“A young man, who makes dowry a condition to marriage, discredits his education and his country and dishonours womanhood” ~ M.K.Gandhi
INTRODUCTION
Dowry demands, is a stigma still borne by our society in the 21st century, despite the advancement in science and technology, legal system and social changes. Notwithstanding, the fact that today in our country, more and more women are literate, joining work force, financially independent and capable of self-sustenance, are still succumbing to the ills of the dowry system. Though the transition in society is a natural process, where customs and rituals that no longer serve a purpose in the current socio-cultural milieu are modified or discontinued, but the dowry system continues to flourish unabated, day-by-day in an uglier, abhorrent and obnoxious manner.
Earlier, there was no specific provision in the Indian Penal Code, 1860 (herein referred as IPC) or any other statute which defined dowry or punished the husband or in-laws of the woman who was tormented for dowry. However, gradually, various provisions were introduced such as, section 498A and section 304B of IPC, Dowry Prohibition Act, 1961, section 113B of Indian Evidence Act, 1872, and the Law Commission Report of 1983.
LEGAL PROVISION
LAW COMMISSION REPORT, 1983:
The 91st Report on Dowry Deaths and Law Reform: Amending the Hindu Marriage Act, 1955, Indian Penal Code, 1860 and Indian Evidence Act, 1872 came into effect on 10th of August, 1983.
This report provided with certain circumstances that if fulfilled will be considered as death by demanding dowry. These situations were:
i. There is a death of a women caused by any burns or bodily injury or occurs otherwise than under normal circumstances,
ii. The death of the woman has taken place within seven years of her marriage,
iii. Soon before her death, the woman was subjected to cruelty or harassment by her husband or any relative of her husband,
iv. Such cruelty or harassment has been for, or in connection with, any demand for dowry.
INDIAN PENAL CODE, 1860:
Section 304B:
With the Law Commission Report of 1983 passed a new law in 1986 relating to the offence of dowry death by introducing section 304B in IPC. Such deaths were made punishable with imprisonment for not less than a term of seven years but which may extend to imprisonment of life.
In other words, a new category of crime was included in IPC by an amendment named dowry murder or dowry death covered by Section 304B. This section states that if the death of a woman is caused by burns or bodily injury, or occurs under abnormal circumstances, within seven years of her marriage and it is shown that just prior to death she was subject to cruelty by her husband or his relatives, in connection with demand for dowry, such a death would be called dowry death and the husband or relative would be deemed to have caused her death. The person held guilty of a “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.
Section 498A:
The Criminal Amendment Act, 1983, created a new offence, that is, cruelty by husband or relatives of husband under section 498A of IPC. The main objective of the section provides grave instances of dowry demand and made the offences punishable with imprisonment which may extend to 3 years.
According to this section, cruelty, specifying both physical and mental harassment, was made a non-bailable offence, punishable by three years in jail and a fine or both
INDIAN EVIDENCE ACT, 1872:
Section 113A
The Indian Evidence Act was also amended which inserted Section 113A that helped with proving abetment to suicide. By inserting this new section in the Indian Evidence Act, it was considered that in cases which get registered by the police as those of dowry death, the court shall presume that the accused is guilty unless he can prove otherwise.
DOWRY PROHIBITION ACT, 1961:
Dowry Prohibition Act, 1961, changed many provisions. They were as follows:
1. Dowry was defined as ‘any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before [or any other time after the marriage] in connection with the marriage of the said parties.”
2. As per this law dowry is forbidden but gifts are allowed.
3. The anti-dowry law cannot be invoked against the giving of presents at the time of marriage to the bride when no demand has been made and such presents are entered in a list maintained in accordance with the rules made under the anti-dowry Act.
4. Presents given to the groom are also exempted, provided no demand has been made and they are entered in a list.
5. The gifts to the bridegrooms are legal provided that such presents are of a customary nature and the value thereof is not excessive “in relation to the financial status of the person by whom, or on whose behalf, such presents are given.”
REASONS FOR DOWRY LAWS TO FAIL:
Dowry demands and dowry deaths are continuing unabated in our country despite laws being made more stringent. Some of the apparent deficiencies in the law itself are enumerated here:
1. The statutory language is vague and does not clearly define what actually constitutes dowry. There is essentially a problem of under inclusiveness. The Act included money and property as dowry at the time of marriage but did not prohibit the gifts demanded after the wedding. The definition needs to be better framed to prevent the families evading the Act’s proscription against dowry. Additionally, it is not specified what constitute as gifts and the worth of that gift. When does the gift cease being a gift and becomes dowry. Also there is no ceiling amount stipulated as expenditure on gifts in a marriage.
2. The lack of implementation of laws is an equally important deterrent in making the law effective. The police often do not lodge an FIR, dismiss the death as “kitchen accident”, may take bribes and not register the case, do a shoddy investigation and so on. In sum and substance the guidelines are not followed, so much so that only ten percent of the cases are finally registered. The case may come to the court but the poor evidence collected does not lead to conviction.
3. Another strong impediment is the cultural mores. From childhood, the woman is taught that her ultimate goal is marriage and keeping her husband and his family happy. Even when she is ill-treated she remains silent for the fear of bringing disgrace to her family and herself. Even at death bed often women do not give evidence against her husband which makes her family and neighbours apprehensive to help her. More so, once married the family of origin may dismiss the situation as the woman’s fate and refuse to take her back that makes the woman more vulnerable to dowry harassment.
4. Another reason why women continue in abusive marriages and do not report cruelty is because they are economically dependent. The right to property in Hindu Succession Act makes a woman an equal inheritor but this is seldom seen in practice. In Islamic Personal Law the woman inherits half of what her brother’s share is as the son is supposed to look after the aged parents. Secondly, no law protects women in terms of pay parity. For same post the woman gets less salary as compared to men. These inherent problems lead to under-reporting of dowry harassment and subsequent dowry deaths.
5. A significant reason for failure of the law is that an infringement of the Act is not made into a cognizable offence. The rationale used is that innocent persons would be harassed by the police and there would be an invasion in the privacy of a person.
CONCLUSION:
Demanding dowry is a common practice that is being followed in India since time immemorial. Legislature came up with many laws and legal provisions to provide physical and mental protection to married women from their respective husbands and in-laws. To a large extent they have been successful in bringing significant changes but a lot also depends on the mindset of the people in the society.
Statutes can only be effective when there is proper implementation of it and not just by the law makers but also by the people for whom the law is enacted. Therefore, to improve the situation in the society it is quite important for women to be educated, independent in all respects and to be well aware about the legal provisions for their protection and benefit.
RECOMMENDATION:
The prevalence of dowry giving and receiving continues unabated in our country. Dowry deaths continue to be as high as ever. The laws related to dowry death do not appear to be effective.
Thus, for the laws to be efficient enough it is necessary for women to be encouraged to be economically independent.
Furthermore, the Law enforcement needs to be more stringent. Police investigation needs to be prompt and impartial. Also, strong action should be taken against police personnel for sloppy and indifferent investigation.
Moreover, dowry death cases should be put in fast track courts so that the disposal of cases is faster and the guilty are punished. This will set an example on others, that anyone demanding dowry shall be convicted.