry as defined in section 2 of Dowry Prohibition Act, 1961; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (ii) The word “Dowry” should be any property or valuable given or agreed to be given in connection with the marriage. The customary payments in 1
Substituted by Act 43 of 1986, sec.2
2
Substituted by Act 63 of 1984, sec.2 Page | 9
connection with birth of a child or other ceremonies are not involved within the ambit of dowry; Satbir Singh v. State of Punjab, AIR 2001 SC 2828. (iii) Any property given by parents of the bride need not be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal, 1994 Cri L.J. NOC 255 (All). (iv) The definition of dowry is wide to include all sorts of properties, valuable securities etc. given or agreed to be given directly or indirectly. Therefore the amount of Rs.20,000/- and 1.5 acres of land agreed to be given at the time of marriage is dowry, even though the said land was agreed to be transferred in the name of the deceased as 'pasupukumkuma' by executing a deed; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC. (v) There had been no agreement between either party to give any property or valuable security to the other party at or before or after the marriage. The demand of TV, refrigerator, gas connection, cash of Rs. 50,000/- and 15 tolas of gold are not demand of dowry in view of section 2 as there was no agreement; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal. (vi)Concept of dowry as defined in section 2 is wider than the concept of stridhan. While dowry signifies presents given in connection with marriage to the bridal couple as well as others, stridhan is confined to property given to or meant for the bride; Hakam Singh v. State of Punjab, (1990) I DMC 343. (vii) Dowry means, any property given or agreed to be given by the parents of a part to the marriage at the time of the marriage or before marriage or at any time after the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000/- some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that Page | 10
the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demand after the marriage; Y.K. Bansal v. Anju, All L.J. 914. (viii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances etc. at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act,1961; Madhu Sudan Malhotra v. K.C. Bhandari; 1988 BLJR 360 (SC). (ix) A sum of money paid by a Mohammedan in connection with his daughter's marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law in not 'dowry' within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48. (x) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition; Nirdosh Kumar v. Padma Rani, 1984 (2) Rec. Cr. R. 239. (xi) Where the demand was made at the time when marriage ceremony was in progress and was repeated after the marriage, it was held that it fell within the definition of dowry; L.V. Jadhav v. Shankar Rao, (1983) 2 Crimes 470. (xii) Traditional presents and other articles given at the time of the marriage are the individual property of the Hindu wife. She is the absolute owner of the property and can own it in her own right, Vinod Kumar v. State of Punjab; AIR 1982 P &H 372: 1982 HLR 327: 1982 PLR 337. (xiii) Definition of ‘Dowry’ is not restricted to agreement or demand for payment of dowry before and at the time of marriage but also includes demands made subsequent to marriage; State of Andhra Pradesh v. Raj Gopal Asawa, AIR 2004 SCW 1566. Page | 11
(xiv) Demand of dowry in respect of invalid marriage would not be legally recognizable; Reena Aggarwal v. Anupam, AIR 2004 SC 1418. Section 3 highlights the penalty for giving or taking dowry. (1) If any person, after the commencement of this Act, gives or takes or
3
abets the giving or taking of dowry, he shall be punishable 4 with imprisonment for a term which shall not be less than5 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 adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment of a term of less than6 five years.] (2) Nothing is sub section (1) shall apply to, or in relation to, -
7
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
3
Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3
4
Substituted by Act 63 of 1984, Sec 3
5
Substituted by Act 43 of 1986, Sec.3
6
Substituted by Act 43 of 1986, Sec.3 for “six months”
7
Inserted by Act 63 of 1984, Sec 3 Page | 12
nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given. Studying the various case laws we can say that(i) Section 3 does not contravene articles 14, 19, 21 and 22 of the Constitution and therefore this section is not ultra virus of the said articles; Indrawati v. Union of India, I (1991) DMC 117 (All). (ii) The offence is founded in the relationship of the property demanded as abettor with the nature of demand. It should not bear a mere connection with marriage; Madan Lal v. Amar Nath, (1984) 2 Rec Cr. 581. (iii) Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence; Muthummal v. Maruthal, 1981 Cr. LJ 833 (Mad). (iv) Where each of the accused including the husband was alleged to have demanded dowry, the Chief Judicial Magistrate refused to summon all the accused persons on the ground that unless abetment was an offence under the Act, summoning accused other than the husband would not be proper; G.S. Baroca v. Kanwaljit Singh and Ors. , 1989 Cri LJ 1272(1273): 1988 Srinagar LJ 238 (J&K). (v) Non-return of dowry items is a continuing offence and as long as the dowry items are not returned the offence continues. Section 4 deals with penalty for demanding dowry. According to it if
8
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. 8
Substituted by Act 63 of 1984, Sec.4 Page | 13
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. Studying the various case laws we can say that(i) Demand of dowry under section 4 is not a continuing offence but every demand of dowry whenever repeated constitutes another offence and the date of commission of offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry; Harbans Singh v. Smt. Gurcharan Kaur alias Sharan Kaur, 1993 Rec. Cr. R 404 (del). (ii) The deceased had, before being set on fire by her in-laws, written a letter to her father that she was being ill-treated, harassed and threatened of dire consequences for non-satisfaction of demand of dowry, thereby proving that an offence of demanding dowry under section 4 had been committed; Bhoora Singh v. State, 1993 Cri LJ. 2636 All. (iii) There had been not agreement between either parties to neither the marriage nor their relatives to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of Rs.50,000/- and 15 tolas of gold will not amount to demand of dowry but demand of valuable security and the said offence does not attract section 4 of the Dowry Prohibition Act; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal. (iv) Furnishing of a list of ornaments and other household articles at the time of settlement of marriage amounts to demand of dowry and accused
Page | 14
are liable to be convicted under section 4; Raksha Devi v. Aruna Devi, I (1991) DMC 46 (P&H). (v) Where any demand for dowry can be taken to have been made more than 4 years prior to the filing of complaint, the Magistrate could not summon the petitioners in relation to offences under Section 3 and 4 of the Act; 1981 Marri LJ 214 (217): 83 Punj LR 591 (vi)Provisions of Section 4 would be applicable in a case in which any property or valuable security was agreed to be given as consideration for marriage but the same was not actually given and thereafter demand was made for the same; 1980 BBCJ (HC) 612 (615,616) (Pat). (vii) Where the parties are Muslims, some presentations from the husband side to the wife side finalizing the marriage may itself not indicate any criminal intention punishable Sections 3 and 4 of the Act because the amount may well be equivalent to the ‘Mehar’ amount; 1990 All Cri R 377(379): 1990 All WC 659. (viii)In view of the definition of dowry under section 2, the mere demand thereof would not be an offence under section 4. It should either be given or agreed to be given at or before or after the marriage in connection with the marriage; Shankar Prasad Shaw and Ors. v. State and Anr. , 1991 Cri LJ 639 (640): (1990) 2 Cal HN 184. (ix) The demand of dowry is prohibited under law and amounts to cruelty entitling the wife to get a decree for dissolution of marriage; Shobha Rani v. Madhukar Reddi AIR 1988 SC 121 (127): (1988) 1 Hindu LR 169. (x) The offence under the Act has been made non-compoundable and the trial court cannot make a non-compoundable offence into a compoundable one. However, the High Court has wide powers under Section 482 of Cr.PC to pass any order in order to secure the ends of justice; 1991 Raj Cri C 12(13). Page | 15
(xi) Where the dowry demanded had been only partially provided and the petitioner- accused continued to make demands even subsequent to the marriage, it cannot be said that no prima facie case is made out; Lajpat Rai Sehgal
and
others
v. The State, 1983 Cri LJ 888(897): (1983) 23 Delhi LT 314. (xii) The demand of dowry made after the marriage would not be included in the definition of dowry. Therefore the acquittal of the accused of the charge under Section 4 was proper; (1993) 1 Crimes 764(767) (MP). Section 4A puts a ban on advertisement. It states that if any person-
9
a. Offers through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative, b. prints or published or circulates any advertisement referred to in clause (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees. Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months. Section 5 declares agreement for giving or taking dowry to be void. It says that any agreement for the giving or taking of dowry shall be void. Studying the various case laws we can say that(i) The consequence of giving and taking dowry in violation of Sections 3,4 and 5 of the Act is not that the transaction is invalid. The beneficial interest in the transaction is with the woman and the taker is only a trustee. He must 9
Inserted by Act 43 of 1986, sec.4 Page | 16
hold it for the benefit of the woman; Moiliakiriath Abbas v. Meeyanathu Kunhipathu and Anr. , AIR 1975 Ker 129(130). (ii) The offences under Sections 3, 4 and 5 are not continuing offences; (1992) 2 Pat LJR 560 (567)(DB). (iii) Where there was no relation of husband and wife between the parties and a divorce decree was already granted, there was no occasion of instituting a case for the offence under Sections 3 and 5 of the Act against the husband; (1991) 1 BLJ 271 (272)(Pat). (iv) Presents given before solemnization of marriage come within the purview of dowry and same is void in view of Section 5 of the Act; (1989) 2 Cur Civ Cas 304(306) (MP). As per Section 6, Dowry should be for the benefit of the wife or her heirs. It states that(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the womana. If the dowry was received before marriage, within [three months] 10 after the date of marriage, or b. If the dowry was received at the time of or after marriage, within [three months]11 after the date of its receipt, or c. If the dowry was received when the woman was a minor, within [three months]12 after she has attained the age of eighteen years. 10
Substituted by Act 63 of 1984, sec.5 for "one year"
11
Substituted by Act 63 of 1984, sec.5 for "one year"
12
Substituted by Act 63 of 1984, sec.5 for "one year" Page | 17
And pending such transfer shall hold it in trust for the benefit of the woman. (2)If any person fails to transfer any property as required by sub section (1) within the time limit specified therefore, or as required by sub section (3) he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extended to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. (3) Where the woman entitled to any property under sub section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being. Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall, (a) If she has no children, be transferred to her parents, or b. If she has children, be transferred to such children and pending such transfer, be held in trust for such children. (3A) Where a person convicted under sub section (2) for failure to transfer
13
any property as required by sub section or such section (3) has not, before his conviction under that sub section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children, the court shall, in addition to awarding punishment under that sub section, direct , by order in writing that such person shall transfer the property to such woman or, as the case may be,
her heirs, parents or
children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such court and paid to such woman or, as the case may be, her heirs, parents or children. 13
Substituted by Act 63 of 1984, sec.5 Page | 18
4. Nothing contained in this section shall effect the provisions of section 3 or section 4. Studying the various case laws we can say that(i) Since the woman had died issueless, the articles constituting dowry are to be returned to her parents and not to her husband; Rajeev v. Ram Kishan Jaiswal, 1994 Cri. LJ NOC 255 (All). (ii) The wife had died within less than three months of her marriage, therefore not leaving behind any issue and the contention of the husband that he was the heir of the dowry articles was negated and dowry articles were transferred to the parents of the wife; Prithichan v. Des Raj Bansal, II (1990) DMC 368 P & H; Manas Kumar Dutt v. Alok Dutta, II (1990) DMC 115 (Ori). (iii) Dowry items are required to be transferred to the parents and not to husband of the deceased; Pradeep Kumar v. State of Punjab, 1990 (1) CC Cases 594. (iv)The Streedhan property entrusted to the husband continues to be the wife’s Streedhan property and the husband is bound to return the same when demanded; 1991 All Cri C 560 (560). (v) Section 6 does not provide that the wife can claim back the amount given as dowry from the husband only on dissolution of marriage; 1989 All LJ 914(915): 1989 All WC 1191. Section7 states Cognizance of offences. According to it-
14
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
14
Substituted by Act 63 of 1984, sec.6 Page | 19
a. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. b. No court shall take cognizance of an offence under this Act except uponi. Its own knowledge or a police report of the facts which constitute such offence, or ii. A complaint by the person aggrieved by the offence or a parent or other relative of such person, or by nay recognized welfare institution or organization. a. It shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorized by this Act on any person convicted of an offence under this Act. Explanation - For the purpose of this sub section, "recognized welfare institution or organization" means a social welfare institution or organization recognized in this behalf by the Central or State Government. (2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any offence punishable under this Act. (3)Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.
Studying the various case laws we can say that(i) The point of time at which the legality of cognizance is to be judged is the time when cognizance is actually taken; M. L. Sethi v. R. P. Kapur, AIR 1967 SC 528. Page | 20
(ii)The expression 'to take cognizance' has not been defined in this Act nor in the Criminal Procedure Code. The word 'Cognizance' is however, used in the Code to indicate the point when the Magistrate takes judicial notice of an offence. It is a word of indefinite import and is perhaps not always used in exactly the same sense; Darshan Singh v. State of Maharashtra, AIR 1971 SC 2372. (iii) Taking cognizance is a judicial action taken with a view eventually to prosecution and preliminary to the commencement of the inquiry or trail; Food Inspector v. Laxmi Narayan, 1969 Cut LT 863. (iv)If a Magistrate has no jurisdiction to try an offence, he is not barred from taking cognizance of the offence; Jaddu v. State, AIR 1952 All 873. 15
Section 8- Offence to be cognizable for certain purpose and to be
non bailable and non-compoundable(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences(a) For the purpose of investigation of such offences, and (b) For the purpose of matter other than(i) Matters referred to in section 42 of that Code, and (ii) The arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be non-bailable and noncompoundable. COMMENTS
15
Substituted by Act 63 of 1984, sec.7 Page | 21
The original section provided that the offences under the Act be noncognizable, bailable and non-compoundable. The Amendment Act, 1984 made the offences cognizable and the provisions of Criminal Procedure Code, 1973 is made applicable subject to the exceptions spelt out under the section. Further by the Amendment Act, 1986, the offences under the Act are made non-bailable also. Section 8A states Burden of proof in certain cases(1) Where any person is prosecuted for taking or betting the taking of any dowry under Section 3, or the demanding of dowry under section 4, the burden of providing that he had not committed an offence under these sections shall be on him. Section 8B states about Dowry Prohibition Officers(1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act. (2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely: a. To see that the provisions of this Act are complied with, b. To prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry, c. To collect such evidences as may be necessary for the prosecution of persons committing offences under the Act, and d. To perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rule made under this Act. (3) The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Page | 22
Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act. (4) The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an Advisory Board consisting of not more than five social welfare workers (out of whom at least two shall be women) form the area in respect of which such Dowry Prohibition Officer exercise jurisdiction under sub section (1). Section9 highlights the power to make rules - (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purpose of this Act. (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide fora. The form and manner in which, and the person by whom, any list of presents referred to in such section (2) of section 3 shall be maintained and all other matters connected therewith, and b. The better co-ordination of policy and action with respect to the administration of this Act. Section 10 highlights power of State Government to make rules –
16
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
16
Subs. by Act 43 of 1986, sec.9 Page | 23
a. The additional functions to be performed by the Dowry Prohibition Officers under sub section (2) of Section 8B. b. Limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub section (3) of section 8B. (3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.
3. RELEVANT PROVISIONS OF INDIAN PENAL CODE, 1860 & INDIAN EVIDENCE ACT, 1872 Indian Penal Code, 1860 304B Dowry Death –
17
(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 relatives shall be deemed to have caused her death. Explanation – For the purposes of this sub section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961.
17
Inserted by Act 43 of 1986, sec.11 (w.e.f. 8-9-1986) Page | 24
(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. COMMENTS (i) After the marriage demand for valuable presents by the husband from the wife's parents and the suicide of the wife by the constant harassment does not amount to dowry death; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (ii) Section 304-B is creating a substantive offence and is not merely a provision effecting a change in the procedure for the trail of a pre-existing substantive offence. Section 304-B is prospective in nature, death taking place before section 304-B came into force; Bhoora Singh v. State, 1993 Cri. LJ 2636 All. (iii) Three essential ingredients are to be established before the offences under section 304-B can be made punishable. They are a. That there is a demand of dowry and harassment by the accused, b. That the deceased had died, c. That the death is under unnatural circumstances. Since there was demand for dowry and harassment and death within 7 years of marriage, the other things automatically follow and offence under section 304-B is proved; Vemuri Venkateshwara Rao v. State of Andhra Pradesh, 1992 Cri. LJ. 563 A.P. ; Shanti v. State of Haryana, 1 (1991) DMC 187 SC. (iv) Though the death of the deceased within 7 years of marriage tool place by burns, section 304-B was held not attracted as there was nothing to show that the deceased before her death was subjected to cruelty or harassment
Page | 25
for dowry by her husband or relative; Rameshwar v. State of Madhya Pradesh, II (1992) DMC 486 M.P. 498A- Husband or relative of husband of a woman subjecting her to
18
crueltyWhoever, being the husband or the relatives of the husband of a woman, subject 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 to meet such demand. COMMENTS (i) In the absence of any specific allegations of cruelty against the petitioners there is no offence under section 498-A. the complainant had also started living with the petitioner thereby condoning the acts of cruelty; Sukhbir Jain v. State, 1994 (1) CC cases 609 (HC) Del. (ii) The husband and in-laws subjected the wife the cruelty for bringing insufficient dowry and finally burnt her down, thereby inviting a sentence of three years rigorous imprisonment and a fine of Rs.500/- for an offence committed under section 498-A of Indian Penal Code; Bhoora Singh v. State, 1993 Cri. LJ 2636 All.
18
. Inserted by Act 46 of 1983, Sec.2 (w.e.f. 25.11.1983) Page | 26
(iii) Section 498-A contemplates the offence of subjecting a woman to cruelty by the husband or relatives of the husband. As the applicants are not relatives
of
the
husband
rather
they
are
co-villagers
consequently
summoning them for offence under section 498-A of Indian Penal Code amounts to abuse of process of court; Dukhi Ram v. State of Uttar Pradesh, 1993 Cri. LJ 2539 (All). (iv)Section 498-A of Indian Penal Code is not ultra virus of articles 14, 19, 21, 22 of constitution and do not contravene these provisions; Indrawati v. Union of India, I (1991) DMC 117 (DB) (All). (v) The newlywed daughter-in-law was abused by her mother-in-law of illluck when the daughter-in-law had an abortion, the husband assaulted her on various occasions that bridal presents brought by her were of inferior quality, thereby treating her with cruelty as defined in section 498-A of Indian Penal Code driving her to commit suicide; State of West Bengal v. Orilal Jaiswal, 1994 Cri. LJ 2104 SC.
Indian Evidence Act, 1872 113B.Presumption as to dowry death- When the question is whether a
19
person has committed by dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death. Explanation – For the purpose of this section "dowry death" shall have the same meaning as in section, 304B of the Indian Penal Code (45 of 1860). Dowry Prohibition Act, 1961 is only an act to prevent the taking or giving of dowry. The penal sanction for giving or taking of dowry is only five years and 19
Inserted by Act 43 of 1986, sec.12 (w.e.f. 8-9-1986) Page | 27
it prescribes no punishment for dowry deaths. More so dowry deaths were more or less characterized as suicide. Section 304B, which falls under the heading “Offences affecting a human body”, devises a mechanism for punishing dowry death. Under this section minimum sentence is seven years punishment which may extend to punishment for life. Dowry related deaths are also concerned with Sections 299, 300, 302, 304, 306, 307 of the Indian Penal Code. Section 304B applies not only when death is caused but also when death occurs naturally whoever might have caused it. Though there is no definition of cruelty in 304B, but it is borrowed from 498A since they have a common background. A careful reading of the S.304B leads us to conclusion that words “…..it is shown that soon before her death she was subjected to cruelty or harassment….” are of significance because the initial burden of proving that circumstances which are essential for proving an offence under S.304B did exist is on the prosecution. If this is shown or established, the question of presumption u/S. 113B of the Evidence Act would arise. Going by the conventional standard it may be harsh but looking at the problem at hand it seems an appropriate measure. Generally dowry death is committed within four walls of house where bride is in helpless situation thus the Indian Parliament was left with no alternative but in order to save hundreds of innocent girls from death and of course to punish such criminals it had to enact the provision for such presumption.
4. THE DOWRY PROHIBITION (MAINTENANCE OF LIST OF PRESENTS TO THE BRIDE AND BRIDEGROOM)
RULES, 1985
In exercise of the powers conferred by section 9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government hereby makes the following rules, namely: Page | 28
1. Short title and commencement – (1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. (2) They shall come into force on the 2nd day of October, 1985 being the date appointed for the coming into force of the Dowry Prohibition (Amendment) Act, 1984 (63 of 1984). 2. Rules in accordance with which lists of presents are to be maintained – (1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. (2) The list of presents which are given at the time of marriage to the bridegroom shall be maintained by the bridegroom. (3) Every list of presents referred to in sub rule (1) or sub rule (2): a. Shall be prepared at the time of the marriage or as soon as possible after the marriage, b. Shall be in writing, c. Shall contain,i. A brief description of each present, ii. The approximate value of the present iii. The name of the person who has given the present, and iv. Where the person giving the present is related to the bride or bridegroom, a description of such relationship. a. Shall be signed by both the bride and the bridegroom. Page | 29
Explanation 1- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature, on the list, of the person who has so read out the particulars contained in the list. Explanation 2- Where the bridegroom is unable to sign, he may affix his thumb impression in lieu of his signature after having the list read out to him and obtaining the signature, on the list of the person who has so read out the particulars contained in the list. (4) The bride or the bridegroom may, if she or he so desires obtain on either or both of the lists referred to in sub-rule (1) or sub rule 92) the signature or signatures of any other person or persons present at the time of the marriage.
5. AN ANALYSIS OF THE ACTWHETHER IT’S A BOON OR BANE? In spite of legal breakthroughs, shocking statistics on dowry deaths continued to show up in Indian newspapers. The 90's showed a steady yearly increase in bridal death tolls with many more deaths unreported. Like clockwork every 12 hours a dowry related death claimed to have taken the lives of over 20,000 women across India between 1990 and 1993. And the dowry death statistical beat goes on…live, time, emit, evil… A total of 2988 dowry death cases are pending in the High Courts, all over the country. In addition 13251 dowry death cases are pending in the subordinate courts throughout the country. The highest number of dowry Page | 30
death cases comprising 926 such cases are pending in the Rajasthan High Court followed by 842 such cases in the Punjab and Haryana High Court 436 cases in the Bombay High Court 397 cases in the Madhya Pradesh High Court 141 cases in the Himanchal Pradesh High Court 140 in the Andhra Pradesh High Court 71 in the Patna High Court and 35 in the Kerala High Court. As for the Karnataka High Court the combined figure of 2064 cases is pending both in the High Court and the subordinate judiciary of the State of Karnataka. In the case of subordinate courts the highest number of 4974 dowry death cases is pending in the State of Maharashtra followed by 2213 such cases pending in the State of Bihar, 2064 cases in the State of Karnataka, 1373 cases in the State of Andhra Pradesh, 1349 cases in the State of Madhya Pradesh, 936 cases in the State of Jharkhand, 705 cases in the State of Punjab, 152 in the State of Kerala and 85 cases in the State of Himachal Pradesh. While
no
time
limit
has
been
prescribed
by
law
for
courts
to
decide dowry death cases both the Government and the Judiciary are concerned with the pendency of such cases. Meanwhile various steps are being taken to expedite disposal of cases by the courts. These include amendment of the Code of Criminal Procedure, increase in the number of judges or judicial officers, appointment of special judicial and metropolitan magistrates and setting up of fast track courts. The anti-dowry laws in India were enacted in 1961 but both parties to the dowry—the families of the husband and wife—are criminalised. The laws themselves have done nothing to halt dowry transactions and the violence that is often associated with them. Police and the courts are notorious for turning a blind eye to cases of violence against women and dowry associated deaths. It was not until 1983 that domestic violence became punishable by law. India's statutory laws are ineffective in preventing dowry deaths and Page | 31
punishing the perpetrators for four reasons: 1. Vague Statutory Language First, the statutory language is too vague to effectively stop the practice of demanding
or
giving dowries.
It
is
actually
a
problem
of
under
inclusiveness. As originally construed by the courts, dowry included only money and property given at the wedding ceremony. Consequently, the Act did not prohibit gifts demanded after the wedding. The Act's definition of what constitutes dowry needs to be expanded to prevent families from evading the Act's proscription against dowry. Under the Dowry Prohibition Act the definition of dowry is extremely wide covering situation before, at the time and after the marriage. However, one observes that it has been the utmost failure of both the judiciary and the legislature in not giving an exact definition of Dowry. But this problem is not one of competence but of complexity of the issue. Moreover, the courts have made the words “to be agreed redundant” in L. V. Jhadav v. Shankarrao Abasaheb pawar and others20.Another major problem faced by the courts is distinction between stridhan and dowry. Stridhan is a type of property over which the woman generally has full rights of ownership. It mostly consists of items which are given to her during the time of her maidenhood, presented at the time of her marriage or after the marriage. But in the case of Prathiba Rani v. Suraj Kumar21 the SC held that whatever is given to the bride at the time of the time of marriage constitutes dowry. Though this destroys the distinction between stridhan and dowry but in the opinion of the researcher since the line between the two is extremely thin, there is no other recourse 20
AIR 1983 SC 1219 (A dowry demand was made in the name of expense of sending the bride to her husband to USA where he was working. It was threatened that the marriages will be discontinued if the money is not paid but nonetheless certain ceremonies were completed. On the breakdown of the marriage the bridegroom contended that there was never any agreement. The court however rejected this narrow interpretation). 21
AIR 1985 SC 628 Page | 32
available to the courts. 2. Non enforcement of Existing Laws Equally at fault in the continuing problem of dowry deaths is the nonenforcement of criminal laws by police and prosecutors. Although the Ministry of Home Affairs has issued specific instructions to police officers as to how to investigate dowry deaths, the police rarely follow these guidelines and frequently fail to investigate properly. Instead, police often dismiss such crimes as family disputes and report them as "kitchen accidents”; Less than ten percent of apparent dowry-related deaths are actually investigated. Even when investigations are carried out they are generally incomplete. The police fail to take photographs or fingerprints and often base their investigations primarily on statements made by relatives. Any witnesses that do exist are intimidated into silence or are reticent to get involved. If a death cannot be written off as accidental, the police take months and even years to file a charge sheet. By this time, any evidence that was available has disappeared. Moreover the police record of interview with the dying woman—often taken with her husband and relatives present—is often the sole consideration in determining whether an investigation should proceed or not. In most cases what a victim will say in a state of shock and under threat from her husband’s relatives often changes markedly in later interviews. In addition, prosecutors are often reluctant to prosecute the alleged perpetrator. Even when prosecutions do eventually make it to trial, the faulty investigations provide judges with an excuse to acquit. Police corruption is largely responsible for such slipshod investigations and prosecutorial delays. There is evidence that police are bribed by husbands and in-laws in exchange for agreeing not to make a formal investigation. It is also not uncommon for police to conspire with the accused to falsify cases Page | 33
as suicides or accidents. This falsification may even involve altering the woman's dying declaration, which is often the only evidence of any wrongdoing by the husband and in-laws. Such an alteration by the police may effectively prevent conviction. Even the judiciary contributes to the small number of dowry-related prosecutions. Dowry complaints are given such low priority that it can often take up to one year before the court even agrees to grant a hearing. Moreover, courts often suppress certain crucial evidence, such as suicide notes and dying declarations, on technical grounds. 3. Cultural Attitudes toward Women Cultural attitudes toward Indian women provide the third impediment to effective
enforcement
of
laws
prohibiting dowry and
criminalizing dowry murder. From childhood, an Indian woman is taught that she will marry the man her family chooses and that she will have to win over the family into which she marries. Once married, a woman's maternal family shuns her; she must make a place for herself in her new family. Moreover, she must serve her husband selflessly, bear everything without complaint, and never attempt to return to her maternal family. Hindu religious texts reinforce this theme, instructing women to remain devoted to their husbands no matter what their husbands do to them. Social mores dictate that a woman must never speak out against her husband, and a broken marriage is viewed as a disgrace both to the woman's family and to her own honor. Consequently, Indian women rarely seek divorces or accuse their husbands or in-laws of violence. Instead, they suffer harmful abuse in silence. Women will not complain about a husband's abuse or even a murder attempt, refusing to implicate their husbands even on their deathbeds. As a result of these cultural attitudes, parents and neighbors rarely offer to help the new bride. Even when a bride has the courage to seek help, her parents almost always refuse to allow her to return home out Page | 34
of fear of public humiliation. Thus, the bride, who has nowhere to turn for help, is placed at great risk of a dowry-related death. 4. Economic Discrimination against Women Finally, legalized economic discrimination against women impacts the efforts to halt dowry deaths by preventing women from achieving economic independence and freedom from their aggressors. Because of laws governing the ownership of both real and personal property, women have little control over land use, retention, or sale; Of the personal property laws, only Hindu family law distinguishes between ancestral and self-acquired property in the matter of inheritance. Under these inheritance laws, women are prohibited from heading households or inheriting ancestral property. Although in theory the Hindu Succession Act gives Hindu women equal inheritance, in practice, married daughters are seldom given a share in parental property. Similarly, Islamic personal law recognizes the inheritance rights of both sons and daughters, but it mandates that the daughter's share be just one half of the son's because sons are responsible for caring for their elderly parents. In addition to discrimination against women in the matter of inheritance, women are discriminated against in the area of employment. No law guarantees women equal employment opportunities. Because it prevents women from becoming economically independent, Indian law compels them to remain in abusive relationships, even if their husbands have tried to murder them. Compounding this problem are existing laws that make obtaining a divorce difficult and that fail to provide adequate support for the few women who are successful. Sunil Bajaj v. State of M.P.22 is one of those land mark cases which points out towards the drawbacks of the section 304-B in the sense of its 22
(2001) 9 SCC 417 Page | 35
misinterpretation by the lower courts and use of it as a weapon of revenge against the innocent persons. In this case Sunil Bajaj married Suman (deceased) in 1991. He was asking her wife to bring money from her parents and parents were giving money to her from time to time. In June 1995 Suman told her mother that her husband was demanding an amount of Rs. 20,000 and that he had illegal relations with some girls of doubtful character and used to bring those girls to his house. Those girls have beaten her also. That the appellant was ill-treating and harassing her. The prosecution says that all that cruelty of the appellant led her to commit suicide by burning herself on August 28, 1995. In this case the question of law before the Apex Court was that whether the conviction of appellant was in the interest of justice under section 304-B I.P.C. in the light of the facts and circumstances of the case? It was held by the Hon’ble Justice Shivraj V. Patil: It is unfortunate that the trial court did not properly and objectively consider the evidence to reach a conclusion that the appellant was guilty of the offence u.s. 304-B I.P.C. the High Court also did not appreciate the evidences as being the first court of appeal and had disposed the appeal in a summary way, confirming the order of the trial court. In the light of the above stated facts and evidences both the courts have committed a serious and manifest error in not looking that the crucial ingredient of the offence u.s. 304-B was not established that the deceased was subjected to cruelty or harassment by the appellant soon before her death in the connection of the demand of dowry. So the judgment of the High Court suffers from infirmity and illegality. So the appeal is allowed and the order and conviction passed by the High Court and the trial court is set aside and the appellant is acquitted. The
Punjab
and
Haryana
High
Court
in Balbir
Singh v. State
of
Page | 36
Punjab23 held that a wife might have chosen to end her life for reasons, which may be many, other than that of cruelty. The observation of the Punjab and Haryana High Court in Balbir Singh v. State of Punjab is very relevant regarding the misuse of these provisions: These salutary provisions cannot be allowed to be misused by the parents or relatives of psychopath wife, who may have chosen to end her life for other reasons than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications with a view to harass and blackmail an innocent spouse and his relatives, is fast emerging. It is time to stop this unhealthy trend, which results in unnecessary misery and torture to numerous affected persons. There should not be any factor of sympathy towards the family of the deceased and that of hatred towards the accused at least in the mind of the judge to part real justice, not a biased one. It has been noticed in the cases coming that even when the police got recorded a dying declaration before a Magistrate and that the injured wife did not allege any foul play, but after consulting with her parents and relatives she makes a second dying declaration and alleges many things. There is no provision in the existing law, which may act as a safeguard against these types of practices. In 1995 there was much media exposure about the Ambati family and the legal encounter with India's Dowry Act. The Ambatis, resided in the United States and were U.S. citizens of Indian origin. In the June of 1995 the Ambati groom, a young doctor, married his bride in India. The bride accompanied the groom back to the U.S. but the marriage was short lived and the bride returned to India. Months later when the Ambati family visited India to receive a prestigious award from the Raja Lakshmi Foundation, the 23
AIR 1957 SC 216 Page | 37
bride
filed
a
claim
the Ambati groom,
with
and
his
allegations family.
of dowry harassment
Indian
authorities
against
arrested
the
Ambati family the instant they revisited India. For almost 4 years the Ambatis battled the courts of India. In a recent update in The India Monitor it was announced that the Ambati family has now been acquitted of all charges. The
article
also
stated,
that,
during
the
course
of
the
trial
the Ambatis produced a tape ; in which the bride's father, demanded US $500,000 to drop all the charges;. Very soon thereafter the bride wrote to the Ministers for Home Affairs and Law Parliamentary Affairs that she was unconditionally withdrawing all charges against the Ambati family. The significance of the Ambati case (State By Bangarpet Police vs Ambati Murali Mohan Rao 1998 CriLJ 4526) and its recent legal outcome illustrates two things. One being the emergence and surfacing of dowry related
problems
entering
the
domain
of
family
law
and
matrimonial life on foreign soils, stretching far beyond India's cultural and social perimeter. More importantly it also depicts the possibility of the Dowry Prohibition Act being abused.
6. Conclusion Thought after two amendments, the Act became more stringent and the amendments and Sec. 498-A of the Indian Penal Code (IPC) were introduced presupposing that only genuinely aggrieved women would lodge complaints and that they would invariably tell the truth but the victims of false cases are increasing. It is alleged that the accused husband, his family members and even remote relatives are arrested without proper investigation. The Act is used by wife and her relatives as a means to monger money from the Page | 38
husband and in-laws. Sometimes when such false complaints are made, some people, unable to bear such false accusations, go to the extent of committing suicide. To check the misuse of the Act, Sec8-B was introduced which deals with appointment of dowry prohibition officers by State government. In spite of all these measures the number of dowry deaths is increasing. So the possible ways to deal with this ever increasing problem are to bring changes in the relevant laws related to succession in India, change in the demographics and sex ratio, improvement in education of women and also the changing face of the family where men are helping in household chores and women are helping with the financials of the family.
7. Bibliography • JUSTICE P.S. NARAYANA, Laws Relating to Dowry Prohibition (2005) • ANUPPA CALEEKAL, Dowry Death • DOWRY LAW IN INDIA from Wikipedia • AMANDA HITCHCOCK, Rising number of dowry deaths in India available at wsws.org (2001) • Misuse of anti-dowry law increasing in India available at goodcritic.sulekha.com • S. Sambandham, Dowry Prohibition Act — a boon or bane?, THE HINDU, December 14, 2004 • SUDHIR SHAH & ASSOCIATES, Dowry & The Law • Truth about dowry law and its misuses available at Mynation.net, India Page | 39
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