DOWRY & DOWRY DEATH

DISSERTATION SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT

FOR THE AWARD THE DEGREE OF B.A.LL.B (H) AT AMITY LAW SCHOOL, AMITY
UNIVERSITY, UTTAR PRADESH
(LUCKNOW CAMPUS)

TOPIC

DOWRY & DOWRY DEATH

AMITY LAW SCHOOL

FACULTY OF LAW

Under The Guidance of:- Submitted by:-

AJAY SINGH NEHA SINGH

AMITY LAW SCHOOL, LUCKNOW ENROLLMENT NO- A8111112038

AMITY UNIVERSITY, UTTAR PRADESH 9TH SEMESTER, B.A.LL.B (H)

BATCH- 2012-17

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DECLARATION

DOWRY & DOWRY DEATH

I Neha Singh Enrolment No. A8111112038 understand what plagiarism is and I am aware of the
Universitys policy in this regard.

I declare that

(a) The work submitted by me in partial fulfilment of the requirement for the award of
degree of B.A. LL.B (Hons.) Assessment in this dissertation is my own; it has not
previously been presented for another assessment.
(b) I declare that this dissertation is my original work. Wherever work from other source has
been used, all debts (for words, data, arguments and ideas) have been appropriately
acknowledged and referenced in accordance with the requirements of NTCC regulations
and Guidelines.
(c) I have not used work previously produced by another student or any other person to
submit it as my own.
(d) I have not permitted, and will not permit, anybody to copy my work with the purpose of
passing it off as his or her own work.
(e) The work conforms to the guidelines for layout, content and style as set out in the
Regulations and Guidelines.

Date:

Neha Singh
A8111112038
B.A. LL.B. (Hons.)

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CERTIFICATE

I hereby certify that

a) Neha Singh, Enrolment No. A8111112038 Student of B.A. LL.B. (Hons.) 2012-17 at
Amity Law School, Amity University Uttar Pradesh has completed the Project Report
on Dowry & Dowry Death, during 9th Semester under my supervision.

b) The presented work embodies original research work carried out by the student as per
the guidelines given in University Regulations.

c) The Research and writing embodied in the thesis are those of the candidate except
where due reference is made in the text.

d) I am satisfied that the above candidates prima facie, is worthy of examination both in
terms of its content and its technical presentations relative to the standards recognized
by the university as appropriate for examination.

e) I certify that in accordance with NTCC guidelines, the report does not exceed the
prescribed maximum word limit; or Prior approval has been sought to go beyond the
word limit.

f) Wherever work form other source has been used, all debts (for words, data, arguments
and ideas) have been appropriately acknowledge and referenced in accordance with the
requirements of NTCC Regulations and Guideline.

Mr. ____________

Lecturer

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ACKNOWLEDGEMENTS

This dissertation is the outcome of the study by the Author. Any material used from different
sources has been thoroughly acknowledged. After the successful completion of my work I would
like to thank number of people.

I would like to give my heartfelt gratitude to Mr. _______________ who undertook the
role of supervisor, mentor, and guide for the successful preparation of this dissertation. This work
is an outcome of an unparallel infrastructural support that I have received from staff and
employees of Amity Law School. It would never have been possible to complete this study
without an untiring support from my family.

This study bears testimony to the active encouragement and guidance of a host of friends
and well-wishers.

Neha singh

A8111112038

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LIST OF ABBREVIATIONS

ILO : International Labor Organization

CRC : Convention on the Rights of the Child.

IPEC : International Programme on the Elimination of Child Labour

GAP : Global Access Project

NGO : Non-governmental organization

BBC : British Broadcasting Corporation

CACL : Canadian Association for Community Living

RIDE : Research Issues in Data Engineering

UNICEF : United Nations International Children's Emergency Fund

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TABLE OF CONTENTS

I. INTRODUCTION

II. DOWRY

BI. CLASSIFICATION OF OFFENCE

i. COMMENTS

ii. APPLICABILITY

iii. BURDEN OF PROOF

iv. DOWRY

IV. SECTION 304B AND SECTION 498 A DISTINCTIONS

i. SCOPE

ii. UNNATURAL DEATH

V. DOWRY DEATH

VI. WHY DO DOWRY DEATH OCCURS

VII. DEMAND FOR DOWRY AND ILL TREATMENT

i. DEMAND OF MONEY

ii. DRUNKNESS

iii. OBJECT

VIII. SECTION 498 A VIS VIS- SECTION 113 OF EVIDENCE ACT

i. unhappiness between husband and wife

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ii. wilful conduct

IX. ESSENTIAL INGREDIENTS

i. expression soon before her death

ii. presumption applicability

X. DOWRY AND THE LAW

XI. ANTI DOWRY LAWS

XII. CRUELTY OF WOMAN BY HUSBAND OR RELATIVES

XII. PRESUMPTION AS TO ABETMENT OF SUICIDE BY A

MARRIED WOMAN

i. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN

SUBJECTING HER TO CRUELTY

ii. EXPLANATION

iii. CLASSIFICATION OF OFFENCE

iv. COMMENT

XIII. DISTINCTION BETWEEN 113A AND 113B

XIV. DISAPPEARANCE OF EVIDENCE

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TABLE OF CONTENTS

I. INTRODUCTION

II. DOWRY

BJ.CLASSIFICATION OF OFFENCE

i. COMMENTS

ii. APPLICABILITY

iii. BURDEN OF PROOF

iv. DOWRY

IV. SECTION 304B AND SECTION 498 A DISTINCTIONS

iii. SCOPE

iv. UNNATURAL DEATH

V. DOWRY DEATH

VI. WHY DO DOWRY DEATH OCCURS

VII. DEMAND FOR DOWRY AND ILL TREATMENT

iv. DEMAND OF MONEY

v. DRUNKNESS

vi. OBJECT

VIII. SECTION 498 A VIS VIS- SECTION 113 OF EVIDENCE ACT

ii. Unhappiness between husband and wife

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iii. Wilful conduct

IX. ESSENTIAL INGREDIENTS

iii. expression soon before her death

iv. presumption applicability

X. DOWRY AND THE LAW

XI. ANTI DOWRY LAWS

XII. CRUELTY OF WOMAN BY HUSBAND OR RELATIVES

XII. PRESUMPTION AS TO ABETMENT OF SUICIDE BY A MARRIED WOMAN

v. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING HER TO

CRUELTY

vi. EXPLANATION

vii. CLASSIFICATION OF OFFENCE

viii. COMMENT

XIII. DISTINCTION BETWEEN 113A AND 113B

XIV. DISAPPEARANCE OF EVIDENCE

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INTRODUCTION

The Indian society lacks homogeneity, as there exist differences of religion, language, culture
etc. There are sections of people who are comparatively weaker than others-economically,
socially and culturally and their lot can be ameliorated only when the state makes a special effort
to that end. Mutual suspicion and distrust exists between various religious and linguistic groups
in the society.1

The Indian Constitution is dominantly egalitarian and equalitarian. It is egalitarian because it

believes in the equality of all men. In other words, it provides for an egalitarian socio-political
system in which there will be no discrimination on the grounds of race, religion, sex, caste or
place of birth. It is equalitarian because its provisions can be used to maintain equality and to
prevent discrimination and also to bring about equality where inequality or discrimination exists.
Certain sections of the Indian society including the Indian women have been the victims of social
injustices since centuries. With a view to all aviating the lots of such socially handicapped
sections of the society, the framers of the Constitution have laid down specific constitutional
guarantees.

The constitution of India guarantees the equality of sexes and in fact grants special favours to
women. These can be found in the three articles of the Constitution. Article 14 says that the
government shall not deny to any person equality before law or the equal protection of law.
Article 15 declares that the government shall not discriminate against any citizen on the ground
of sex. Article 15(3) makes a special provision enabling the state to make affirmative
discriminations in favour of women. Moreover, the government can pass special laws in favour
of women. Article 16 guarantees that no citizen shall be discriminated against in the matters of
public employment on the grounds of sex. Article 42 directs the State to make provision for
ensuring just and humane conditions of work and maternity relief. Above all, The Constitution
imposes a fundamental duty on every citizen through Article 51 (A) (e) to renounce the practices
derogatory to the dignity of women.

All these are the Fundamental rights. Therefore, a woman can go to the Court if she is subjected
to any discrimination.

1 Reader, Department of Laws, Panjab University, Chandigarh-160 014.

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Prior to the passing of the modern Hindu laws, child marriages were the norms, inter-caste
marriages were banned, the girl became the part of the husbands family, and polygamy was
common. In the 19th century, the British rulers passed several laws to protect customs and
traditions while abolishing detestable practices like Sati. Some such revolutionary laws were
Hindu Widows Remarriage Act 1865 and the BrahmoSamaj Marriage Act 1872, the forerunner
of the present Special Marriage Act.

The Dowry Prohibition Act of 1961 says that any person who gives, takes, or abets the giving or
taking of dowry shall be punished with imprisonment, which may extend to six months or with
fine up to Rs. 5,000 or with both. Dowry that started off as a practice to give away presents to the
departing daughter, usually some resources to begin her new married life, slowly assumed
extraordinary proportions and turned into a social evil. Brides were expected to bring gifts
regardless of their personal willingness. The brides family could no longer have an individual
say; lists were prepared and sent to the girls house before the final agreement between the two
families. The condition being that the boy would marry only if the demands were met. Such a
custom is being practiced not only in India but also in other countries like Bangladesh and Nepal.
The reason behind the custom is poor economical condition of the people along with a lack of
education; unawareness of legal rights and general bias against the women.

Crimes like rape, kidnapping, eve teasing and indecent exposure can be grouped as crimes
against women. Rape is the worst crime against women after Murder and the maximum
punishment under the Indian Penal Code (IPC) is life imprisonment. The abortion or miscarriage
due to natural causes is not an offence. Therefore, the law does not deal with it. However, violent
and forceful abortion is a crime. Sections 312 and 316 of the Indian Penal Code deal with
abortion as crime. Section 313 deals with abortion without the consent of the woman. The
punishment could even be life imprisonment.

WOMEN AND THE LAW

The condition of women in law, full of disabilities and disqualifications the world over is
described in vivid terms in the legal history and also in the encyclopedias. Under the old

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Christian law, she was not considered as a person. Thus she had no rights to join a college. She
could not be enrolled as a medical practitioner or a lawyer for the same reason. Until the
twentieth century she had no right to vote in the Christian countries. In some Muslim countries,
she still has no right to vote. In the ancient law of Christian countries, she labored under various
disabilities. Their participation in the civic life, in the work force, in industries, in education and
administration was minimal; and in Muslim countries insignificant.2

In ancient India alone throughout the ancient civilizations, they occupied the proud place of
equal partners. There is a reference regarding more than twenty women rishis (religious leaders),
who have composed the hymns of Rigved. In ancient Bharat, they were elected representatives
and took part in debates and shashtratha(learned discourse). There is reference to their taking
part in sports and training in martial arts. This appears to have been lost in the struggle of a
thousand years or so against foreign invasions.3

The position of women in India has not been very sound in the preceding few hundred years.
During British rule, certain attempts were made to improve the lot of women. For this purpose
certain laws were enacted. These include the Hindu widows Remarriage Act, 1856 (repealed in
1983) the Child Marriage Restraint act, 1929, and the Hindu Womens Right to Property Act,
1937 (repealed in 1956 and replaced by the Hindu succession Act).4

Since Independence, All India womens Conference became interested in constructive work. Its
activities since Independence led to the various Constitutional measures, different states
legislations, Judicial decisions, the democratic policy, the awakening on the part of certain
sections of women, the influence of the feminist movements in the west, all these have helped to
initiate the womens liberation in India. Some significant ones are: Act of Womens Legal Rights,
1952; The suppression of Immoral Traffic in women and Children Act, 1954; The Special
Marriage Act, 1954; The Hindu Marriage and Divorce Act, 1956; Intestate Succession Act,

2 VKS Chaudhary (2002), The Ivory Tower 51 Years of the Supreme Court of India, Delhi, Universal
Law Publishing Co. Pvt. Ltd., p.267.

3 Ibid.

4 K.C. Joshi (1996), Law and Women: Problems and Prospects. In : R.K. Raizada (Ed.), Women and
the Law: Problems and Prospects, Rohtak: The Bright Law House, p.12.

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1956; The Orphanages and Widow Home Act; and the Dowry Prohibition Act, 1961, The
domestic violence Act, to cite a few.5 But we have miles to go before we can claim that there is
gender justice in India. Despite all these efforts to promote the welfare of women, one has to
admit that even now women in India are not treated with dignity. They are neither allowed, nor
encouraged to enjoy their basic rights, and they are not accepted by men as equal to them. The
pity is that women themselves have not realized that they are equal to men.

India is the largest functioning democracy in the world. It is axiomatic to say that the true spirit
of democracy cannot be achieved unless there is equality between all sections of the people.
Viewed from the perspective that women constitute over 49 percent of the Indian population and
50 percent of the world population, it becomes even more apparent that humanity cannot
progress unless equal rights are not only conferred but also implemented in a manner which
makes the constitutional guarantee of equality before the law and equal protection of the laws a
living reality.

The struggle of the Indian women can thus be characterized as a fight for humanism. It is a fight
against poverty, ignorance, inequality and all other factors which negate the forces of progress
and an assertion of all healthy and positive norms and attitudes which spell out advancement,
equality, progress and freedom from any kind of social bondage.6

WOMEN AND THE INDIAN CONSTITUTION

The constitution of India per se does not make specific provisions on womens rights. In fact the
word women has been scarcely used in the Constitution. The Preamble of the constitution
accepted sex-equality in principle. It guarantees to all citizens, irrespective of sex, justice,
social, economic and political; liberty of thought, expression, belief, faith and worship; equality
of status and opportunity.7
5Anjani Kant (1997), Women and the Law, New Delhi, A.P.H. Publishing Corporation, p.77.

6Raj Kumar (2000), p.6.

7 P. Thomas (1964), Indian Women through the ages, Bombay: Asia Publishing House, p.363.

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Equality before the law and equal protection of laws is guaranteed under Article 14. Non
discrimination on the ground of religion, race, caste, sex or place of birth is guaranteed under
Article 15(1). Although Article 15(1) enjoins non-discrimination on the ground of sex, Article
15(3) provides that this shall not prevent the State from making any special provision for women
and children. So that, while there can be no discrimination against women on the basis of sex in
view of Article 15(1), special legislations in favour of women is permissible. Article 15(3) has
been so interpreted as permitting discrimination in favour of women but not against women.
Every special law for women necessarily carries with it discrimination in favour of women or
sex-based discrimination. This kind of discrimination alone is permissible- presumably as a
means of strengthening the weak position of women in the social, legal and political spheres and
to be looked at not as an exception to equality, but as a promoter of equality. In this sense Article
15(3) can be considered as the charter for affirmative action in favour of women.8

The perception is strengthened by the Directive Principles of State Policy. Article 39 enjoins the
State to direct its policy towards securing that men and women equally have the right to an
adequate means of livelihood, that there is equal pay for equal work for both men and women,
and that health and strength of working men and women and the tender age of the children are
not abused and the citizens are not forced by the economic necessities to enter into vocations
unsuited to their age or strength. Article 42 directs the State to make provision for securing just
and humane conditions of work and to provide for securing just and humane conditions of work
and to provide for maternity relief. The Constitution also casts a duty upon the citizens of this
country to denounce practices derogatory to the dignity of women (Article 51A (e)).

The Directive Principles as well as Article 15(3) have focused on the vulnerability of children
and women in our society and have recognized that those who are in unequal socio-economic
and political positions cannot be treated as equals. In this sense, even Article 15(3), though
drafted as an exception, flows from Articles 14 and 15(1) because Article 14 which enjoins
equality before the law and equal treatment under the laws can be applied fairly, only on the
basis that the laws operate alike on persons who are similarly situated in the context of the law in
question. All persons similarly circumstanced can be treated alike both regarding privileges

8Sujata V. Manohar (2001), Gender Discrimination and the Indian Constitution, In: VenkatIyer (Ed.)
Constitutional Perspectives: Essays in Honour and Memory of H.M. Seervai, Dlhi, Universal Law
Publishing Co. Pvt. Ltd., p.107.

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conferred and liabilities imposed, but not those who are dissimilar in material respect in the
context of the law. That is why the principle of classification has been read into Article 14.9

DOWRY DEATH

Dowry deaths are deaths of young women who are murdered or driven to suicide by continuous
harassment and torture by husbands and in-laws in an effort to extort an increased dowry.

Death of young married women within the family had long been treated as accidental and
recorded as suicides. The womens movement drew the link between demands for dowry and
the deaths. They demanded re-categorizations of such deaths as murder and not suicide.

The first campaign of the contemporary feminist movement was against dowry. Dowry is the
sum of all the money as well as other items such as jewellery, car, furniture, and house, etc.,
given by the brides family to the groom and his family. It was in Hyderabad in 1975 that the
Progressive Organization of Women organized formal protests against dowry.

These protests were not allowed to grow into full-fledged campaigns because of the imposition
of the Emergency in 1975. After the Emergency was lifted in 1977, a new movement against
dowry started in Delhi. This movement focused upon the violence inflicted upon women for
dowry, including bride burning and abetment to suicide.

Delhi has remained the place for sustained agitation against dowry and related issues. This may
be because Delhi has witnessed a high number of dowry deaths and dowry harassment cases.
There have been protests and movements against dowry demand and dowry deaths in many
states across India.

The MahilaDakshataSamiti was the first womens organization in Delhis contemporary feminist
movement to take up the issue of dowry harassment and dowry deaths. In June 1979, another
womens organization, StriSangharsh drew public attention to the problem of dowry and dowry-
related crimes by organizing a demonstration against the death of TarvinderKaur, who had given

9 See, CharanjitChowdhary v. Union of India AIR 1951 SC 41; State of Bombay v. F.N. Balsara, AIR
1951 SC 318.

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a dying statement blaming her in-laws for killing her, as her parents could not fulfill their ever-
increasing demands for dowry.

This demonstration gained wide, publicity, and resulted, in a number of demonstrations against
dowry deaths, including a large demonstration led by the NariRakshaSamiti (Womens Rescue
Committee). These demonstrations sparked off public debates on dowry and dowry-related
crimes.

Death of women by fire (doused in kerosene and set on fire) was termed suicide, and many of
these cases were not reported. Even suicides were not considered to be the result of harassment
for dowry. These deaths were neither investigated nor categorized by the authorities.

They were considered to be private family affairs, and authorities did not interfere in such family
matters. But as a result of the demonstrations and agitations in Delhi and other parts of the
country, this problem was brought to the attention of the authorities as well as the public. This
made the public realize that many official female suicides were, in fact, deaths due to dowry
harassments.

There was an increase in the number of complaints with the police against dowry harassment.
Feminist organizations tried to help by recording the dying declaration of women, testimonies of
family members, and encouraged friends and neighbors to come forward with their testimonies
and evidence.

Feminist groups devised strategies to increase public awareness regarding the problem of dowry,
dowry harassment, and dowry deaths. This included organizing debates, public demonstrations
and enacting street plays. Manushi, a Delhi-based feminist magazine, organized a number of
public meetings. People, both women and men, were encouraged to make a pledge that they
would neither take nor give dowry.

The government passed a law against dowry and related crimes in 1980. This law
declared/treated abetment to suicide arising from of dowry demands as a special crime. It made a
police investigation into the death of any woman within five years of marriage mandatory.

However, though the law recognized that dowry harassment could be construed as abetment, it
did not specify the kinds of evidence that could be used to prove harassment, nor did it make
abetment a cognizable (liable to be judicially examined or tried) offence. In 1982, the first
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positive judgment of this law took place. A Delhi Sessions Court magistrate found two people
guilty of dowry murder and sentenced them to death. In 1983, the Delhi High Court reversed this
judgment.

There were widespread protests and demonstrations against this judgment. In 1985, the Supreme
Court upheld the verdict, but converted the verdict from death sentence to life imprisonment. In
the same year, the Criminal Law (Second Amendment) Act was passed. This made cruelty to a
wife a cognizable, non-bailable offence, punishable by up to three years imprisonment and fine.

The Act also redefined cruelty to include mental as well as physical harassment. Section 113-A
of the Evidence Act was also amended to enable the court to draw an inference of abetment to
suicide. Technically, this shifted the burden of proof and thus lessened the burden upon the
complainant. The Act also amended Section 174 of the Criminal Procedure Code, which makes a
postmortem of the body of a woman who dies within seven years of marriage compulsory.

In spite of these laws being passed, it has been difficult to secure convictions for dowry deaths.
Heresay evidence is not enough to be accepted as evidence for conviction. Women themselves
hesitate to bring charges against their husbands and in-laws. Moreover, postmortem reports need
not necessarily show evidence of murder.

It is difficult to prove that kerosene burns are the result of intention to murder. Moreover, there
are still many loopholes in the laws regarding dowry, and most culprits manage to get away
without detection. Feminists discovered that though they could muster massive public support
for campaigns against certain crimes against women, it was very difficult to get the support of
the legal system for their efforts.

DOWRY DEATH: A VIOLATION OF THE RIGHT TO LIFE UNDER ARTICLE SIX OF

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

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"There can be no issue of more pressing concern to international law than to protect the life of
every human being . . . . If international law is unable to fulfil this basic task then for what does
it exist?"10

I- INTRODUCTION

Every day in India fifteen women are murdered by their new husbands and/or in-laws for failing
to bring a sufficient dowry to the marriage.11 Although India has many positive laws in place to
prohibit and punish these "dowry deaths," or "bride-burnings," 12 they continue to occur in
increasing numbers because of vague statutory language, faulty enforcement, cultural attitudes,
and economic discrimination against women.

By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on
Civil and Political Rights (ICCPR),13 violates the "right to life" as expressed in Article 6(1) and
protected by Article 2.

Part II of this Comment describes the phenomenon of dowry death generally and explains the
origins of dowry and its relatively recent transformation into a means of extortion by the groom
and his family. In addition, this Part examines the laws enacted by India in response to the

10 B.G. Ramcharan, The Concept and Dimensions of the Right to Life, in THE RIGHT TO LIFE IN
INTERNATIONAL LAW 1, 2 (B.G. Ramcharan ed., 1985).

11Reena Shah, India's Invisible War Against Women, ST. PETERSBURG TIMES, Mar. 13, 1992, at 10A.
The author reports that nearly 16,000 women had been killed in dowry disputes from 1989 to 1991, about
15 a day. It is notable that more women die each year in dowry disputes than people are killed in the Sikh
secessionist conflict with the government of the Punjab province, which kills about 5,000 people each
year. Id.

12Reena Shah, India's Invisible War Against Women, ST. PETERSBURG TIMES, Mar. 13, 1992, at 10A.
The author reports that nearly 16,000 women had been killed in dowry disputes from 1989 to 1991, about
15 a day. It is notable that more women die each year in dowry disputes than people are killed in the Sikh
secessionist conflict with the government of the Punjab province, which kills about 5,000 people each
year. Id.

13International Covenant on Civil and Political Rights, G.A. Res 2200, 21 U.N. GAOR Supp. No. 16, at
62, UN Doc.A/6316 (1966) [hereinafter ICCPR].

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growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve
the problem of dowry deaths.

Part III explains that the practice of dowry death not only violates India's existing domestic laws,
but also violates international human rights law as embodied in the ICCPR. This Part briefly
describes the ICCPR and examines India's obligations under the covenant with respect to the
right to life. Part III takes the position that the practice of dowry death violates the ICCPR
provisions protecting the right to life.

Part IV concludes that India violates its Article 2 obligations with respect to the right to life and
suggests some measures that India should pursue to meet its obligations under the ICCPR. This
Part also addresses the obligations of the international community, particularly the other states
party to the ICCPR, to exert pressure on India to fulfill its obligations to protect the right to life
and prevent dowry deaths.

II. DOWRY DEATHS: THE PROBLEM, ITS RESPONSES, AND THE FAILURE OF
EXISTING LEGAL RESPONSES

India's practice of arranged marriages, which involves the giving and receiving of dowry, is at
the root of dowry deaths. Section A of this Part explains the concept of dowry and its importance
in Indian culture. Section B describes the phenomenon of dowry deaths and attempts to discern
its causes. Section C examines India's positive laws regarding dowry and dowry deaths. Finally,
Section D addresses the failure of India's positive laws to prevent dowry deaths.

A. Dowry Defined

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At one time, dowry was a means for parents to endow a daughter with material goods because
she could not inherit property. Traditionally, dowry consisted of gifts, usually jewellery, 14 given
to the bride at the time of her marriage. 15 The dowry provided the new bride with financial
security in her marriage into a new family.16

Today, dowry is negotiated and refers to the wealth that the bride's parents must pay the groom
and his family as part of the marriage arrangement. 17 The groom and his family demand dowry
not only in the form of money, but also in the more modern forms of televisions, video cassette
recorders, refrigerators, motorcycles, and automobiles.18 The amount demanded is often
exorbitant; a family may be required to raise a dowry many times the annual earnings of the

14 Hundreds of Dowry Deaths Reported in India, UPI, Dec. 16, 1992, available in LEXIS, Nexis
Library, UPI File [hereinafter Hundreds of Dowry Deaths]; MITTER, supra note 5, at 110 (noting that
gifts to the bride traditionally consisted of jewelry, silks, and gold).

15 Lori Heise, The Global War Against Women, WASH. POST, Apr. 9, 1989, at B1.

16See generally Clifford J. Levy, India's Dowry Obligations Cause Fiery Deaths, UPI, July 31,
1988, available in LEXIS, Nexis Library, UPI File; MITTER, supra note 5, at 110-12. Mitter notes that
dowry was traditionally stridhan, the exclusive property of the bride. The jewelry was hers to wear or
place in safe deposit in her own name and was given to the bride as compensation because she could not
inherit land. Legally, it reverted to her in the event of divorce, annulment, or her husband's death

17Crossette, supra note 5; Heise, supra note 7. As women increasingly lost status during the era of
Moslem rule and the marrying age of girls dropped to ten and even lower because of nuptial competition,
dowries gradually began to increase in value from gifts of jewelry and other finery to large cash payments
arrived at through intricate negotiations. Claiborne,supra note 5.

18 BUMILLER, supra note 3, at 47; India's Hidden Tragedy,.BOSTON GLOBE, Aug. 4, 1991, at A26
[hereinafter Hidden Tragedy]. One commentator attributes increasing dowry demands to the impact of
Western culture in India. Crossette, supra note 5. Another commentator, however, finds it too simplistic to
attribute the spread of dowry to increasing greed, arguing instead that it is more accurately viewed as
evidence of the growing devaluation of women's lives and that the murders should be characterized, not
as dowry deaths, but as femicide. RenuKakkar, India: "Dowry Dearth" Victims Get No Justice, INTER
PRESS SERV., Aug. 6, 1990, available in LEXIS, Nexis Library, INPRES File; S82 also U.S. Style"
DEPT. OF STATE, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1991 1388, 1403
(1992) [hereinafter COUNTRY REPORTS 1991] (reporting that "[t]he claim that `dowry deaths' (usually
by burning) of young married women result from their inability to meet property demands by their
husband's (sic] families has been challenged by women's rights groups who contend that insufficient
dowry is often used as an excuse for societally condoned violence against married women").

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household to marry off a daughter.19 Furthermore, such demands continue for months or even
years after the wedding, as the husband and his family extort more money from the bride's
family.20 Increasingly, dowry has degenerated into merely a means for the groom and his family
to increase their material wealth and raise their standard of living.21

In addition to being a real financial burden to the parents of the bride, demands for more dowry
that cannot be met often result in severe abuse and harassment of the young bride, frequently
culminating in her murder or suicide.22 It is common for the groom and/or his mother to murder
the new bride in the first year of an arranged marriage because they consider her dowry
insufficient. It is also common for the bride to kill herself to spare her family further hardship. In
either case, the man is then free to seek a new bride who presumably will fulfill the dowry
demands.

B. The Problem of Dowry Deaths

"Dowry deaths" is the collective name for these fatalities. The most popular way to murder a
young bride is to burn her alive, dousing her with kerosene in the kitchen and igniting

19 A typical middle-class family in New Delhi will pay a dowry of about 100,000 rupees (about $7,200
in 1988 U.S. Dollars) in cash and goods. Levy, supra note 8.

20See generally Melissa Spatz, A "Lesser" Crime: A Comparative Study of Legal Defenses for Men Who
Kill Their Wives, 24 COLUM. J.L. & Soc. PROBS. 597, 607 (1991). This article analyzes legal systems
around the world that are lenient toward men who murder their wives. The author shows how many legal
systems treat the murder of a wife as a less serious crime than the murder of a stranger, permitting men
who kill their wives to avoid punishment or receive mitigated sentences through a variety of techniques,
including the creation of statutory and common law defenses to criminal charges and nonenforcement of
criminal laws. Id. at 597. In effect, countries around the world sanction these murders. The author's thesis
is that the international human rights community can and should address the right of wives to state
protection from violence at home. Id. at 598.

21Hidden Tragedy, supra note 10; Shah,supra note 2. For a more detailed description of the history of
dowry and its evolution over the last two decades, see BUMILLER, supra note 3, at 48-49, and
MITTER, supra note 5, at 109-20.

22

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 DOWRY & DOWRY DEATH

her19 (hence the term "bride burning").Because Indian women cook with kerosene, it is readily
available in every household.It is also inexpensive, much cheaper than the price of a gun or a
knife. Murder by burning is also grimly expedient. The sari of combustible cloth worn by the
bride ensures that she will burn quickly and easily.Because the murder is committed behind
closed doors, the murderers can later claim that the young bride died as a result of a kitchen
accident or suicide. There are generally no witnesses to refute such claims, nor does any
evidence remain.

Although there are no accurate statistics on the number of dowry deaths per year, the number of
registered cases has risen steadily in the past decade. 23 In 1982, India registered 389 cases of
dowry deaths nationwide. By 1985, this number had more than doubled to 999 registered
cases.Finally, by 1991, the number had reached 5,157 registered cases, more than ten times the
number of registered cases in 1982.

Whether the increase is due to more accurate reporting, a higher incidence of dowry deaths, or a
combination of the two is unknown.Despite these higher figures, evidence indicates that
hundreds of additional murders and attempted killings of young brides are not reported simply
because the brides' families prefer to avoid publicizing what they consider to be a shameful
incident.Moreover, the husband and his relatives disguise many such deaths as suicides or
accidents. Consequently, many fear that the actual occurrence of dowry deaths far exceeds the
number reported to the police.The Ahmedabad Women's Action Group in Gujurat State estimates
that, in Gujurat alone, 1,000 women may be burned alive annually.24

C. India's Positive Laws

23 There are few, if any, accurate statistics because much domestic violence goes unreported or is not
registered by the police. In addition, statistics do not include the women who are driven to commit suicide
because harassment over inadequate dowries. ShrutiShukla, India: Women Fighting Back Against `Dowry
Deaths,' INTER PRESS SERV., Aug. 24, 1987, available in LEXIS, Nexis Library, INPRES File. Other
violence against women has also shown an upward trend over the past decade. See U.S. DEFT OF
STATE, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1992 1144 [hereinafter
COUNTRY REPORTS 1992).

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 DOWRY & DOWRY DEATH

The Indian 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 of 1961. 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.25 Currently, the Act prohibits the "giving, taking, or
demanding of dowry." The Act defines "dowry" as property that is given or agreed to be given to

24 Mortality data from India reveals the reasonableness of the Women's Group's claim. In both greater Bombay and
urban Maharashtra, "accidental burns" cause 19% of all deaths among women 15- to 44-years old. In other Third
World countries, like Guatemala, Ecuador, and Chile, the same statistic is less than one percent. Id.Dowry deaths are
not the only indicator of violence and discrimination against women in India. Infant girls are more likely to be
prematurely weaned and neglected by parents who wish to try for sons. Shah,supra note 2. When a girl's health
suffers, she is less likely to receive medical care. Id. Female fetuses are also much more likely to be aborted than
male fetuses. Id. Parents use amniocentesis tests to determine the sex of the expected child and abort it if it is
female. Id. Until protests forced them to stop, Indian sex detection clinics promoted selective abortions by
advertising that it was better to spend $38 now to terminate a female fetus than to pay $3,800 later on her dowry.
Heise, supra note 7. Apparently the advertising worked; one study found that 99% of fetuses aborted after sex
testing were female. Levy, supra note 8. Another study examined 8,000 fetuses at six Bombay abortion clinics and
found that 7,999 of them were female. Heise, supra note 7. Fear of having to pay large dowries was believed to be
partly responsible for the sex detection trend. Levy, supra note 8. The belief is that a girl is a liability because she
will belong to her husband's family and will be of no use to her parents in their old age.Eliminate Inequality, Not
Women, THE GAZETE (MONTREAL), Apr. 26, 1993, at F5.
The effect of the practice of aborting female fetuses has begun to show in the balance between the sexes in India's
population. There are fewer women than in the past, about 929 for every 1000 men. COUNTRY REPORTS
1992, supra note 26, at 1144. Another source cites a figure of 92.9 females for every 100 males. Being Female Can
Be Fatal, INTER PRESS SERV., June 17, 1993, available in LEXIS, Nexis Library, INPRES File [hereinafter Being
Female ]. One author asserts that in addition to sex-selective abortions, female infanticide also continues to be
practiced. Crossette, supra note 5. In the family of a prominent Rajasthan politician, there have been no recorded
births of girls in 40 years. Id.

25n addition to the Dowry Prohibition Act and changes in criminal laws, recent changes have been made in
personal and labor laws governing women. These changes include the Equal Remuneration Act, the Prevention of
Immoral Traffic Act, and the Sati (Widow Burning) (Prevention) Act. Id. Although these new laws have resulted in
increased numbers of cases being brought by women's rights groups, deeply-rooted religious and social traditions

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a newlywed by the other newlywed or either set of parents "in connection with the
marriage." Violations of the Act are "punishable with a term of imprisonment of between six
months and two years, plus a fine of up to ten thousand rupees or the value of the dowry,
whichever is higher."

In addition to criminalizing dowry, the Indian Parliament has criminalized dowry-related

violence against women. The Indian Penal Code, amended in 1983, outlaws dowry-related
cruelty by the husband and his relatives. 26The Parliament further amended the Penal Code in
1986 to explicitly provide that dowry deaths are punishable with imprisonment between seven
years and life. Additionally, the Code of Criminal Procedure now mandates a police investigation
into deaths of women under suspicious circumstances that occur within seven years of
marriage. Finally, in addition to criminal laws, the Parliament amended the Indian Evidence Act,
which now creates a presumption of dowry death whenever a woman is subjected to dowry-
related cruelty or harassment soon before her death.

D. The Failure of India's Positive Laws

continue to contribute to uneven enforcement of these laws. Id.Media coverage of the treatment of women has also
increased. See COUNTRY REPORTS 1991, supra note 10, at 1402. However, one author notes that dowry deaths
actually get less publicity now "because reporters, editors, and even the public seems to be suffering from atrocity
fatigue." Being Female, supra note 34. Only the particularly gruesome cases now receive any media attention. Id.
Furthermore, the same Indian newspapers that report and denounce dowry deaths simultaneously perpetuate the
practice by printing thousands of lucrative matrimonial advertisements used by parents in arranging
marriages. Ottawa Sets Hopeful Trend with Woman Refugee Guidelines, THE GAZETTE (MONTREAL), Mar. 15,
1993, at A2.

26 The Code states that "whoever, being the husband or the relative of the husband of a woman, subjects
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." Id. The Code defines dowry related cruelty as " `willful conduct' which
would likely drive the woman to commit suicide or cause her grave injury, and harassment for dowry."

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Despite the Indian government's efforts, India's statutory laws have been ineffective in
preventing dowry deaths. The practice of demanding dowry has spread throughout India and the
incidence of dowry deaths continues to increase.Once practiced only by middle-class Hindu
families in north India, dowry has now spread to different castes, provinces, and economic
classes.Even religious groups that never before observed dowry customs, such as Muslims and
Christians, have begun demanding dowry. Yet despite the increase in dowry deaths, very few
convictions have been obtained for dowry-related murders. According to one commentator,
India's statutory laws are ineffective in preventing dowry deaths and punishing the perpetrators
for four reasons.Subsection 1 of this Section discusses the problem of vague statutory language.
Subsection 2 examines the problem of non-enforcement of existing laws. Subsection 3 addresses
the impact of cultural attitudes toward women. Finally, Subsection 4 discusses the effects of
economic discrimination against women.

1. Vague Statutory Language

First, the statutory language is too vague to effectively stop the practice of demanding or giving
dowries. "The law's definition of dowry fails to include items that may be extorted from the
bride's parents for years after the wedding."The groom and his family simply ask for a "small
gift."The culture does not consider refrigerators, color televisions, and video cassette recorders as
dowry because these gifts are expected.

What one commentator describes as a vagueness problem 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 Indian
families from evading the Act's proscription against dowry. As one commentator notes, "as long
as dowries remain legal in fact, the murder of new brides is likely to continue."

2. Non enforcement of Existing Laws

Equally at fault in the continuing problem of dowry deaths is the non enforcement 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

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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 67or 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. In addition,
prosecutors are often reluctant to prosecute the alleged perpetrator. Between 1961 and 1975, only
one case was filed under the Dowry Prohibition Act in all of India and, from January through
October 1987, only thirty-five people in India were charged in dowry death cases. 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 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. "A
member of the Indian police on the Union Public Service Commission stated in 1990 that about
ninety-five percent of registered cases of dowry death result in acquittal as corrupt police and
medical officers tamper with crucial evidence."

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 towards Women

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 DOWRY & DOWRY DEATH

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.27 Hindu
religious texts reinforce this theme, instructing women to remain devoted to their husbands no
matter what their husbands do to them. The prestige of both families depends on the woman
remaining in the marriage. Men, on the other hand, are taught that they may beat or even kill
their wives if they choose.

In Indian society, family honor resides in the woman. 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 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 Indian government's
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.Instead, the only way women can inherit
27 Girls are told from childhood that once they leave they can come back only as a dead body. Id. One of
the most encouraging developments in India in the past several years has been the willingness of more
families to allow a daughter to return home if she is in danger, often saving her life.

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their father's or husband's personal property is through attestation. 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. As one commentator
correctly comments, "anti-dowry laws will therefore not work until the government takes
preventive measures, enabling women to achieve economic stability."

III. DOWRY DEATHS AND INTERNATIONAL LAW

Not only does the practice of dowry death violate India's existing domestic laws, but it also
violates international human rights laws, specifically the ICCPR. Section A of this Part briefly
describes the ICCPR. Section B takes the position that dowry deaths constitute an arbitrary
deprivation of life under the ICCPR. Finally, Section C examines India's obligations under the
ICCPR with respect to the right to life and argues that India is in violation of its treaty
obligations.

A. The ICCPR

The ICCPR is one of three international human rights treaties collectively known as the
International Bill of Rights.All three treaties were part of a United Nations' effort to protect
human rights. The purpose of the ICCPR is to protect the civil and political rights of individuals.
To this end, the ICCPR provides for enforcement of its provisions through two means
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administered by the Human Rights Committee:28interstate complaints29 and self-reporting by

member states.30 In addition, a companion treaty to the ICCPR, the Optional Protocol, 31 provides
for an individual petition procedure.32

Unfortunately, victims of dowry crimes and their families are unable to avail themselves of any
of these methods for enforcing rights under the ICCPR. Only states may utilize the first two
means. The individual petition procedure, which allows individuals to lodge petitions claiming

28 Article 28 of the ICCPR establishes a Human Rights Committee consisting of 18 members to

administer the enforcement mechanisms provided for in the ICCPR. ICCPR, supra note 4, art. 28(1).

29 Article 41 of the ICCPR permits states parties to file a formal complaint respecting the nonfulfillment
of human rights obligations by other states parties. Id. art. 41. The procedure is optional and only applies
to situations where both parties have recognized the competence of the Human Rights Committee to
receive and consider such complaints. Id. art.41(1). As of December 31, 1992, only 38 states met this
requirement. India has not filed such a declaration. TorkelOpsahl, The Human Rights Committee, in THE
UNITED NATIONS AND HUMAN RIGHTS 369, 420 (Philip Alston ed., 1992). Furthermore, as of July
1991, the procedure had never been used. LILLICH

30 Article 40 of the ICCPR creates a mandatory reporting system under which all states parties must
submit reports to the Human Rights Committee on the measures they have adopted that give effect to the
rights protected by the ICCPR and on the progress made in enjoyment of those rights.

31ptional Protocol to the International Covenant on Civil and Political Rights, G.A. Res. 2200 (M), U.N.
GAOR Supp. No. 16, at 431, U.N. Doc. A/6316 (1966) [hereinafter Optional Protocol]. India is not a
party to the Optional Protocol. UNITED NATIONS MULTILATERAL TREATIES DEPOSITED WITH
THE SECRETARY-GENERAL: STATUS A3 OF 31 DECEMBER 1992, at 154, U.N. Doc.
ST./LEGJSER.E/11, U.N. Sales No. E.93U.11 (1993) [hereinafter MULTILATERAL TREATIES].

32 Article 1 of the Optional Protocol provides that "[a] State Party . . . recognizes the competence of the
[Human Rights] Committee to receive and consider communications from individuals subject to its
jurisdiction who claim to be victims of a violation by that State Party of the rights set forth in the
Covenant." Optional Protocol, supra note 114, art. 1. Thus, the state complained against must be a party to
the Optional Protocol as well as a party to the ICCPR. As the language of Article 1 implies, only
individual victims can submit a communication: "NGO's or other interested parties are prohibited from
filing communications under the Protocol, unless they themselves are victims of [human] rights
violations." See LILLICH, supra note 109, at 195. However, according to Lillich, the Committee will
accept communications from an individual "through an appointed representative." Id. In addition, an
individual who is a close family member of the alleged victim can submit a communication on the
victim's behalf when he or she is unable to do so. Id. In such cases, the burden is on the author to establish
that a close family relationship exists. Id. Failure to meet the burden will result in the communication
being inadmissible. Id.

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violations of the ICCPR against member states, is unavailable because India is not a party to the
Optional Protocol. But this lack of an enforcement mechanism for victims of dowry crimes does
not mean that dowry deaths do not violate the right to life under the ICCPR. This Comment
argues that dowry deaths are an arbitrary deprivation of life in violation of Article 6(1) of the
ICCPR.

B. Dowry Deaths: An Arbitrary Deprivation of Life

Under Article 6(1) of the ICCPR, "every human being has the inherent right to
life.33Commentators generally agree that the right to life is the most fundamental of all human
rights because it is the essential right from which all other rights derive; if an individual is
deprived of her right to life, all other human rights will be meaningless. Support for this view can
be gleaned from the text of the ICCPR: Article 6(1) describes the right to life as "inherent," and
Article 4(2) prohibits derogation from Article 6(1) even in time of public emergency threatening
the life of the nation. The Human Rights Committee has also commented that the phrase,
"inherent right to life," should be liberally construed, as it cannot be properly understood if
interpreted in a restrictive manner.

While Article 6(1) does not specify the scope of protection that must be accorded the right to life,
it does mandate that "no one shall be arbitrarily deprived of his life." A leading international law
scholar has stated that the "emphasis must be on both `deprive' and `arbitrarily.'""Deprivation of
life" is viewed as being synonymous with homicide. "Thus, the right to life is, in effect, the right
to be safeguarded against arbitrary killing."

As to the word "arbitrary," the drafters of the ICCPR extensively debated its use in Article
6. Critics argued that the term did not express a generally recognized idea and was inherently
ambiguous.34 In fact, at least nine separate views on the meaning of "arbitrary" were propounded

33 Article 6(1) provides that "[e]very human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life."

34 MARC J. BOSSUYT, GUIDE TO THE TRAVAUX PREPATOIRES OF THE INTERNATIONAL

COVENANT ON CIVIL AND POLITICAL RIGHTS 122 (1987).

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during the drafting. Representatives to the drafting committee recalled that in drafting the
Universal Declaration of Human Rights, the Human Rights Commission had similar difficulty in
defining the word "arbitrary," and were unable to reach agreement. Members of that drafting
committee propounded definitions of arbitrary that included "illegally," "unjustly," and both. One
delegation pointed out that it could be interpreted to include accidental deaths, while others
disagreed, arguing that an act of conscious will or intention was required."A number of
representatives [to the drafting committee] maintained that the clause meant that no person could
be deprived of his life `except in accordance with law.' "Others proposed that "arbitrarily" should
mean "fixed or done capriciously or at pleasure; without adequate determining principle;
depending on the will alone; tyrannical; despotic; without cause upon law; not governed by any
fixed rule or standard." Some believed the term was synonymous with the phrase "without due
process of law." Finally, some construed the term to imply "such guarantees as the right to fair
trial and protection against false arrest."

The drafting committee's comments suggest that no consensus as to the meaning of "arbitrary"
was ever reached. However, according to B. G. Ramcharan, Special Assistant to the Assistant
Secretary-General for Human Rights, the word was chosen with the goal of providing the
greatest possible protection for the right to life and confining legally permissible deprivations to
the narrowest limits.Ramcharan's view is supported by the drafting history of the ICCPR. One
group of delegates to the drafting committee proposed that Article 6(1) should enumerate the
conditions under which the taking of life was legally permissible. The majority of
representatives, however, felt that any enumeration would necessarily be incomplete and would
convey the impression that the exceptions were more important than the right itself. An article
drafted under those terms would appear to authorize killing rather than safeguard the right to life.

Analyzing the dowry death phenomenon in light of the foregoing interpretations as to the
meaning of "arbitrary" in Article 6(1), and in accordance with the view that the right to life
should receive the greatest possible protection, it is clear that dowry deaths constitute illegal or
arbitrary killings; the murder of brides in dowry disputes is not permitted under Indian law, and
is in fact criminalized. But are dowry deaths an arbitrary (deprivation of life within the meaning

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of Article 6(1)? There has been some question as to whether, if a state fails to prevent the filling
of one individual by another, it violates Article 6(1).

Arguably, treaty provisions such as the ICCPR and the European Convention on Human Rights
and Fundamental Freedoms limit the concept of the right to life to protection against arbitrary
deprivation of human life by the government through its agents.

However, as Ramcharan points out, this argument ignores the fact that it is the right to life, not
life itself, which must be protected by law under Article 6(1). As he explains, the right to life is a
legal concept that prohibits deprivation of life except; under conditions prescribed by law. Thus,
it is reasonable to infer that the state must criminalize the deliberate taking of life by any
individual.

The question of whether state action is required to violate the right to life under the ICCPR was
debated in the course of the drafting of Article 6(1).

While the view was expressed that the article should concern itself only with the protection of
the individual from unwarranted actions by the State . . . the majority thought that States should
be called upon to protect human life against unwarranted actions by public authorities as well as
by private persons . . .

Thus, the consensus was that state action is not required; the right to life under Article 6(1) was
interpreted to include the right of individuals to be protected by the state against arbitrary
deprivations of life by other persons within society.

This interpretation of Article 6(1) has especially important ramifications for Indian women.
Because dowry killings are perpetrated by private individuals, the husbands and/or in-laws of
Indian brides, they fit within the type of action prohibited under Article 6(1). Consequently,
Indian women have the express right under Article 6(1) of the ICCPR to be protected by the
Indian state against dowry-related murders. Because of their arbitrary, unwarranted, and illegal
nature, dowry deaths do constitute arbitrary deprivations of life within the meaning of Article
6(1).

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C. India's Obligations Regarding the Right to Life under the ICCPR

Having determined that dowry deaths constitute arbitrary deprivations of life under Article 6(1),
it is necessary to determine the nature and extent of India's obligations to protect the right to life
of Indian women.

While there is no general rule of international law that requires treaties to have effect in domestic
law,35 Article 6(1) requires that the right to life be protected by law. The drafting committee of
the ICCPR intended the provision to emphasize the duty of states to protect life. The drafters
intended the provision to obligate each state party to have a law or laws within its internal legal
system protecting the right to life. The meaning of "law" was strictly interpreted because of the
supreme importance of the inviolability of life, requiring that the right to life be protected by
higher forms of law, such as statutes or constitutional provisions.

Clearly, India has complied with this facet of its obligation, insofar as it has enacted statutes
prohibiting dowries and criminalizing dowry deaths. However, the Article 6(1) requirement that
the right to life be protected by law is not the extent of a state's obligations under the Covenant.
Under Article 2(1) of the ICCPR, states parties to the Covenant must also undertake
"to respect and to ensure to all individuals within their territories and subject to their jurisdiction
the rights recognized in the . . . Covenant, without distinction of any kind . . . ." It is in this latter
respect that India has not satisfied its international obligations.

A state can fulfill the obligation "to respect" simply by not violating the rights set forth in the
Covenant India has, therefore, fulfilled its obligation to respect the right to life in connection
with dowry deaths because the government does not perpetrate these crimes. However, Article
2(1) also requires states "to ensure" the rights expressed in the ICCPR, including the right to
life. This obligation imposes an affirmative duty on the state to take any measures necessary to

35SeeOscarSchachter, The Obligation To Implement the Covenant in Domestic Law, in THE

INTERNATIONAL BILL OF RIGHTS 311 (Louis Henkin ed., 1981). The obligation to ensure rights and
remedies within the domestic legal system does not require the states parties to incorporate the ICCPR
into domestic law. Id. at 313. The states parties need only fulfill their obligations under the ICCPR by
whatever means they choose. Id. at 314. Although a number of states have incorporated the ICCPR itself
into their domestic legal systems, India has not done so. Id. at 493 n.l.

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enable individuals to enjoy and exercise their right to life under the Covenant,including taking all
possible measures to prevent violations of this right by others.

Furthermore, such measures must be "adequate" and "effective." At the very least, a state must
exercise due diligence to prevent intentional deprivations of life by individuals, as well as to
apprehend and prosecute murderers as a deterrent to future takings of life.Thus, Article 2(1)
requires India to take positive measures to ensure the right to life, including preventing the
murder of wives by husbands and in-laws in dowry disputes. India has complied with this
obligation only to the extent that it has taken some positive measures, including enacting
statutory law prohibiting dowries and providing for punishment of perpetrators of dowry crimes.
However, India has not taken all possible measures, as is required, nor have the measures taken
by India proved adequate or effective. The number of victims of dowry deaths continues to grow
each year.

In support of the requirement that the measures taken by a state must be adequate and effective,
Professor Oscar Schachter notes that the basic commitment of states can be characterized as an
"obligation of result." In other words, the emphasis is not on the process, but on the result.
The ICCPR does not require specific measures to give effect to the rights in the Covenant.
Rather, Article 2(2) specifies the way in which states parties are to carry out their obligations to
respect and ensure the rights recognized in the ICCPR."Where not already provided for by
existing legislative or other measures, each State Party to the present Covenant undertakes to
take the necessary steps . . . to adopt such legislative or other measures as may be necessary to
give effect to the rights recognized in the present Covenant." This phrasing leaves open the
precise character of the measures, which can include incorporation of the ICCPR into domestic
law or other legislative, executive, or administrative orders.

The Human Rights Committee supports this interpretation, commenting that

Article 2 of the Covenant generally leaves it to the States Parties concerned to choose their
method of implementation in their territories within the framework set out in that article. It
recognizes, in particular, that the implementation does not depend solely on constitutional or
legislative enactments which in themselves are often not per se sufficient.

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In addition, the ICCPR leaves open for determination in specific cases whether or not legislative
or other measures will be necessary at all.According to the language of Article 2(2), if legislative
or other measures are already provided for in existing law, then it is not necessary to adopt any
new legislative or other measures. However, while the obligation to implement new legislative or
other measures is conditional on their being necessary, it is nonetheless an obligation,and one
that a state violates if it provides such legislative or other measures and they prove ineffective, as
with India and dowry deaths.

Paragraph 3 of Article 2 of the ICCPR specifies additional obligations, including a requirement

that persons whose rights have been violated are ensured an effective remedy. It also requires
that an individual's right to such a remedy be determined by a competent authority "provided for
by the legal system of the State" and that any remedies granted be enforced by the competent
authorities. These provisions impose independent obligations on the states parties. Thus, it is
insufficient for a party to maintain that it respects and ensures rights; it must also discharge its
obligation to use the means specified in Article 2 through its domestic legal system "to give
effect" to the rights or to repair violations.

What is meant by "to give effect" is not clearly specified. However, a right is typically given
effect by (1) avoiding or preventing violations of the right, and (2) in the event that the right is
violated, providing remedies to the victim to satisfy the first of these obligations, a state may
choose to enact legislation. However, the Human Rights Committee has noted that legislative
enactments are often not per se sufficient.

Professor Schachter, in apparent agreement, states that the citation of statutory and constitutional
law may satisfy the need for legislation, but is never a sufficient answer to the question of
whether "other measures" are required to give effect to the right to life or any other right granted
under the Covenant. Furthermore, Schachter explains the circumstances under which a state has
failed to give effect to a right guaranteed by the Covenant: "If it is impossible or difficult for
aggrieved individuals to obtain an objective determination of their rights under the Covenant . . .
or if state organs, including the courts, diverge in practice from the proclaimed rules, it is clear
that the obligations of Article 2 are not satisfied."

It is true that India has attempted, through legislative enactments, to prevent dowry deaths and
punish perpetrators of dowry crimes. However, at present these measures have proved

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insufficient. The number of dowry death victims continues to rise, and slipshod investigations
and lax enforcement of anti dowry laws leave victims and their families with little or no
remedies. Thus, because India's measures have proved inadequate and ineffective in preventing
dowry deaths and providing remedies when they do occur, the inescapable conclusion is that
India is in violation of its Article 2 obligations with respect to the Article 6(1) right to life.

IV. CONCLUSION

As demonstrated in this Comment, India has failed to protect the right to life of Indian women in
violation of its Article 2 obligations under the ICCPR.36 There are no true remedies for the few
surviving victims of dowry deaths and their families, as the police, prosecutors, and courts do not
effectively enforce either the laws prohibiting dowry or those punishing dowry crimes. Given
this current lack of adequate and effective measures in India, Article 2 of the ICCPR mandates
that India take additional measures to support and reinforce the existing laws protecting the right
to life. As one commentator notes, the law cannot fulfill its goals alone, it must be reinforced by
various factors. Even the best law cannot play a more important role if the level of legal
consciousness in a society is low, both in regard to the understanding of law and to the relevant
legal estimations and attitudes.

Protection by other means requires a comprehensive approach. Measures that India has not yet
taken, but that should be pursued immediately, include educational and informational activities to
inform Indian society that dowry deaths are not acceptable and will not be tolerated.
Dissemination of information should be enhanced at all levels-local, regional, and national-in the
context of both governmental and nongovernmental activities, and in-school and out-of-school
education. Human rights education, particularly as it relates to dowry deaths and other domestic
violence, should be established as a life-long system for all individuals from childhood.

36 In addition to Article 6(1), dowry deaths also impact other rights in the ICCPR not discussed in this
Article, including the right to liberty and security of the person under Article 9(1), ICCPR, supra note 4,
art. 9(1); the right to equal protection of the law secured by Article 26, ICCPR,.supra note 4, art. 26; and
equal rights for spouses during marriage in Article 23(4). ICCPR, supra note 4, art. 23(4).

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In addition, if the government of India is ever to successfully halt the practice of dowry deaths, it
must change the attitudes of Indian society toward women and their proper role, and it must
address the societal factors that lead to domestic violence and murder.India must also confront
the issue of bias in the courts and criminal justice system, and educate its police and judicial
officers, including providing and enforcing penalties for tampering with evidence, succumbing to
bribes in exchange for failing to investigate suspicious and unnatural deaths of women, and
delaying prosecutions.

Measures are also needed to provide economic opportunities to women and to develop
institutions that remove impediments to the realization of the right to life, such as state-operated
shelters for harassed brides. The Indian government should also encourage the formation of
national groups interested in aiding the victims of attempted dowry murders and should promote
legal-aid programs. In addition, Indian women must be assisted in becoming more economically
independent so that, when faced with a life-threatening marriage, they have an alternative to
returning to their parents' home (if they are even allowed), committing suicide, or being
murdered. Indian society must make a place for single women.

Finally, the Ministry for Home Affairs must begin to closely monitor the number of reported
cases of dowry deaths and track the number of such cases that are registered for prosecution, as
well as the number that end in convictions. To ensure the accuracy of such statistics, the police
should include all deaths of Indian women resulting from dowry-related cruelty as defined in the
1983 amendment to the Indian Penal Code. Such statistics should also include all deaths of
Indian women that are presumed to be dowry deaths under the Indian Evidence Act. Currently,
statistics are highly inaccurate and many dowry deaths continue to go uncounted. Deaths are
misreported as kitchen accidents or suicides by burning, even though the definition of dowry
death includes deaths in both of these categories under certain circumstances. Only when the
police begin properly reporting dowry deaths will the statistics accurately reflect the number of
Indian victims, and only with accurate statistics will it become apparent whether India has taken
effective measures to comply with its obligations under the ICCPR to protect the right to life.

However, as Professor Schachter has stated, "even these steps may be only a partial fulfillment of
an obligation that could embrace the entire range of social structures." Many other measures
might be necessary and required if those suggested above also prove ineffective. Certainly, if the

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obligation to protect the right to life is to be taken seriously, it will require the Indian government
and its citizens to examine, on a deeper level, the many diverse barriers to the enjoyment by
Indian women of such basic rights as the right to life.

Moreover, one might argue that it is highly unlikely that any of the above changes will be made
solely from within India. Changing the attitudes of Indian society will be difficult, particularly
when members of the government accept the views that devalue women and condone the dowry
death phenomenon. This is where international law becomes important. Although "international
human rights law . . . must rely heavily on voluntary compliance by states," it also relies on
"such moral and other influence as other nations are prepared to exert." Depending on the nature
of the breach, this pressure can consist of military force, suspension or termination of reciprocal
obligations, a case before the International Court of Justice, economic sanctions, or political
sanctions. In addition, nongovernmental organizations, such as Amnesty International, can
become involved by publicizing human rights violations.

The international community is obligated to recognize cultural practices of violence against

women as human rights violations and to exert pressure on recalcitrant countries, such as India,
to ensure protection of the rights guaranteed under international law. If other states parties to the
ICCPR were to use one or more of the means at their disposal to put pressure on India to rectify
the human rights violations that occur every day in the form of dowry deaths, perhaps, over time,
Indian attitudes would change and husbands and/or in-laws would no longer murder women for a
few thousand rupees.

CONSTITUTIONAL SUPPORT FOR THE ELIMINATION OF DOWRY DEATH

The principle of gender equality is enshrined in the Indian Constitution in its Preamble,
Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only
grants equality to women, but also empowers the State to adopt measures of positive
discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, Plans and programmes have aimed at womens advancement in different
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spheres. India has also ratified various international conventions and human rights instruments
committing to secure equal rights of women. Key among them is the ratification of the
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993.

ARTICLE- 14

14. Equality before law- The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.

As per the Article 14 of the constitution every person within the territory of India irrespective of
his gender is equal in the eyes of law. No person shall be discriminated against. But when a
demand of dowry is made the status of women is belittled. A dowry is a transfer of parental
property at the marriage of a daughter. The system of dowry is in stark contrast with the
guarantee of equality under Article 14.

The guarantee of equal protection of laws is similar to one embodied in the 14 th amendment to
the American Constitution.37 This has been interpreted to mean subjection to equal law, applying
to all in the same circumstances. 38 It only means that all persons in similar circumstance shall be
treated alike both in the privileges conferred and liabilities imposed by the laws. Equal law shall
be applied to all in the same situation, and there should be no discrimination between one person
and another. Thus, the rule of law is that like should be treated alike and not that unlike should
be treated alike.39

The Rule of Law embodied in Article 14 is the basic structure of the Indian Constitution and
hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the
Constitution.40

37 The 14thAmendmet says: Nor shall any Sate-deny to any person equal protection of laws.

38Lindsley v. National Carbonic Gas Co. (1910) 220 US 61.

39 Dr. V.N. Shukla-Constitution of India, p.27 (5thed.)

40Indira Nehru Gandhi v. State of Haryana, AIR 1975 SC 2299.

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Rule of law requires that no person shall be subjected to harsh, uncivilized or discriminatory
treatment even when the object is securing of the paramount exigencies of law and order.41

India is the largest functioning democracy in the world. It is axiomatic to say that the true spirit
of democracy cannot be achieved unless there is equality between all sections of the people.
Viewed from the perspective that women constitute over 49 percent of the Indian population and
50 percent of the world population, it becomes even more apparent that humanity cannot
progress unless equal rights are not only conferred but also implemented in a manner which
makes the constitutional guarantee of equality before the law and equal protection of the laws a
living reality.

The struggle of the Indian women can thus be characterized as a fight for humanism. It is a fight
against poverty, ignorance, inequality and all other factors which negate the forces of progress
and an assertion of all healthy and positive norms and attitudes which spell out advancement,
equality, progress and freedom from any kind of social bondage.42

In Inder Raj Malik and others vs. Mrs.Sumita Malik 43, it was contended that section 498A is
ultra vires Article 14 and Article 20 (2) of the Constitution. There is the Dowry Prohibition Act
which also deals with similar types of cases; therefore, both statutes together create a situation
commonly known as double jeopardy. But Delhi High Court negatives this contention and held
that this section does not create situation for double jeopardy. Section 498-A is distinguishable
from section 4 of the Dowry Prohibition Act because in the latter mere demand of dowry is
punishable and existence of element of cruelty is not necessary, whereas section 498-A deals
with aggravated form of the offence. It punishes such demands of property or valuable security
from the wife or her relatives as are coupled with cruelty to her. Hence a person can be
prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition
Act and this section.
This section gives wide discretion to the courts in the matters of interpretation of the words

41Rubinder Singh v. Union of India, AIR 19833 SC 65.

42Raj Kumar (2000), p.6.

43 1986 (2) Crimes 435; 1986 (92) CRLJ 1510; 1986 RLR 220

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occurring in the laws and also in matters of awarding punishment. This provision is not ultra
vires. It does not confer arbitrary powers on courts.

ARTICLE 15

Article 15(1) provides that the state shall not discriminate against any citizen on ground of
religion, race, caste, sex, place of birth or any of them.

Article 15(3) empowers the state to make special provision for women namely, nothing in
Article 15 shall prevent the state from making any special provision for women and children.

The reason is that womens physical structure and the performance of maternal functions place
her at a disadvantage in the struggle for subsistence and her physical well-being becomes an
object of public interest and care in order to preserve the strength and vigour of the race. 44 Thus
special enactments can be made in favour of women and it will not infringe Article 15 (1).

Indian Parliament enacted Dowry Prohibition Act in 1961 with a view to control the Dowry
menace. This act aided by s 304 B of IPC & 113 B of the Indian Evidence Act was utilized by the
judiciary to punish the dowry mongers subjecting the women to domestic violence even to an
extent of killing her. In order to see that dowry killings do not go unpunished in the courts have
evolved principles such as proof of motive for causing death is unnecessary45 where death is
unnatural and it is in relation with dowry demand, it is immaterial whether the women has
committed suicide or is murdered. Conviction for dowry death can be based on dying declaration
alone if it is truthful, reliable and voluntary,46 dying declaration will be accepted as evidence
even if it does not contain details etc. There are considerable numbers of decisions that
demonstrate the readiness of the judiciary to keep off the technicalities whenever it is necessary
in the larger interests of the dowry victims.

44Muller v. Oregon, 52 L.Ed.551.

45Suresh RaghunathKocharev. State of Maharashtra 1993.

46 (2) Crimes 545.

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The Dowry Prohibition (DP) Act, 1961

Introduced and taken up by then Indian minister Ashoke Kumar Sen, this Act47 prohibits the
request, payment or acceptance of a dowry, "as consideration for the marriage", where "dowry"
is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a
precondition are not considered dowry, and are legal. Asking or giving of dowry can be punished
by an imprisonment of up to six months, a fine of up to Rs. 15000 or the amount of dowry
(whichever is higher), or imprisonment up to 5 years. It replaced several pieces of anti-dowry
legislation that had been enacted by various Indian states.

2. Definitions In this Act, unless the context otherwise requires

(i) 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 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 1[or any time after the marriage] 2[in connection
with the marriage of the said parties, but does not include] dower or mahr in the case of persons
to whom the Muslim Personal Law (Shariat) applies.

Explanation I- For the removal of doubts, it is hereby declared that any presents made at the time
of a marriage to either part to the marriage in the form of cash, ornaments, clothes or other
articles, shall not be deemed to be dowry within the meaning of this section, unless they are
made as consideration for the marriage of the said parties.

Explanation II.The expression valuable security has the same meaning as in Section 30 of
the Indian Penal Code (45 of 1860).

Dowry Prohibition Act, whether bars the traditional giving of presents- The Dowry
Prohibition Act does not, in any way, bar the traditional giving of present at or about the time of
the wedding which may be willing and affection are gifts by parents and close relations of the
bride to her. Such presents or dowry given by the parents is, therefore, not at all within the
definition of the aforesaid statute. Indeed this traditional giving of presents at or about the time
47 Indiacode.nic.in. Retrieved 2013-02-18.

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of wedding is an accepted practice which finds mention in the oldest of Hindu scriptures and is
continued today with a greater zeal.

Consequently, dowry as commonly understood is something different and alien to the peculiar
definition thereof in the Dowry Prohibition Act. A voluntary and affectionate giving of dowry
and traditional presents would thus be plainly out of the ambit of the particular definition under
the Act and once that is so the rest of the provisions thereof would be equally inapplicable.
Consequently the argument that the applicability of the special provisions of the Dowry
Prohibition Act would exclude the general provisions of the Indian Penal Code would not even
arise and in any case has no validity.

Offences under the Dowry Prohibition Act and under Sec. 406, I.P.C., whether can stand
together on the same set on facts.- A plain reading of the definition of dowrywould show that it
means any property given directly as a consideration for themarriage of the parties. Now once
that is so, dowry of this kind is in fact a quid pro quofor the marriage itself. Inevitably it would
follow that whatsoever is given considerationfor the marriage itself cannot possibly be deemed in
the eye of law as an entrustment orpassing of dominion over property. To recall the familiar
analogy of the law of contract,the consideration is the price for the promise and therefore, such
property cannot bedeemed even remotely to have been entrusted or dominion passed over it to
the other.The necessary result, therefore, is that the same set of facts allegedly constituting
anoffence under the Dowry Prohibition Act cannot possibly come within the ambit of Sec.406,
I.P.C. This would be plainly a consideration in terms. One offence is tested onproperty forming
the consideration for the marriage as such, whilst, the other visualizesthe entrustment and
passing of dominion over property individually owned. Theoffences under the Dowry
Prohibition Act cannot under Sec. 406, I.P.C., stand together on the same set of facts.

3. Penalty for giving or taking dowry.- [(Note: Section 3 re-numbered as sub-section (1)
thereof by Act No.63 of 1984, sec.3) (1)] If any person, after the commencement of this Act,
gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment
for a term which shall not be less than [(Note: Subs. by Act 43 of 1986, Sec.3) 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.

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Provided that the Court may, for a adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3)
five years.]

(2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation
to, -

(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 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.

This provision penalizes the acts of both giving and taking dowry. The Supreme Court,
emphasized on the role played by the giver and not only the taker of dowry in the case In Re:
Enforcement of Dowry Prohibition Act48. It was held that refusal by the bride's father to pay
dowry, refusal of the girls to get married if dowry is insisted upon and the attaching of a social
stigma to those who demand dowry, can alone ultimately put an end to this system or at least
reduce its prevalence. This automatically implies that the giver is also equally responsible in the
prevalence of dowry in our society. It would thus be logical to prosecute not only the taker, but
also the giver if the need arises.

This raises two highly problematic issues. First, if both the giver and taker of dowry are held
culpable under the law then there is no one left to complain against the act. Section 3 has,

4810 I (2005) DMC 805 (SC)

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therefore, had the effect of discouraging parents of the bride from complaining against a demand
for dowry.

Secondly, the practice of dowry has to be examined in the broader context of the devalued status
of women. Parents are often compelled to pay dowry to ensure the security and happiness of
their daughter in her matrimonial home. Misguided as their actions may be, they are in no way
comparable to the malicious intent of the persons making the demand for dowry. If the grooms
family did not demand, threaten or coerce the payment of dowry then there would be no question
of the brides family succumbing to such demands. Social and cultural pressures on the givers of
dowry must also be taken into account. Hence the giver and the taker of dowry cannot be placed
on the same footing under the law. At the same time, the culpability of the givers of dowry
cannot be negated. Hence there must be a distinction made between the extent of culpability of
the givers and the takers of dowry.

The provisions of the DPA provide limited protection to the givers of dowry seeking to file a
complaint under this law. Under Section 7(3), of the DPA, prosecutions under this law cannot be
initiated based on statements made by a person aggrieved. This provision reads as follows:

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. This immunity, however, is inadequate and does not specifically cover the parents or
relatives of the bride. Further, there is no definition of the term person aggrieved under the Act.

Finally, there are no penalties provided for the failure to maintain lists of gifts exchanged in
connection with the marriage. The maintenance of lists of gifts is crucial for the effective
implementation of the law. Further, this list provides the basis for a woman to retrieve items
given to her at the time of the marriage. The persons responsible for the maintenance of such lists
should be identified and penalties imposed for the failure to maintain such lists.

Hence amendments are required in Section 3 of the DPA to the following effect

provide for separate penalties to the giver and takers of dowry

Introduce penalties for the non-maintenance of lists of gifts received at

the time of the marriage.

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Include parents and relatives of the bride as aggrieved persons within

the ambit of Section 7 (3) of the DPA.

Section 4 of the Act states:

4. Penalty for demanding dowry.- If 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.

Provided that the Court may, for an adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term of less than six months.49

Whether Sec. 498-A, I.P.C is distinguishable from Sec. 4, Dowry Prohibition Act,- Section
498-A, I.P.C. does not create any situation for double jeopardy, that provision is distinguishable
from Sec.4, Dowry Prohibition Act, because in the latter mere demand of dowry is punishable
and existence of element of cruelty is not necessary. Section 498- A, I.P.C. deals with aggravated
form of the offence. It inter alia, punishes such demands of property of valuable security from
the wife or her relative as are coupled with cruelty, to her. Hence, a person can be prosecuted in
respect of both the offences punishable under Sec. 4 of the Dowry Prohibition Act, and Sec.498-
A, I.P.C.

5. Agreement for giving or taking dowry to be void.-Any agreement for the giving ortaking of
dowry shall be void.

8. Offences to be non-cognizable, bailable and non-compoundable.-Every offence under this

Act shall be non-cognizable, bailable and non-compoundable,

ARTICLE -21

Article 21 of the Constitution says that:

No person shall be deprived of his life or personal liberty except according to procedure
established by law.
49 "Section 4- The Dowry Prohibition Act, 1961"

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In Maneka Gandhi v Union of India50 the Court gave a new dimension to Article 21. It held that
the right to live is not merely confined to physical existence but it includes within its ambit the
right to live with human dignity. Elaborating the same view the Court in Francis Coralie v.
Union Territory of Delhi51 said that the right to live is not restricted to mere animal existence. It
means something more than just physical survival. The right to live is not confined to the
protection of any faculty or limb through which life is enjoyed or the soul communicates with the
outside world but it also includes the right to live with human dignity, and all that goes along
with it, namely, the bare necessities of life such as, adequate nutrition, clothing and shelter and
facilities for reading, writing and expressing ourselves in diverse forms, freely moving about and
mixing and commingling with fellow human beings.

But in practice many Indian women are constantly being deprived of their Right to life.

One woman dies every hour due to dowry related reasons on an average in the country, which
has seen a steady rise in such cases between 2007 and 2011, according to official data.

National Crime Records Bureau (NCRB) figures state that 8,233 dowry deaths were reported in
2012 from various states. The statistics work out to one death per hour.

The number of deaths under this category of crime against women was 8,618 in 2011 but the
overall conviction rate was 35.8 per cent, slightly above the 32 per cent conviction rate recorded
in the latest data for 2012.

The number of dowry deaths in the country has seen a steady growth during the period between
2007 and 2011. While in 2007, 8,093 such deaths were reported, the numbers rose to 8,172 and
8,383 in 2008 and 2009 respectively.

In 2010, 8,391 such deaths were reported, according to the NCRB.

The agency is the central nodal department to collect and process crime statistics at the national
level.52

50 AIR 1978 SC 746

51 AIR 1978 SC 597

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Despite these higher figures, evidence indicates that hundreds of additional murders and
attempted killings of young brides are not reported simply because the brides' families prefer to
avoid publicizing what they consider to be a shameful incident.Moreover, the husband and his
relatives disguise many such deaths as suicides or accidents.

Chapter XVI of the IPC (Sections 299-311) (which are offences affecting life) can also be
invoked in case of a dowry death or suicide.

299. Culpable homicide.- Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely to cause death, or with the
knowledge that he is likely by such act to cause death, commits the offence of culpable
homicide.

300. Murder.- Except in the cases hereinafter excepted, culpable homicide is murder, if the act
by which the death is caused is done with the intention of causing death, or--

Secondly.--If it is done with the intention of causing such bodily injury as the offender knows to
be likely to cause the death of the person to whom the harm is caused, or--

Thirdly.--If it is done with the intention of causing bodily injury to any person and the bodily
injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or--

Fourthly.--If the person committing the act knows that it is so imminently dangerous that it must,
in all probability, cause death or such bodily injury as is likely to cause death, and commits such
act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Exception 1.--When culpable homicide is not murder.--Culpable homicide is not murder if the
offender, whilst deprived of the power of self-control by grave and sudden provocation, causes
the death of the person who gave the provocation or causes the death of any other person by
mistake or accident.

The above exception is subject to the following provisos:--

First.--That the provocation is not sought or voluntarily provoked by the offender as an excuse
for killing or doing harm to any person.

52 Dowry deaths: One woman dies every hour,The Times of Indis Sep 1, 2013

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Secondly.--That the provocation is not given by anything done in obedience to the law, or by a
public servant in the lawful exercise of the powers of such public servant.

Thirdly.--That the provocation is not given by anything done in the lawful exercise of the right of
private defence.

Explanation.--Whether the provocation was grave and sudden enough to prevent the offence
from amounting to murder is a question of fact.

Exception 2.--Culpable homicide is not murder if the offender, in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes
the death of the person against whom he is exercising such right of defence without
premeditation, and without any intention of doing more harm than is necessary for the purpose of
such defence.

Exception 3.--Culpable homicide is not murder if the offender, being a public servant or aiding a
public servant acting for the advancement of public justice, exceeds the powers given to him by
law, and causes death by doing an act which he, in good faith, believes to be lawful and
necessary for the due discharge of his duty as such public servant and without ill-will towards the
person whose death is caused.

Exception 4.--Culpable homicide is not murder if it is committed without premeditation in a

sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken
undue advantage or acted in a cruel or unusual manner.

Explanation.--It is immaterial in such cases which party offers the provocation or commits the
first assault.

Exception 5.--Culpable homicide is not murder when the person whose death is caused, being
above the age of eighteen years, suffers death or takes the risk of death with his own consent.

302. Punishment for murder.- Whoever commits murder shall be punished with death, or
imprisonment for life, and shall also he liable to fine.

Page 49
 DOWRY & DOWRY DEATH

In LehnaVs State of Haryana53, the Hon'ble Supreme Court has dealt with the case law whereby
guidelines were laid down for awarding capital sentence. The Hon'ble Court has further held that
in Criminal Procedure Code, there is a definite swing towards life imprisonment

PanakantiSampathRaoVs State of A.P.54 is a case where the accused was charged with
commission of offences under Sections 498A, 302 and 304B IPC and Sections 3 and 4 of the
Dowry Prohibition Act. The trial court acquitted him of the offence of murder under Section 302
but convicted him on the remaining counts. He was sentenced to life imprisonment under Section
304B besides the punishment awarded under other charges. On appeal, the High Court found the
accused guilty of the offence under Section 302 IPC. This was affirmed by the Supreme Court
also.

Dowry death may or may not be a case of murder. Where it is a case of murder, death sentence
can be awarded in appropriate cases. But when it is not so, imposition of death sentence may not
be in symmetry with the cardinal principle underlying the capital offences in the Indian Penal
Code. It may be noted that even before insertion of Section 304B on dowry death in 1984, there
have been cases of dowry deaths which were prosecuted for murder under Section 300, IPC.
Thus, State (Delhi Administration) v Laxman Kumar and others55was a case of bride burning
wherein the trial court accepted the prosecution case and considering it to be one of the atrocious
dowry deaths, had sentenced each of respondents to death, namely, the husband, the mother-in-
law and brother-in-law. The High Court, however, acquitted the respondents of the charge of
murder of one Sudha by setting fire to her. On appeal, the Supreme Court partly allowed the
appeal.

In KailashKaur v State of Punjab56, Avtar Singh, the husband, KailashKaur, the mother-in-law
and MahinderKaur, the sister-in-law were put in trial under Section 302 for setting
AmandeepKaur, the deceased, on fire. The trial court acquitted the husband giving him the

532002 (3) SCC 76

54(2006) 9 SCC 658

55(AIR 1986 SC 250)

56(1987) 2 SCC 631

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 DOWRY & DOWRY DEATH

benefit of doubt, but convicted KailashKaur and MahinderKaur under Section 302 and sentenced
to undergo life imprisonment. On appeal, the High Court confirmed the conviction of
KailashKaur but acquitted MahinderKaur giving her the benefit of doubt. When the matter came
up before the Supreme Court, it said, "we have very grave doubts about the legality, propriety
and correctness of the decision of High Court insofar as it has acquitted MahinderKaur by giving
her the benefit of doubt. But since the State has not preferred any appeal, we are not called upon
to go into that aspect any further.

As regards, conviction of KailashKaur, the Court expressed its regret "that the Sessions Judge
did not treat this case as a fit case for awarding maximum penalty under the law and that no steps
were taken by the State Government before the High Court for enhancement of the sentence.

From the aforesaid analysis, the following proposition emerges:

1. The offence of dowry death in Section 304B, IPC does not fall into the categories of the
offences for which death penalty has been provided in the Penal Code.

2. Dowry death is different from the offence of murder. Death of a bride may fall under both
the categories of offences, namely, murder and dowry death, in which case, death
sentence may be awarded for committing the offence of murder in appropriate cases
depending upon the facts and circumstances of each case.

3. Dowry death per se does not involve the direct connection between the accused and the
offence because of its presumptive character. Where the evidence in a given case clearly
shows that the accused willfully put human life to peril, the case will attract the
provisions of Sections 300 r/w 302 and it will no longer be a case of dowry death
simpliciter.

Smt. LichhamadeviVs State of Rajasthan57was another case of dowry death that arose before the
insertion of Section 304B in the Indian Penal Code. In this case, the trial Court acquitted the
accused but High Court reversing her acquittal, awarded death sentence. On appeal, the Supreme
Court modified the death sentence to life imprisonment in view of the two opinions of the Courts

57AIR 1988 SC 1785

Page 51
 DOWRY & DOWRY DEATH

below as to the guilt of the accused. It will be expedient to refer to the following observations
made by the Court in this regard;

SubedarTiwariVs State of U.P. and others 58is another case of bride burning where a highly
educated wife died on unnatural death by burning within a short span of nine months of her
marriage. Although it was not a dowry death, yet the case is relevant for the reason that the
husband could be prosecuted and sentenced to suffer imprisonment for life for such an unnatural
death under Section 302 if both accident and suicide could be excluded on facts.

304.Punishment for culpable homicide not amounting to murder.- Whoever commits

culpable homicide not amounting to murder shall be punished with imprisonment for life, or
imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine, if the act by which me death is caused is done with the intention of causing death,
or of causing such bodily injury as is likely to cause death;

or with imprisonment of either description for a term which may extend to ten years, or with
fine, or with both, if the act is done with the knowledge that it is likely to cause death, but
without any intention to cause death, or to cause such bodily injury as is likely to cause death.

306. Abetment of suicide.- If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

In Gopalan Nair Krishna Pillai v. State of Kerala 59the husband-defendant abused his wife for
failing to meet his dowry demands. Although the victim earned a wage which paid the household
expenses and she gave birth to a son as he desired, the defendant continued to demand that she
obtain more money from her parents home. Following separation, the husbands lawyer
negotiated a compromise and assured her she was safe. The husband continued to demand more
money, which the victim requested from her mother. When her husband did not receive
immediate payment, he continued to abuse her, and she committed suicide. The husband was
convicted of abetment of suicide.

58AIR 1989 SC 737

59 1988 (3) Crimes 489

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 DOWRY & DOWRY DEATH

Recent spates of dowry

1. A man, along with his four family members, has been acquitted by a Delhi court of the
charges of cruelly treating his wife for dowry which led to her death.60

2. A man, along with his mother and two other family members, has been jailed for seven
years by a Delhi court for the death of his wife following dowry demand with the judge
saying the victim had been treated cruelly and had died in unnatural circumstances.61

3. Alleged harassment for additional dowry forced a 23-year-old housewife to commit

suicide at Rajendranagar.62

4. A man allegedly set his 20-year-old wife on fire in the city's Kotwali area as she failed to
meet his demand to bring money from her parents for construction of rooms in his
house.63

5. Eighteen years after a woman lodged complaint of harassment for dowry, her estranged
husband and 61-year-old mother-in-law have been jailed for two years by a Delhi court.64

6. The Supreme Court has said that for seeking the conviction of a person accused of
causing dowry death, the prosecution has to produce evidence that establishes that the
demand for dowry was coupled with acts of harassment and cruelty.65

60Husband, in-Laws Acquitted in 14-Year-Old Dowry Death Case, Press Trust of India, July 22, 2014

61Delhi: Husband, In-Laws Get Seven Years Jail in Dowry Death Case, Press Trust of India, May 29,
2014

62Housewife hangs self due to excess dowry demand, The Times of India, Oct 29, 2014

63Husband sets ablaze woman for not bringing dowry, The Times of India, Sept. 9, 2014

6418 years after complaint, 61-year-old woman, son jailed in dowry case, Press Trust of India, Oct 02,
2014.

65For conviction in dowry death, establish cruelty first: Supreme Court, Indo-Asian News Service,
March 17, 2013

Page 53
 DOWRY & DOWRY DEATH

7. A woman was strangled to death allegedly by her husband and brother-in-law over dowry
in a village in Hoshiarpur, police said today.66

66Woman strangled to death by husband, brother-in-law over dowry, Press Trust of India. January 20,
2013.

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 DOWRY & DOWRY DEATH

DOWRY

Dowry is a social evil, and the greed for it is growing exponentially day by day. Even certain
communities in which dowry or asking for dowry was relatively less prevalent have succumbed
to this evil practice. Newspapers are replete with news items of young brides being tortured and
brutally burnt or poisoned due to unsatisfied dowry demands. Civil society is outraged by the
brutality of dowry to which women are subjected in their homes. Inspite of stringent punitive
measures, sections of society are still boldly pursuing this chronic evil to fulfil their greedy
desires. The survey conducted by SAFMA clearly brought out the fact that the practice of giving
and taking dowry pervades the entire population, irrespective of caste, creed or religion. Today,
besides cash and ornaments, refrigerators, air conditioners, automobiles and a whole range of
gadgets have become an integral part of dowry. In the survey conducted by SAFMA. The
respondents clearly admitted having been given dowry by their parents, at the time marriage.
About 70% said it was in the form of household items 35% said it was in the form of cash and
about 20% said it was in the form of a vehicle.

The ordeal of getting a daughter married off has assumed grotesque proportions and female
4
feticide and infanticide are among its manifestation. No less to blame, are the parents of the girl

4
Majumdar, Maya (2005).Encyclopaedia of Gender Equality Through Women Empowerment. Sarup& Sons. pp.
74

Page 55
 DOWRY & DOWRY DEATH

who frequently give dowry beyond their means, borrowing if necessary, since they believe
5
thereon prestige is at stake. Ironically the girl is rarely asked her opinion in these transactions.
The bitter truth is that in most cases of dowry deaths the girl had reportedly apprised her parents
of her condition and torture, but the presumed social stigma of having a married daughter return
to her parental home, make them unwilling to take her back.

Pertinent to mention here is the concept of Streedhan which has often been confused with dowry.

Streedhan literally means a womens property.Devala quoted as saying that the different forms of

Streedhan are for the women alone: the husband cannot lay claim accept in time of distress.

Manu warns that a husband heir wills incure a sin if the divide the ornaments worn by a women

6
during the husbands lifetime. Whoever it is not uncommon to find a womans ornaments being

misappropriated by her in laws. There is no straight jacket formula distinguish between dowry

and Streedhan. Retention of streedhan by the in laws attracts section 406 IPC and giving and

taking of dowry attract provision of dowry prevention act. The law is in favour of the women, if

she and her parents sat it is Streedhan it is Streedhan, and if they say it is dowry it is dowry, that

is all. There is no record of either. However, rules framed under dowry prevention act clearly

require preparation of present list at the earliest, which is to be signed by the both parties. This is

rarely ever done. In the earlier days, families ensured that proper lists and accounts were

prepared while the dowry itself was put on display at a formal function, for all the relatives to

take note of so there were numerous witnesses to the transaction. Today, no lists are signed and

most of the giving and receiving is shrouded in secrecy and made known only through whisper

networks within the social circle.

With the aim to check the growing menace of the social evil of dowry the dowry prohibition act,
1961 was enacted; making it punishable not only the actual receiving of dowry but also the very
demand of dowry made before, or after the marriage where such demand is preferable to the

5
Ibid.
6
Menski, Werner (1998). South Asians and the Dowry Problem. Trentham Books. pp. 119

Page 56
 DOWRY & DOWRY DEATH

consideration of marriage. The act has been amended numerous times and the salient feature of
the amended act vides act no 43 of 1986 include:

Minimum punishment for taking or abetting the taking of dowry has been raised to five
years and a fine of not less than rupees fifteen thousand.

The burden of proving that there was no demand for dowry will be on the person who
takes or abets the taking of dowry (section 8 A)

Dowry is forbidden but gifts are allowed.

The provision of the act cannot be invoked against the giving of presents at the time of
marriage to the bride without any demand having been made provided that such presents
are entered in a list in writing, containing a brief description of each present; the
approximate value of the present; the name of the person who has given the present; and
where the person giving the present is related to the bride or bridegroom, a description of
such relationship. The said list shall be signed by both the bride and the bridegroom as
per the dowry prohibition (maintenance of lists of presents to the bride and bridegroom)
rules, 1985.

Any advertisement in any newspaper, periodical, journal or any other media by any
person offering any share in his property or any money in consideration of the marriage
of his son or daughter is banned. The person giving such advertisement, and the printer
or publisher of such advertisement will be liable for punishment with imprisonment of
six months to five years or with fine of up to rupees fifteen thousand.

Offences under the act are made non- bail sxable and non-compoundable (section8).

Provision has also been made for appointment of dowry prohibition officers by the state

government for effective implementation of the act. The dowry prohibition officers will be

Page 57
 assisted by advisory board consisting of not more than five social welfare workers (out of whom
7
atleast two shall be women).

Consequently the legislator introduced an amendment in 1983 in the Indian penal code by
introducing a new section 498a relating to cruelty to married women. By an amendment in 1986
the offence of dowry death was also inserted as section 113 relating to presumption of
abetment of suicide.

The role of the court is undoubtedly important in interpreting any statute. Thankfully the courts
have always have always upheld the object which the statute seeks to achieve while interpreting
any of the provisions of the act. However, there is an increasing tendency among parents of the
girl who in their anxiety to get the boys family convicted, rope in all relation of the in laws in
dowry complaint. This tendency strongly criticized and discouraged by the courts, tends to
frivolise the issue and is likely to affect the case of the prosecution of the real culprits. In fact the
Supreme Court has observed (Bhagwan Das vs. Kartar Singh and others 2007 (7) SCALE 167)
it often happens that there are disputes and discords in the matrimonial home and a wife is often
harassed by the husband or her in laws. However, mere harassment of wife by husband due to
differences per se does not attract section 306, if the wife commits suicide but if the suicide was
due to demand of dowry soon before her death then section 304B IPC may be attracted, whether
it is a case of homicide or suicide.

CLASSIFICATION OF OFFENCE
PunishmentImprisonment of not less than 7 years but which may extend to imprisonment for

lifeCognizableNon-bailableTriable by Court of SessionNon-compoundable.

APPLICABILITY

It was argued that the husband or any of his relative could be guilty of the offence only if he or
she directly participated in the actual commission of the offence. This contention was rejected by
the Andhra Pradesh High Court. It observed that in its real import, section 304B of the Indian

7
Menski, Werner (1998).South Asians and the Dowry Problem.Trentham Books.pp. 165.
Penal Code would be applicable if cruelty or harassment was inflicted by the husband on any of
his relative for, or in connection with demand for dowry, immediately preceding the death by
bodily injury or by burning. In short she should have died in abnormal circumstances within
seven years of the marriage. In such circumstances the husband or the relative, as the case may
be, will be deemed to have caused her death and will be liable to punishment; Vadde Rama Rao
v. State of Andhra Pradesh, 1990 Cr LJ 1666.

Burden of Proof

The prosecution under section 304B of Indian Penal Code cannot escape from the burden of
proof that the harassment to cruelty was related to the demand for dowry and such was caused
soon before her death. The word dowry has to be understood as it is defined in section 2 of
the Dowry Prohibition Act, 1961. Thus, there are three occasions related to dowry, i.e., before
marriage, at the time of marriage and at an unending period. The customary payment in
connection with the birth of child or other ceremonies, are not involved within ambit of dowry;
Satvir Singh v. State of Punjab, AIR 2001 SC 2828: (2001) 8 SCC 633.

Dowry

(i) Where the evidence revealed that accusedhusband killed deceasedwife for not satisfying
his dowry demand but nothing on record to show involvement of co-accused in-laws with the
offence committed by the accused, co-accused in-laws are not guilty of offence under sections
304B; PatilParesh Kumar JayantiLal v. State of Gujarat, 2000 Cr LJ 223 (Guj).

(ii) The parties were married on 24-5-1962. After staying in the matrimonial home for two months,
she returned to her parents house and told them that her husband wanted a television set and a fridge.
Her father gave her a sum of Rs. 6,000 and she left for the matrimonial home. Her husband again
demanded a sum of Rs. 25,000 for purchasing a plot. Thereafter the husband took his wife to her
parents home saying that he would not take her back unless a sum of Rs. 25,000 was paid to him.
After one year he took her back but he did not give up the demand for Rs. 25,000. Soon thereafter
she left for her parents home and came back with a sum of Rs. 15,000 with a promise that the rest of
the amount would be paid later on. In her husbands home she died
 of strangulation. The trial court found the accused guilty. The death of the deceased took place
within seven years of marriage and persistent demands of dowry were made on her and she died
8
under mysterious circumstances. The trial court framed charge under section 304B. The
Supreme Court held that no ground for quashing the charge was made out; Nem Chand v. State
of Haryana, (1994) 3 Crimes 608 (SC).

Section 304B and Section 498A - Distinction

Section 304B is a substantive provision creating a new offence and not merely a provision
effecting a change in procedure for trial of a pre-existing substantive offence. As a consequence,
accused cannot be tried and punished for the offence of dowry death provided in section 304B
with the minimum sentence of seven years imprisonment for an act done by them prior to
creation of the new offence of dowry death; SoniDevrajbhaiBabubhai v. State of Gujarat, 1991
9
Cr LJ (313) (SC).

Scope

(i) A perusal of section 304B clearly shows that if a married woman dies 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
in connection with demand for dowry, such death shall be called dowry death and such
husband or relative shall be deemed to have caused the death. The conditions precedent for
establishing an offence under this section is as follows:

(a) that a married woman had died otherwise than under normal circumstances; (b) such death
was within seven years of her marriage; and (c) the prosecution has established that there was
cruelty and harassment in connection with demand for dowry soon before her death; Baljit Singh
10
v. State of Haryana, AIR 2004 SC 1714: (2004) 3 SCC 122.
(ii) Offence under section 304B of the Indian Penal Code is triable by the Court of Session. It is a

cognizable and non-bailable offence. The minimum punishment for the offence is seven years
8
Times of india, Friday 01/02/2008,pp 1/6kucknow.
9
SoniDevrajbhaiBabubhai v. State of Gujarat, 1991
10
; Baljit Singh v. State of Haryana, AIR
 imprisonment which may extend to life imprisonment. Section 304B applies not only when death
is caused by her husband or in-laws but also when death occurs unnaturally whoever might have
caused it. The section will apply whenever the occurrence of death is preceded by cruelty or
harassment by husband or in-laws for dowry and death occurs in unnatural circumstances. It may
be emphasized that occurrence of death in such circumstances is enough though death might not
have been in fact caused by the husband or in-laws. Thus the intention behind the section is to
fasten death on the husband or in-laws though they did not in fact caused the death. Thus a
fiction has been created. It is because in these circumstances, the misery and agony created
thereby which compels the unfortunate married woman to end her life; Premwati v. State of Uttar
11
Pradesh, 1991 Cr LJ 263.

Unnatural death
In-laws insisted dowry demands on one married young woman. Ultimately, it appeared that she
was done to death and her body was cremated without sending any information to her parents or
any relatives. The Supreme Court held that, if it was natural death, there was no need for the
appellants to act in such unnatural manner and cremate the body in great and unholy haste
without even informing the parents. In the result it was an unnatural death, either homicidal or
suicidal. But even assuming that it is a case of suicide even then it would be death which had
occurred in unnatural circumstances. Even in such a case, section 304B is attracted and this
position is not disputed. Therefore, the prosecution has established that the appellants have
committed an offence punishable under section 304B beyond all reasonable doubts; Shanti v.
12
State of Haryana, AIR 1991 SC 1226.

DOWRY DEATH (304B)

11
Premwati v. State of Uttar Pradesh, 1991 Cr LJ 263
12
Shanti v. State of Haryana, AIR 1991 SC 1226
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 relative shall be deemed to have caused her death.

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.

Dowry prohibition act, 1961 definition of dowry- In this act, dowry means any propertyor

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 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 time after the marriage) in connection with the marriage of the said parties,
but does not include dower or Mahr in the case of persons to whom the Muslim personal law
(Shari at) applies.

CASES:

13
Ram Badan Sharma vs. state of Bihar 2006(8) SCALE 210

Where it is proved that it was neither a natural death nor an accidental death, then the obvious
conclusion has to be that it was an unnatural death either homicidal or suicidal. But, even
assuming that it is a case of suicide, even then it would be death which had occurred in
unnatural circumstances. Even in such a case, section 304 B IPC is attracted.

13
Ram Badan Sharma vs. state of Bihar 2006(8) SCALE 210.
In appeal before the Supreme Court the council for the appellants submitted that there was no
evidence to sustain the conviction of the appellants under section 304b and 201 ipc nor was there
any material on record to attract section 113b of the evidence act. It was also submitted that the
high court erred in not applying the strict test before relying on the circumstantial evidence to
pass the verdict of conviction. And also that the high court was not correct in rejecting the
14
testimony of the doctor, dw3.

The Supreme Court observed that on closely examining the evidence, the conclusion regarding
guilt of the accused persons was irresistible. There was an overwhelming evidence to establish
that there had been persistent demand of dowry and because of non fulfillment of the said
demand there was harassment, humiliation and continuous beating of the deceased by the
accused persons. In the instant case, the brother in law of the deceased (sisters husband), at the
th
instance of his mother in law visited the deceased to enquire about her welfare on the 17

November. Initially the accused did not even permit him to meet her on the ground until their
demands for dowry were fulfilled; they would not permit anyone to meet her. On persuasion, he
was ultimately allowed to meet the deceased. The deceased narrated to him that she was being
harassed because the demand of dowry were not fulfilled. Immediately thereafter, he narrated the
entire story to the brother and mother of the deceased. It was extremely significant that within a
few hours, poison was administered to the deceased in the Prasad and she died in the intervening
th th
night of the 17 and 18 . The most suspicious circumstance which supported the story of the
prosecution was that the news of the death of the deceased was not sent to the parents of the
deceased who were living only a few miles away from the village of the accused. The accused
persons clandestinely, secretly and hurriedly cremated the deceased without informing the
factum of death to the parents of the deceased. This circumstance strongly proved and lent
immense credibility to the prosecution version.

14
Ibid.
 The Supreme Court noted the three main ingredients of an offence under 304B IPC namely that
(a) There is demand of dowry and harassment by the accused on the court;

(b) That, the deceased died; and

(c) That, the death is under unnatural circumstances within seven years of marriage. When these
factors are proved by the reliable and cogent evidence, then the presumption of dowry death
under section 113b of the evidence act clearly arises. The aforementioned ingredients necessarily
attract section 304b IPC. Section 304b is a special provision which was inserted by an
amendment of 1986 to deal with a large number of dowry deaths taking place in the country. The
Supreme Court held that in the instant case, if the circumstances were analyzed on the touch
stone of section 304b IPC, all the three basic ingredients were present. There has been persistent
demand of dowry and harassment, humiliation and physical violence and beating by the husband
and her in laws. The deceased died under unnatural circumstances within seven years of the
marriage.

The Supreme Court opined that the court below had properly analyzed the evidence and justly

convicted the appellants under section 304b IPC.

Regarding the conviction of the appellants under section 201 IPC the Supreme Court observed
that according to the prosecution, the deceased was killed by administering poison to her in the
th 15
intervening night of 17th and 18 . Neither the deceased was not taken to any doctor nor was
any doctor called to examine her nor any kind of medical treatment given to the deceased. This is
extremely unnatural human conduct. The dead body was secretly and clandestinely cremated
causing disappearance of evidence of offence, without even intimating the parents of the
deceased who were living only few miles away from their village. They learnt about the murder
of the deceased from a barber after about three days. The appellant secretly and clandestinely
cremated the deceased to wipe out the entire evidence of murder. The Supreme Court held that
section 201 IPC was clearly attracted.

15
Nazzari, Muriel (1991).Disappearance of the Dowry: Women, Families, and Social Change in SoPaulo,
Brazil (1600-1900). Stanford University Press. pp. 657.
 Referred to were the following important cases dealing with section 304 ipc and section 113 of

the Indian evidence act:

16
SoniDevrajBhaiBabubhaivs.State of Gujarat and others [(1991) 4 scc 298],

The Supreme Court dealing with the object and philosophy behind enactment of section 304b ipc
mentioned that section 304b and the cognate provisions were meant for eradication of the social
evil of dowry which has been the bane of Indian society and continues unabated. For eradication
of social evil, effective steps can be taken by the society itself and social sanctions of community
can be more deterrent, yet legal sanction in the form of its prohibition and punishment are some
steps in that direction.

17
Hem Chand vs. State of Rajasthan [(1994) 6 SCC 727] dealt with were the basic ingredientsof
section 304b ipc and sec 113 of the evidence act. It was observed that a reading of section 304b
ipc would show that when a question arises whether a person has committed the offence of
dowry death of a woman what all is necessary to be shown was that soon before her unnatural
death, which took place within seven years of the marriage, the deceased has been subjected, by
such person, to cruelty or harassment for or in connection with demand of dowry. If that was
shown then the court shall presume that such person has caused the dowry death. It can therefore
be seen that irrespective of the fact whether such person was directly responsible for the death of
the deceased or not by the virtue of presumption, he was deemed to have committed the dowry
death, if there were such cruelty or harassment and that if the unnatural death has occurred
within seven years from the death of marriage. Likewise there is a presumption under section
113b of the evidence act as to dowry death. It lays down that the court shall presume that the
person who has subjected the deceased wife to cruelty before her death accused the dowry death
if it is shown that before her death, such woman hs been subjected by the accused, to cruelty or
harassment in connection with any demand for dowry. Practically this is the presumption that has
been incorporated in section 394b ipc also. It can be therefore seen that irrespective of the fact

16
SoniDevrajBhaiBabubhaivs.State of Gujarat and others [(1991) 4 scc 298],
17
Hem Chand vs. State of Rajasthan [(1994) 6 SCC 727]
 whether the accused has any direct connection with the death or not, he shall be presumed to

have committed dowry death provide the other requirements mentioned above are satisfied.

In case where it is proved that it was neither a natural death nor an accidental death, then the
obvious conclusion has to be that it was an unnatural death either homicidal or suicidal; even
then it would be death which had occurred in unnatural circumstances. Even in such a case,
section 304b ipc is attracted.

18
HiraLal and others vs. state (govt. of nct), Delhi[(2003) 8 scc 80] it was reiterated that
section304 b ipc and section 113 of the evidence act were inserted with a view to combat the
increasing menace of dowry deaths. The Supreme Court observed that the prosecution has to rule
out the possibly of a natural or accidental death so as to bring it within the purview of the death
occurring otherwise than in normal circumstances. The expression soon before is relevant for
invoking section 304 b ipc and section 113 evidence act.

19
Dhiansingh and another vs. state of Punjab 2004 (7) scale 304

The Supreme Court observed that in the instant case, it had been proved that the woman died of
burn injuries and it was not under normal circumstances. The evidence also showed that the
husband caused harassment, which is why she could not live in the matrimonial home and started
staying with her parents.

Section 113b of the evidence act enables the court to draw presumption in such circumstances.
To the effect that, when the question is whether the person has committed the dowry death of a
woman and it is shown that soon before her death such woman has been subjected by such
person to cruelty or harassment or in any connection with any demand of dowry, such person
shall be deemed to have caused the dowry death. The contention of the appellant council was that
even if it is proved that soon before her death and there must be proximate connection between
the alleged cruelty and the death of the deceased.

18
HiraLal and others vs. state (govt. of nct), Delhi[(2003) 8 scc 80]
19
Dhiansingh and another vs. state of Punjab 2004 (7) scale 304
 The Supreme Court held that it is true that the prosecution has to establish that there must be
nexus between the cruelty and the suicide and the cruelty meted out must have induced the
victim to commit suicide. The evidence showed that the appellant had demanded dowry and he
has sent her away from his house and only after the mediation she was taken back to appellants
house and death happened within a period of two months thereafter. These facts clearly showed
that the suicide was the result of the harassment or cruelty meted out to the deceased. The
presumption under section 113b of the Indian evidence act could be invoked against the
appellant and the sessions court rightly found the appellant guilty of the offence punishable
under section 304b and 201 ipc.

Regarding the second appellant the paternal uncle. The Supreme Court did not find any illegality
in his conviction under section 201 ipc for causing disappearance of the evidence. It held
knowledge can be attributed to him that he knew well that an offence had been committed and he
caused disappearance of evidence.

REFER TO CASE NO. D15 UNDER SUB HEAD DISAPPEARANCE OR EVIDENCE

20
State of Karnataka vsMvManjunathogowdaand Anothers 2003(1) scale 30

The facts and circumstances under which the appellant got married with the deceased were
peculiar. When the boy with whom the marriage of the deceased was fixed did not turn up, the
appellant agree to marry her on the condition that dowry of R.S. 10,000/- and it was agreed that
the remaining sum of R.S 2000/ and three sovereigns of gold would be given after harvesting the
crop.

The session judge convicted the appellant under 302 but acquitted his mother and younger
21
brother. The high court upheld the acquittal and allowed the appeal by the appellant.

The Supreme Court held that the finding of the high court as perverse and against the weight of

evidence on record, which was not considered in its proper perspective. The Supreme Court

20
State of Karnataka vsMvManjunathogowdaand Anothers 2003(1) scale 30
21
Ibid.
observed that one should not fail to note that the witnesses were rustic villagers. It was difficult
to expect them to remember the events with mathematical precision after a lapse of more than
two years. It is a common knowledge that ordinarily human memories are apt to blur with the
passage of time. The witnesses were straightforward looking people, truthful and trustworthy.
Their testimony cannot throw out on the ground that it lacks spontaneity. Rejecting the high court
opinion that the prosecution witnesses failed to establish that there was an agreement to pay the
dowry; the supreme court held that in such a melee and keeping in view and circumstances in
which the marriage was solemnized it would utterly impossible to have a formal agreement,
which could be proved by oral evidence. Similarly the amount of dowry referred to by on
witness and not mentioned by the other, can be termed to be an omission due to passage of time,
cannot amount to major contradiction which formed the basis of impeaching the credibility of
witnesses.

The next most important question to be considered was whether the appellant was liable for
22
conviction under section 304b IPC.

The supreme court opined that in order to establish the offence under section 304b ipc the
prosecution is obliged to prove that the death of a woman is caused by any burns or bodily injury
or occurs otherwise than under normal circumstances, and such death occurs 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. Such harassment and cruelty must be
in connection with any demand of dowry.

The accused husband is examined under section 313 CrPC. The defence of the accused was total
denial therefore, the presumption as to dowry death envisaged under section 113 b of the
evidence act remained unrebutted. The Supreme Court opined that there was overwhelming
evidence against the accused with regard to the demand of the dowry and acceptance of a part of
dowry. The only question remained to be answered was as to whether deceased was subjected to
cruelty or harassment by the accused in connection with any demand of dowry soon before her

22
Supra.
death or not. To answer this question the Supreme Court referred to the testimony of the brother
and the father of the deceased. From their testimony it clearly appeared that soon before her
death she was subjected to cruelty or harassment in connection with the demand for dowry by the
husband. In absence of any record to show any settlement or resolution for balance of dowry
would continue till her death. Having regard to the entire facts and circumstances and evidence
on record to supreme court held that the offence under section 304B IPC was found to be well
established against the appellant.

23
Kalu ram vs. state of Rajasthan (2000) 10 SCC 324

In the present case both the trial court and high court relied on the two dying declarations and
came to the conclusion that it was the appellant husband who set his wife ablaze and causes her
death, and convicted him under section 302 IPC. It was an admitted case that the appellant was
in an inebriated stage when he approaches the deceased and demanded her ornaments. On her
refusing, he poured heroine on her and wanted her to light the match stick. When she failed to do
so, ignite the match stick but seeing her aflame, he suddenly and frantically poured water to save
her.

The Supreme Court held that this conduct cannot be seen divorced from the totality of
circumstances. Most probably he did not anticipate that the act done by him would have
escalated to such a proportion that she might die. If he has ever intended her to die he would not
have altered his senses to bring water in an effort to rescue her. All what the accused thought of
was to inflict burns on her and to frighten her, but unfortunately the situation slipped out of his
control. Therefore, the Supreme Court brought down the offence from the first degree murder to
culpable homicide not amounting to murder.

Why do dowry deaths occur?

23
Kalu ram vs. state of Rajasthan (2000) 10 SCC 324.
 Why do dowry deaths occur? This was the central point of concern of a sociological study by
Nalini Singh based on a survey of the marriages of 38 young women, aged 17-24 years, in each
24
of which the wife died an unnatural death, reportedly due to harassment over dowry. She
suggested that it is primarily the societal perception of woman being less productive than man
that define woman's place in society. This manifests in what she calls "Zero-political Status", and
denial of basic civil rights to them. She observes that dowry is a clear affirmation of the fact that
one's gender determines one's worth or significance. Since worth is distributed unequally
amongst the sexes at birth, worth-deficiency amongst females can be offset by material additives
that are dowry. The roots of this worth deficiency of women are so deep-rooted that even the
brides who earn more than their husbands are made to feel an obligation to supply dowry goods
and services along after their marriage just as are the women who earn nothing.

The dowry deaths, therefore, she observes, do not occur because there is a mismatch between
25
gifts demanded by in-laws and presents received, but because young married women
customarily have no political significance in their new families. The continuous demand for
dowry is but one of the ways in which the deficient political status is exploited. This deficiency
is used to maltreat her in countless other ways too. Therefore, she says, the term 'dowry-deaths' is
a misnomer because dowry related harassment occurs as part of a larger mandate to oppress a
human with zero-political status. Dowry is hardly ever the single cause of so called dowry
deaths. In other words, even if demands for dowry were to be satisfied fully, young women
would continue to face torture and harassment in their in-laws homes because of their custom-
sanctioned-inferiority that robs them of their basic human rights.

According to Nalini Singh, from the earliest days of a marriage the in-laws ruin the life of a bride
on the assumption that the young woman has surrendered her total being to them; she bends over
backwards to demonstrate that she has no political status, and slips in the bottom of the authority
structure; while her parents reassure her that self-effacement is virtuous in woman. If there is

24
Singh, Vijaita (May 1, 2012). "Only 18% dowry death cases end in conviction". IndianExpress. Retrieved
May 13, 2012

25
"Dowry market: It is money, honey".The Times Of India. December 11, 2005.
 much agreement on women's mute compliance with predetermined norms, then why are our
daughters dying in marriage? As revealed by Singh's survey, the truth is that young women do
not reconcile themselves to the complete absence of political significance in their affine family.
Yet they simulate absolute obedience, because that is what their fraudulent upbringing
26
recommends. This obedience is taken for the real things by those in authority over them. In
pursuance of in-law's perception that the bride's parents owe them an unlimited amount of dowry
(or Compensation), they, the in-laws, establish a conduit for this flow through the bride. Stripped
of a political locus stand, she cannot oppose this demand on grounds of injustice and appears to
exercise either one or both of the two options-one, she succumbs, and procures the demanded
goods from her parents (after initially deflecting some of the hard edge of the demand by
tolerating physical brutality herself), and two, she does not comply, clothing her stand with the
unsurrendered fragment of her persona. It is noteworthy, she states, that many women finally
adopt the second alternative at great personal risk, and high emotional cost, and offer sustained
resistance to demands for dowry.

This resistance proves extremely provocative to authoritarian family members of the husband's
27
family, not so much because of the monetary deprivation, but because of its real potential for
destabilizing the power structure which sanctions exploitative behavior within the family. The
young woman's subdued non-cooperation with the demand for extortion of dowry from her
parents might not be the solitary issue on which she resists blind authority, but there might be
some other issues, which expose her as opinionated, as for instance, the desire to work or study,
despite family opposition. All such actions are regarded as signals of disrespect and revolt. When
a young woman, who is a political amputee by tradition, resists prestigious traditions such as
dowry, she is a logical candidate for retaliation by the in-laws. Dowry death is a manifest
example of this retaliation by the flag-bearers of patriarchal authority. In some cases, the
retaliatory wrath of the in-laws expresses itself in murders of the young women by burning with

26
Majumdar, Maya (2005). Encyclopaedia of Gender Equality Through Women Empowerment. Sarup& Sons. pp.
73.
27
"'Honour' killings, dowry deaths".TheNation. May 8, 2010.
 kerosene (most frequent in urban areas) or drowning (common in rural areas). Other methods
employed to murder include poisoning and physical battery.

Demand for Dowry and Ill-treatment

(i) The wife petitioned for divorce on the ground of persistent demand made on her by her husband
and in-laws. The High Court took the view that there was nothing wrong in these demands as
money was needed by the husband for his personal use and in such a case wife should extend
help. Reversing the judgment, the Supreme Court held that demand for dowry is prohibited under
28
the law. That itself was bad enough; Shobha Rani v. Madhukar, AIR 1988 SC 121; see also
29
PrakashKaur v. Harijinderpal Singh, AIR 1999 Raj 46.

(ii) The husband and his parents were greedy people. Their desire for dowry was insatiable. They
went on demanding dowry even after two years of marriage, and since the parents of wife could
not meet these, they started ill-treating her with a view to coercing her parens to give dowry. The
Delhi High Court held that this amounted to cruelty; AdarshParkash v. Sarita, AIR 1987 Del
30
203.

Demand for money

Demand for money after four years of marriage for a specific purpose, no where related to
marriage demand but causing of harassment to deceased wife so much so that she was bound to
end her life is sufficient for conviction under section 498A; State of Punjab v. Daljit Singh,
31
1999Cr LJ 2723 (P&H).

Drunkenness

28
Shobha Rani v. Madhukar, AIR 1988 SC 121;
29
PrakashKaur v. Harijinderpal Singh, AIR 1999 Raj 46.
30
; AdarshParkash v. Sarita, AIR 1987 Del 203.
31
31
32 ; State of Punjab v. Daljit Singh, 1999 Cr LJ 2723 (P&H).
 33 No doubt drinking is a constituent of culture all over the world, and is almost a cult in
certain societies. Yet, even here as elsewhere a habit of excessive drinking is a vice and
cannot be considered a reasonable wear and tear of married life. No reasonable person
marries to bargain to endure habitual drunkenness, a disgusting conduct. And yet it is not
an independent ground of any matrimonial relief in India. But it may constitute treatment
with cruelty, if indulged in by a spouse and continued, in spite of remonstrances, by the
other. It may cause great anguish and distress to the wife who never suspected what she
was bargaining for and may sooner or later find living together not only miserable but
unbearable. If it was so, she may leave him and may, apart from cruelty, even complain of
constructive desertion; Rita v. Brij Kishore, AIR 1984 Del
34
32
35 291.
36
37 Object
38
39 Section 498A was added with a view to punishing husband and his relatives who harass
or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The
hyper-technical view would be counterproductive and would act against interests of women and
against the object for which the provision was added. There is every likelihood that non-exercise
of inherent power to quash the proceedings to meet the ends of justice would prevent woman
from settling earlier. That is not the object of Chapter XXA; B.S. Joshi v. State of Haryana, AIR
2003SC 1386.
40
41 Section 498A vis-a-vis section 113 of Evidence Act
42
43 Section 498A of the Indian Penal Code or section 113A of the Indian Evidence Act has
not introduced invidious classification qua the treatment of a married woman by her husband or
relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a
class apart whom from those who are married more than seven years earlier to the commission of
such offence, because, with the passage of time after marriage and birth of children, there are
remote chances of treating a married woman with cruelty by her husband or his relatives. Thus,
the classification is reasonable and has close nexus with the object sought to be achieved, i.e.,
44
 32
45 Rita v. Brij Kishore, AIR 1984 Del 291.
 46 eradication of the evil of dowry in the Indian social set-up and to ensure that the married
women live with dignity at their matrimonial homes; KrishanLal v. Union of India, 1994
33
Cr LJ 3472.
47
48 Unhappiness between husband and wife
49
50 Where the prosecution relied only on incident of unhappiness of deceased with her
husband and the allegation was only in form of suggestion, it does not establish criminal offence
under either or both of the charges, hence conviction under section 498A is improper; State v. K.
34
Sridhar, 2000 Cr LJ 328 (Kant).
51
52
53 Wilful Conduct
54
55 The allegations against the husband were that he abused and beat his wife, forced her to
have a common kitchen with a harijan family, accused her of adultery and of carrying in her
womb someone elses child, pressurizing her to agree for an abortion, and such other acts. This
amounted to a wilful conduct of cruelty towards wife; Rishi Kumar v. State of Haryana, Criminal
35
Appeal No. 335-B of 1985.

56 Essential ingredients
57
58 To attract the provisions of section 304B, one of the main ingredients of the offence
which is required to be established is that soon before her death she was subjected to
cruelty and harassment in connection with the demand of dowry; Prema S. Rao v.
36
YadlaSrinivasaRao, AIR 2003 SC 11.

59 Expression soon before her death:

60
61
62
33
; KrishanLal
63 v. Union of India, 1994 Cr LJ 3472.
34
State
64
v. K. Sridhar, 2000 Cr LJ 328 (Kant).
65
66
35
; Rishi
67 Kumar v. State of Haryana, Criminal Appeal No. 335-B of 1985.
36
; Prema S. Rao v. YadlaSrinivasaRao, AIR 2003 SC 11.
 68 The expression soon before her death used in the substantive section 304B, I.P.C. and
section 113B of the Evidence Act is present with the idea of proximity text. No definite period
has been indicated and the expression soon before her death is not defined. The determination
of the period which can come within the term soon before is left to be determined by the courts,
depending upon facts and circumstances of each case. Suffice, however, to indicate that the
expression soon before would normally imply that the interval should not be much between the
concerned cruelty or harassment and the death in question. There must be existence of a
proximate and live-link between the effect of cruelty based on dowry demand and the concerned
death. If alleged incident of cruelty is remote in time and has become stale enough not to disturb
mental equilibrium of the woman concerned, it would be of no consequence; Kaliyaperumal v.
37
State of Tamil Nadu, AIR 2003 SC 3828. See also Yashoda v. State of Madhya Pradesh, (2004)
38
3 SCC 98.
69
70 Presumption: Applicability
71
(i) The presumption shall be raised only on proof of the following essentials:
72
(1) The question before the court must be whether the accused has committed the dowry death of a

woman.
73
(2) The woman was subjected to cruelty or harassment by her husband or his relatives.
74
(3) Such cruelty or harassment was for, or in connection with, any demand for dowry.
75
(4) Such cruelty or harassment was soon before her death.
76
39
77 78 Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828.
79 (ii) In dowry death cases and in most of such offences direct evidence is hardly available
and such cases are usually proved by circumstantial evidence. This section as well as
section 113B of the Evidence Act enact a rule of presumption, i.e., if death occurs within
seven years of marriage in suspicious circumstances. This may be caused by burns or any
other bodily injury. Thus, it is obligatory on the part of the prosecution to show that death
occurred within seven years of
80
37
Kaliyaperumal
81 v. State of Tamil Nadu, AIR 2003 SC 3828
38
Yashoda v. State of Madhya Pradesh, (2004) 3 SCC 98.
82
83 39
Ibid.
 84 marriage. If the prosecution would fail to establish that death did not occur within seven
years of marriage, this section will not apply; RatanLal v. State of Madhya Pradesh, 1994
40
Cri LJ 1684 . See also, N.V. Satyanandam v. Public Prosecutor, AP High Court, AIR
41
2004 SC 1708.
85
86 DOWRY AND THE LAW
87
88 To prohibit the demanding, giving and taking of Dowry, the Dowry Prohibition Act, 1961

is in force since 1st July 1961.

89
90 To stop the offences of cruelty by husband or his relatives on wife, Section 498-A has
been added in the Indian Penal Code, and Section 198-A has been added in the Criminal
Procedure Code since the year 1983.
91
92 In the case of suicide by a married woman, within 7 years from the date of her marriage,
the Court may presume that such suicide has been abetted, encouraged by her husband or
his relatives. Provision to this effect has been added in the Indian Evidence Act, by
adding Section 113-A since the year 1983.
93
94 The object in forming the Dowry Prohibition Act and adding provisions in the Indian
Penal Code, the Criminal Procedure Code and the Indian Evidence Act is to remove the
evil of dowry system and give protection to women.
95
96 Because of the Dowry Prohibition Act, a person who gives or takes, or helps in the giving
or taking of dowry can be sentenced to jail for 5 years and fined Rs.15,000/- or the
amount of the value of dowry, whichever is more. Because of the Dowry Prohibition Act,
to give or to agree to give, directly or indirectly, any property or valuable security, in
connection with a marriage is prohibited. The giving of or agreeing to the giving of any
amount either in cash of kind, jewelry, articles, properties, etc. in respect of a marriage is
absolutely prohibited by the Dowry prohibition Act.
97
98
99
100
40
RatanLal
101 v. State of Madhya Pradesh, 1994 Cri LJ 1684.
41
, N.V. Satyanandam v. Public Prosecutor, AP High Court, AIR 2004 SC 1708.
102 Because of the Dowry Prohibition Act, even the making of a demand for dowry

also is now prohibited and it is punishable with imprisonment of 5 years and a fine of

Rs.10,000/-.
103
104 Because of the Dowry Prohibition Act, now nobody can advertise to give money

or share in his property as a consideration of the marriage.

105
106 Because of the Dowry Prohibition Act, an Agreement between the parties, to give
or to take dowry, is considered as void and cannot be enforced in law and the person who
42
has received dowry is liable to return it to the wife.
107
108 Genuine presents offered to the Bride or to the Bridegroom, at the time of the
marriage, are however not prohibited by this Act. The giving of such presents however
must be customary. The value of such presents, however, should not be excessive,
compared to the financial status of the parties giving such presents. A list of such presents
is also required to be maintained wherein the name of the person who has given the
present, his relationship with the Bride or Bridegroom, description of the presents given
and the value of the presents is to be mentioned and that list has to be signed by both the
43
Bride and the Bridegroom.
109
110The demanding of dowry itself is a cruel act and can be a ground of Divorce. A husband
or his relatives can be punished for behaving cruelly with the wife by demanding dowry
and can be sentenced for 3 years imprisonment and also fined. Harassment of a woman
for dowry is now a criminal offence and ill treatment of a woman for dowry can also be
punished.
111
112On account of the Dowry Prohibition Act, a wife or her relatives can now take recourse
of law and if dowry is demanded or a wife is harassed on account of dowry, the persons
doing so can be punished.
113
114Unfortunately, despite all these legislations, ill treatment of women in our society still
continues. The system of dowry, the evil of dowry still exists. Dowry deaths and Dowry
suicides still happen every day. Pick up any newspaper and you will find a case of dowry
 death or a dowry suicide or harassment of a woman on account of dowry. What is
surprising is, that such demand
42
"A115
satire on weddings, dowry and 'match-making aunties
43
Supra.
116of dowry, such harassment for dowry, dowry deaths and dowry suicides are even found in
the affluent and educated society. However, the purpose of legislature in making the
Dowry Prohibition Act and amendments to other acts is not lost. On account of such
laws, the evils of dowry have definitely come under control. Cases of harassment to wife
have reduced and have come to light on account of these laws.
117
118Few years ago, when these laws were not in force, particularly when the Dowry
Prohibition Act, 1961 had not been enacted, there was no remedy for a harassed wife or
her parents against the demand for dowry. The numerous cases about the dowry death or
harassment on account of dowry which you now read in the Newspapers have come to
light because of these laws. If these laws had not been made, a troubled wife or her
relatives would not have been in a position to complain against the demand for dowry or
the taking of dowry. The evil of dowry has definitely been brought under control to a very
great extent by these laws and these laws definitely provide great relief to a wife.
119
120 Husbands, however, complain that these laws are being misused and that on
account of these laws, wives or their parents make false complaints against the husband
and his family members just to harass them. Many times, when a husband files a petition
for divorce, the wife or her parents take recourse under the Dowry Prohibition Act and
lodge false complaints, under that Act, against the husband or his parents, so as to
pressurize the husband. Well, every coin has two sides. It cannot be denied that, at times,
the Dowry Prohibition Act is being misused. But this Law has certainly helped the bride
and has reduced the evil of Dowry.
121
122 Unless there is a strong awareness in the minds of the people, unless the entire
society believes that dowry is an evil, unless the entire society objects to the demand for
dowry, unless every mother-in-law thinks that at one time she too was a daughter-in-law,
unless every mother thinks that the treatment which she gives to her daughter-in-law can
also be received by her own daughter, the evils of dowry will remain in society. The Law
definitely helps to prevent the evil of dowry but to make the Law effective and fruitful,
people should follow the Law and see that dowry demands are not made and dowry
deaths do not occur. A word of advice: One should not treat Marriage as a lottery. After
all "The Love of money is the root of all evil".
123 ANTI-DOWRY LAWS:
124
125 The serious consequences of this evil system drew legislatures attention first in
the states of Bihar and Andhra Pradesh and consequently they passed laws restraining this
system. The central legislature, in order to prohibit the demanding, giving and taking of
dowry, finally came up with legislation in 1961 popularly known as the Dowry
Prohibition Act.
126
127 However, this act proved to be a toothless piece of legislation and women
continued to be slaughtered in the name of dowry demands. To make the legislation
st
effective further amendments were introduced in 1984 and 1986. The 91 report of the
44
Law Commission of India, published in the year 1983, recommended certain provisions
in IPC, CrPC and Indian Evidence Act to combat this social evil. The 1984 amendment
defined dowry as in connection with the marriage replacing original words as
consideration of marriage. Further, the 1986 amendment includes the property given at
any time after the marriage. These provisions have strengthened the efforts to eradicate
the dowry evil. The Act of 1961, irrespective of any religion is applicable on each and
every person within Indian Territory and has made even the demand of dowry a culpable
offence.
128
129 Thus, in current scenario, to uproot the menace of Dowry tradition various anti-
dowry provisions have been incorporated under civil laws, criminal laws and special
legislative Acts. Some of the relevant Anti-Dowry laws are:
130

131Section 498-A of IPC: It made cruelty by the husband or his relatives punishable
withimprisonment up to three years.

132Section 304- B of IPC: It defines Dowry Death.

133 Section 113-B of Indian Evidence Act: It provides presumption as to dowry death.

Section 174 and 176 of CrPC: It provides for the investigations and inquiries into
thecauses of unnatural deaths, by the police and magistrate respectively.
134
135 CRUELTY OF WOMAN BY HUSBAND OR RELATIVES 498A, I.P.C.
136
137
138
139
44 st
140 . The 91 report of the Law Commission of India, published in the year 1983,
 141 When her husband or his family members subject the woman to cruelty or harassment.
142
143 Section 498 A. whoever, being the husband or the relative of the husband of a
woman subjectssuch woman to cruelty, shall be punished with imprisonment for a term
which may extend to three years and shall also be liable to fine.
144
145 CASES:
146
45
147 k. Prema s. Rao and Anothers vs. YadlaSrinivasaRao and Others 2002 (8) scale 153.
148
149 In the instant case, the accuse pressurized and harassed the deceased to part with
the land received by her from her father as stridhana. As a method adopted for
harassment the postal mail of her relatives sent to her was suppressed by the husband
who was in a position to do so, being a branch post master in the village. When the letters
were discovered by wife and she handed them over to her father she was derived outside
the house. This cruel conduct of the husband led the wife to commit suicide. The supreme
court held that the trial court and high court were, therefore, perfectly justified on this
evidence to hold the accused guilty of the offence of cruelty under section 498 A. as a
result of such cruel treatment the wife was driven to commit suicide punishable under
section 306A, IPC was clearly made out against accused NO.1 and for that purpose
presumption under section 113A of the evidence act could be raised against him.
150
46
151 State vs. Maregowda and others 2001 CRLJ 4491
152
153 The high court of Karnataka placed reliance on the suicide note and held that a
clear case was made out for an offence under section 498a of the IPC. Referred to was the
decision in state of Karnataka vs. h. S Srinivasa[ 1996 cri LJ3103], where supreme court
defining cruelty stated that
154
155
45
k.156
Prema s. Rao and Anothers vs. YadlaSrinivasaRao and Others 2002 (8) scale
153.
157
158
159
46
State vs. Maregowda and others 2001 CRLJ 4491
160 the expression cruelty postulates such a treatment as to cause reasonable
apprehension in the mind of the wife that her living with the husband will be harmful and
injurious to her life. To decide the question of cruelty the relevant factors are, the
matrimonial relationship between husband and wife, their cultural and temperamental
state of life, state of health and their interaction in daily life.
161
162 The high court held that the definition of cruelty was much wider and not
confined to dowry harassment. The evidence of the witnesses clearly indicated that the
deceased was assaulted and ill treated by her husband. The must clinching evidence was
the suicide note. It can never be discounted (as it was wrongly done by the trial court)
since, it clearly stated that the husband was the main cause for the deceased committing
suicide, in it she had stated the difficulty which she faced should never come to anybody
else. She also stated that her daughter should get half the share in the property of her
husband. The handwriting of the deceased had been identified by the father and other
relations. There was no reason whatsoever to disbelieve the witnesses. Further the
Tahsildar stated that the suicide note or dying declaration was seized from the jacket of
the deceased during inquest.
163
164 The high court observed that there were conscious of the fact that they were
dealing with an appeal against acquittal and if two views were possible, the benefit of
doubt go to the accused. Referred to was the decision in state of Uttar Pradesh vs.
47
Krishna Gopal and another[ air 1988sc 2154], where supreme court held that a
reasonable doubt is not an imaginary, trivial or amerely possible but a fair doubt based
upon reason and common sense. It must grow out of the evidence in the case. Forensic
probability must in the last analysis rest on rebust common sense and ultimately on the
trained institutions of the judge. Having regard to the above said principles in appeal
against acquittal, the high court held that they had no hesitation that the judgments of the
trial court was palpably erroneous and contrary to law and the husband was guilty for an
offence under section 498A IPC.
165
166 113A. Presumption as to abetment of suicide by a married woman
167
 47
168 in state of Uttar Pradesh vs. Krishna Gopal and another[ air 1988 sc 2154],
 169 Section 498A.Husband or relative of husband of a woman subjecting her to
cruelty.
170
171 [498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects 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.
172
173 Explanation
174
175 For the purpose of this section, cruelty means
176
(a) Any wilful 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
177
(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.]
178
179
180 CLASSIFICATION OF OFFENCE
181
182 PunishmentImprisonment for 3 years and fine Cognizable if information relating to the
commission of the offence is given to an officer in charge of a police station by the person
aggrieved by the offence or by any person related to her by blood, marriage or adoption or if
there is no such relative, by any public servant belonging to such class or category as may be
notified by the State Government in this behalfNon-bailableTriable by Magistrate of the
first classNon-compoundable.
183
184 Comments
185
186 When the question is whether the commission of suicide by a woman had been
abetted by her husband or any relative of her husband and it is shown that she had
committed suicide within a period of seven years from the date of her marriage and that
her husband or such relative of her husband had subjected her to cruelty, the court may
presume, having regard to all the other
 187 circumstance s of the case, that such suicide had been abetted by her husband or
by such relative of her husband.
188
189 Explanation For the purposes of this section, "cruelty" shall have the same
meaning as insection 498 A of the Indian Panel Code (45 of 1860).
190
191 A person is guilty of abetment when
192
a. He instigates someone to commit suicide (or)
193
b. He is part of a conspiracy to make a person commit suicide.(or)
194
c. He intentionally helps the victim to commit suicide by doing an act or by not doing something
that he was bound to do.
195
196
197 In this view of the matter, we are of the opinion that no case has been made out for

interference with the impugned judgement.

198 The core question which has been raised for our consideration in this appeal is as

to whether a case had been made out for application of Section 113B of the Indian

Evidence Act (the Act).

199
200 The Parliament by Act No.46 of 1983 and Act No.43 of 1986 inserted Sections

113A and 113B in the Act. They read as under: 113A. Presumption as to abetment of

suicide
201
202 By a married woman. When the question is
203
204 Whether the commission of suicide by a woman
205
206 Had been abetted by her husband or any relative of her husband and it is shown
that she had
207
208 committed suicide within a period of seven years from the date of her marriage
and that her husband or such relative of her husband had subjected her to cruelty, the
Court may presume, having regard to all the other circumstances of the case, that such
suicide had been abetted by her husband or by such relative of her husband.
209
210 Explanation.-For the purposes of this section, "cruelty" shall have the same

meaning as insection 498A of the Indian Penal Code (45 of 1860).

211
212 113B. Presumption as to dowry death.When the question is whether a person has
committed the dowry death of a woman and it is shown that soon before her death such
woman has 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.
213
214 Explanation.-For the purposes of this section
215
216 "Dowry death" shall have the same meaning as in section 304B, of the Indian
Penal Code (45 of 1860). Section 113A of the Act relates to offences under Sections 498-
A and 306 of the Code, whereas Section 113B relates to Section 304-B thereof. Whereas
in terms of Section 113A of the Act, the prosecution is required to prove that the deceased
was subjected to cruelty, in terms of Section 113B, the prosecution must prove that the
deceased was subject by such person to cruelty or harassment for, or in connection with,
any demand for dowry.
 50
217 KishangiriMangalgiriGoswamivs State Of Gujarat on 28 January, 2009
218
219 Challenge in this appeal is to the judgment of a Division Bench of the Gujarat
High Court upholding the conviction of the appellant for offences punishable under
Sections 306 and 498-A of the Indian Penal Code, 1860 (in short the `IPC') and Section 3
of the Dowry Prohibition Act, 1961 (in short `DP Act'). Learned Additional Sessions
Judge, Court No.9, Ahmadabad City imposed sentences of 3 years, 10 years and 5 years
respectively for the aforesaid offences and fine of Rs.5,000/-, Rs.20,000/- and Rs.20,000/-
with default stipulations.
220
221 Prosecution version in a nutshell is as follows: The accused married Kantaben
(hereinafter referred to as the `deceased') in 1989. Soon after two years of his marriage, the
accused started inflicting mental and physical torture on her and she was taunted by the accused
for not bringing sufficient dowry in the marriage. He also demanded from the victim an amount
of Rs.40, 000/-for the purpose of purchasing a house. He even wrote letters to the in-laws and
demanded Rs. 40,000/- for purchasing the house. The demand was persistent. Even threats were
administered to the deceased and her family members. Thus, the accused inflicted mental and
physical torture on the victim which prompted her to commit suicide by burning herself on 23-
03-1999 after pouring kerosene on her body. Thus, as per the prosecution case, the appellant has
committed the offence punishable under Section 498A and 306 IPC read with Sections 3 and 7 of
DP Act.
222
223 The complaint was given by DhulagiriGumangiriGoswami on 17.5.1999. On the strength
of the complaint given by the complainant investigation was carried out. The place where the
suicide was committed by the victim was visited and the panchnama of the place of incident was
prepared in the presence of the panch-witnesses. Statements of the witnesses from the
neighborhood were recorded. The injured was immediately rushed to the hospital for providing
necessary treatment. Muddamal seized was sent to Forensic Science Laboratory for the purpose
of detailed analysis. On the death of the victim, the inquest panchnama was prepared and the
dead body was sent for autopsy. The appellant was arrested during the course of investigation.
On receipt of the report from FSL, the post- mortem report along with other material, the
224
50
225 KishangiriMangalgiriGoswamivs State Of Gujarat on 28 January, 2009.
226 appellant was charge-sheeted for the offences punishable under Sections 498A
and 306 of IPC as well as Sections 3 and 7 of the DP Act. He was produced before the
Metropolitan Magistrate, Ahmadabad, who in turn committed the case to the Sessions
Court under Section 209 of the Code of Criminal Procedure, 1973 (in short the `Code') as
the case was exclusively triable by the Sessions Court. As the accused persons pleaded
innocence trial was held. Seventeen witnesses were examined to further the prosecution
version.
227
228 The trial court found that the letters written by the accused clearly established the
demand of dowry and further the suicide was clearly abetted by the acts and conduct of
the appellant. Accordingly, the conviction was recorded and sentences were imposed as
afore-stated. In appeal, the High court concurred with the views of the trial Court.
229
230 In support of the appeal, it was submitted that the letters whereby the alleged
demand of dowry was made has not been signed by the appellant and even has not been
addressed to anyone. There was no material to show that the appellant had subjected the
deceased to such cruelty and harassment as to instigate her to commit suicide. The
evidence on record shows that the appellant had purchased valuable silver ornaments for
the deceased and in his insurance policy, the deceased was shown to be his nominee.
Their relation was otherwise cordial. Since the substratum of the allegations of dowry and
harassment were letters, their authenticity having not been established the trial Court and
the High Court should not have relied upon the same.
231
232 It is pointed out that the accused himself had taken the deceased to the hospital
and from his conduct it clearly shows that the accused was not guilty. In essence, it is
submitted that the commission of alleged offences has not been established by the
prosecution.
233
234 In response, learned counsel for the respondent-State supported the judgment. We

shall first deal with the plea relating to applicability of Section 306 IPC.
235
236 Section 306 IPC deals with abetment of suicide. The said provision reads as
follows: " 306 ABETMENT OF SUICIDE. If any person commits suicide, whoever
abets the commission of such suicide, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
" Abetment involves a mental process of instigating a person or intentionally aiding
that person in doing of a thing.
 237 In cases of conspiracy also it would involve that mental process of entering into
conspiracy for the doing of that thing. More active role which can be described as
instigating or aiding the doing of a thing it required before a person can be said to be
238abetting the commission of offence under Section 306 of IPC.
51
239 In State of West Bengal v. OrilalJaiswal (AIR 1994SC 1418) this Court has
observed that thecourts should be extremely careful in assessing the facts and
circumstances of each case and the evidence adduced in the trial for the purpose of
finding whether the cruelty meted out to the victim had in fact induced her to end her life
by committing suicide. If it transpires to the Court that a victim committing suicide was
hypersensitive to ordinary petulance, discord and differences in domestic life quite
common to the society to which the victim belonged and such petulance discord and
differences were not expected to induce a similarly circumstanced individual in a given
society to commit suicide, the conscience of the Court should not be satisfied for basing a
finding that the accused charged of abetting the offence of suicide should be found guilty.
240
241 Section 107 IPC defines abetment of a thing. The offence of abetment is a
separate and distinct offence provided in the Act as an offence. A 6 person abets the doing
of a thing when
242
(1) He instigates any person to do that thing; or
243
(2) Engages with one or more other persons in any conspiracy for the doing of that thing; or
244
(3) Intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to
complete abetment as a crime. The word " instigate" literally means to provoke,
incite, urge on or bring about by persuasion to do anything. The abetment may be by instigation,
conspiracy or intentional aid, as provided in the three clauses of Section 107. Section 109
provides that if the act abetted is committed in consequence of abetment and there is no
provision for the punishment of such abetment, then the offender is to be punished with the
punishment provided for the original offence. 'Abetted' in Section 109 means the specific offence
abetted. Therefore, the offence for the abetment of which a person is charged with the abetment
is normally linked with the proved offence
(4)
(5) http://indiankanoon.org/doc/337402/51In State of West Bengal v. OrilalJaiswal (AIR1994SC 1418)
 (6) In cases of alleged abetment of suicide there must be proof of direct or indirect acts of
incitement to the commission of suicide. The mere fact that the husband treated the
deceased-wife with cruelty is not enough. [See Mahinder Singh v. State of M.P. (1995
AIR SCW 4570)]. 7
(7)
(8) The aforesaid aspects were highlighted in KishoriLal v. State of M.P.(2007 (10) SCC
52
797), Randhir Singh and Anr. v. State of Punjab(2004 (13) SCC 129) and Criminal
Appeal No. 1464 of 2007 Sohan Raj Sharma v. State of Haryanadisposed of on April 7,
53
2008).
(9)
(10) The conviction so far as it relates to Section 306 IPC, therefore, cannot be
sustained in view of the background facts and is set aside. But the materials on record
particularly the letters on which specific emphasis has been led by the trial Court and the
High Court amply demonstrate the commission of offences punishable under Section
498-A IPC and Section 3 of DP Act. The convictions are sustained. But the sentence in
respect of Section 3 of DP Act is reduced to three years. The appeal is allowed to the
(11)aforesaid extent.
(12) In Ramesh Kumar v. State of Chhattisgarh (2001)8J.T. (SC) 599 :(AIR 2001 SC
54
3837) TheApex Court observed as under (Instigation is to goad, urge forward, provoke,
Incite or encourage to do "an act" To satisfy the requirement of instigation though it is not
necessary that actual words must be used to that effect or what constitutes instigation
must necessarily and specifically be suggestive of the consequence. Yet a reasonable
certainty to incite the consequence must be capable of being spelt out.
(13)
(14) In the above case deceased was appellant's wife. Within one year of marriage his
wife died of suicide and before committing suicide she wrote a suicide note and a letter to
her husband in a diary. Her dying declaration was also recorded by Executive Magistrate.
On facts the Hon'ble Supreme Court came to the conclusion that presumption of Section
113A of evidence Act could not be drawn against the husband. It further held that the case
was not one which could fall in Clause secondly and thirdly of Section 107 of the Indian
Penal Code. With regard to applicability of first Clause i.e. whether the accused abetted
the suicide by instigating her to do so, the
(15)
52
(16)
(17) KishoriLal v. State of M.P. (2007(10) SCC 797),
53
Sohan
(18) Raj Sharma v. State of Haryana disposedof on April 7, 2008).
54
In Ramesh Kumar v. State of Chhattisgarh (2001)8J.T. (SC) 599 :(AIR 2001 SC 3837)
(19) Supreme Court held that it was beyond doubt that accused's wife did commit
suicide within a year of her marriage. What happened on the date of occurrence was very
material for the purpose of recording a finding on the question of abetment. The picture
which emerged from a cumulative reading and the assessment' of the material available in
that case was that presumably because of disinclination on the part of the accused to drop
the deceased at her sister's residence the deceased felt disappointed, frustrated and
depressed. She was overtaken by a feeling of short comings which she attributed to
herself. She was overcome by a forceful feeling generating within her that in the
assessment of her husband she did not deserve to be his life-partner. May be that it was in
a fit of anger as contrary to his wish and immediate convenience the deceased was
emphatic on being dropped at her sister's residence to see her. In these circumstances it
was held that the case was not, a case where the accused created such circumstances that
the deceased was left with no other option except to commit suicide.
(20)
(21) In the case of State of West Bengal v. OriLalJaiswal(1994)1 SCC 73 :(AIR 1994
55
SC 1418) it was held that if it transpires to the Court that a victim committing suicide
was hyper sensitive to ordinary petulance, discord and difference in domestic life quite
common to the society to which the victim belonged and such petulance, discord and
differences were not expected to induce a similarly circumstanced individual in a given
society to commit suicide the conscious of the Court should not be satisfied for basing a
finding that the accused charged of abetting the offence of suicide should be found guilty.
(22)
56
(23) In the case of Shri Ram v. State of U.P. A.I.R. 1975 SC 175 it. Was held by the
Apex Court that in order to constitute an abetment, the abettor must be shown to have
"intentionally aided to the commission of crime. Mere proof that the crime charged could
not have been committed without the interposition of the alleged abettor is not enough
compliance with the requirement of Section 107 I.P.C. ...Intentional aiding and, therefore,
active complicity is the gist of the offence of abetment under the third paragraph of
Section 107.
(24)
(25)
(26)
(27)
55
State
(28) of West Bengal v. OriLalJaiswal(1994)1SCC 73 :(AIR 1994 SC 1418)
56
Shri Ram v. State of U.P. A.I.R. 1975SC 175
(29) In Balwant Singh v. State of Himachal Pradesh (2001)2 Femi-jurist C.C.351
Hon'ble C.K. Thacker, Chief Justice of Himachal Pradesh as then his Lordship was,
found that from the evidence on record it was proved by the prosecution that there was ill
treatment by the accused towards the deceased RenuBala, but it could not be said that the
prosecution was able to establish that there was abetment by the accused to commit
suicide by deceased RenuBala because necessary ingredients of Section 107 I.P.C. were
not established.
(30)
57
(31) In Roop Kishore Madan v. State (2001)2 Femi-Juris C.C. 296 deceased was in
love with accused who was already married. There was an allegation that accused
promised with deceased to divorce his first wife and marry her but that promise was not
being fulfilled. Deceased in utter frustration committed suicide leaving a suicide note
which also did not remotely suggest that accused had incited the deceased to commit
suicide. On these facts the Court came to the conclusion that ingredients of offence of
abetment were not made out from the allegations made by the prosecution and, therefore,
offence under Section 306 I.P.C. could not be said to have been committed and on that
ground F.I.R. was quashed.
(32)
(33) The law regarding offence of abetment to commit suicide is thus clear. A person
can be said to instigate another when incites or otherwise encourages another, directly or
indirectly to commit suicide.
(34)
(35) Keeping the above legal principles in mind, I now proceed to scrutinize the
material collected during investigation in order to find out whether from the allegations
made by the prosecution, offence of abetment of suicide punishable under Section 306
I.P.C. is made out against the applicant and whether the instant case is one of those rarest
of rare cases which requires quashing of the entire proceedings?
(36)
(37) To arrive at a right answer of the question we have to accept the prosecution
allegations as they stand. It is an admitted fact that deceased persons were married in the
year 1996 and a son was born out of their wedlock. Deceased wife Nimisha was the
daughter of the applicant in revision and the other deceased Praveen Sharma was her son-
in-law. After their marriage for sometime the married couple stayed with the parents of
 husband, thereafter they shifted to a rented house in
(38)
57
(39) Roop Kishore Madan v. State (2001)2 Femi-Juris C.C. 296
(40) Vasundhara to live separately from the parents of applicant's son-in-law. It is also
not disputed that on 21-3-1998 they both died unnatural death and as per the opinion of
the Medical Officer who conducted autopsy cause of death of both the deceased persons
was asphyxia on account of hanging. Opposite party No. 2 Rajeev Kumar Sharma, elder
brother of deceased Praveen Sharma was first to see the dead bodies in the rented house
where the deceased couple was living. Through a written report he informed the police
that on the day of occurrence i.e. 21-3-1998 in the morning there had been some quarrel
between husband and wife on some issue. "Thereafter Nimisha left the house and went in
the neighbourhood. When she had left the house. Praveen Sharma hanged himself from
ceiling fan and committed suicide at about 11 a.m. When Nimisha came back and found
her husband dead, she also committed suicide by hanging herself in another room at
about 12.20 p.m. Police came into action and inquests were held. Both the dead bodies
were sent for post mortem examination. During the post mortem examination of deceased
Praveen Sharma a death note whose copy has been annexed with the counter affidavit,
was found in the underwear of deceased Praveen Sharma. The death note has already
been quoted in the earlier part of this judgment. This death note is the sheet anchor of the
prosecution case. A bare reading of this death note indicates that the husband and wife
were not having cordial relations. The husband was very much annoyed with his wife's
behaviour and there were discord and differences in their domestic life. As per the own
case of complainant Rajeev Kumar Sharma even in the morning on the day of occurrence
some quarrel had occurred between husband and wife on some issue. As was pointed out
58
by the Apex Court in the case of Ramesh Kumar (AIR 2001 SC 3837) what happened
on the date of occurrence is very material for the purpose of recording a finding on the
question of abetment. Suicide note further indicates that Praveen Sharma was unhappy
with his wife as he was forced by her to live separately from his parents and according to
him it was enough and so he decided to end his life. The allegation against the applicant
in revision was that she used to side with Nimisha. From this death note, taken at its face
value, it would appear that deceased Praveen Sharma was hypersensitive to ordinary
petulance, discord and differences in domestic life. Assuming for the sake of argument,
that at some stage applicant in revision also advised Nimisha and her husband to live
 separately from
(41)
58
(42) of Ramesh Kumar (AIR 2001 SC 3837).
(43) her in-law, but from this mere fact it cannot be inferred that she instigated or
incited or encouraged Praveen Sharma to commit suicide. There could be many reasons
and one of them could be that finding married couple quarrelling with each other often on
account of differences with the parents of Praveen Sharma, she might have thought it
better to advice Nimisha and Praveen Sharma in good faith to live separately instead of
quarrelling with each other daily. By no stretch of imagination it could be said that the
applicant in revision induced, incited or instigated Praveen Sharma or her daughter to
commit suicide. Even in the statement of witnesses recorded during investigation the only
allegation against the applicant in revision was that she used to interfere in the affairs of
her daughter and her husband. That also will not be enough to remotely suggest that the
applicant in revision had incited or induced the deceased to commit suicide or made his
life so miserable that there was no option left for him except to end his life. There is
absolutely no evidence or material on record to infer that applicant in revision at any
point of time instigated Praveen Sharma or created such circumstances which compelled
Shri Sharma to end his life. It is also inconceivable that a mother would instigate her own
son-in-law to commit suicide so as to make her own daughter a widow. It may not be out
of place to mention here that presumption under Section 113A of the Evidence Act is not
available to the prosecution in this case and therefore, there should have been positive
material to connect the applicant in revision either by direct or circumstantial evidence
that she had abetted commission of offence of suicide which in the present case is totally
lacking. Simply because Praveen Sharma could not relish interference of his wife and her
mother in his married life it would not follow that the applicant in revision had the
requisite mensrea to aid the commission of the offence of abetment of suicide. The
material collected during investigation does not show that the ingredients of offence of
abetment have been satisfied and thus on the basis of that material taken at its face value
no offence under Section 306 I.P.C. is made out against the applicant in revision. In this
case of the matter the entire proceedings initiated on the basis of the charge sheet
submitted in the present case are liable to be quashed.
(44)
(45) For the reasons assigned above this revision is allowed, the order of the learned
Magistrate dated 18-5-2001 summoning the applicant in revision as accused on the basis

of charge sheet submitted

(46) in case crime No. 91 of 1999 is set aside. The charge sheet submitted against the

applicant as well as proceedings initiated on the basis of the same is hereby quashed.
(47)
(48) Before parting with this order this Court is constrained to remark that in this case
the conduct of the investigating agency has not been fair and impartial. Though
applicant's husband Dr. S.D. Shukla had sent a complaint to the S.S.P. Ghaziabad, the
same was not investigated in accordance with law on the ground that the entire matter
was inquired into by CO. City II Ghazia-bad who reported that applicant's daughter and
son-in-law had committed suicide on 21-3-1998 and in relation to the same case crime
No. 91 of 1999 under Section 306 I.P.C. has already been registered against the applicant
in revision. When in the complaint sent by applicant's husband specific allegations had
been made that deceased Nimisha was being treated with cruelty in connection with the
demand of dowry and her death occurred in abnormal circumstances within 7 years of her
marriage, the investigation agency should have inquired into such allegations by at least
interrogating persons living in the neighborhood of the house where Nimisha and her
husband had committed suicide. That complaint was closed merely on the ground that a
case under Section 306 I.P.C. has been registered already against the applicant in
revision. No investigation was made into the allegation whether deceased Nimisha soon
before her death was being subjected to cruelty by her husband and his family
m333456embers in connection with the demand of dowry why it was so done is
anybody's guess and in this revision it is not necessary for this Court to unravel this
mystery. The matter is left for being looked into by superior police officers and to take
such action as they deem necessary against the erring official or officials.
(49)
(50) A copy of this order be sent to I.G. Police, Meerut Range for taking such action as
he may deem
 DOWRY & DOWRY DEATH

(51)
(52) Within a week of marriage, Savita Sharma's in-laws made demands for a refrigerator,
scooter, television set, and cash. Her mother-in-law verbally abused her, did not give her
enough food to eat or soap to bathe with, and locked up all her clothes. Both her mother-
in-law and her husband beat her. On one occasion, she overheard her mother-in-law tell a
tenant, "I will burn her and then give money to the police to hush up the case."Savita
Sharma's emotional and physical suffering at the hands of her husband and in-laws is
typical of what many young married women experience in India if their husband and in-
laws are dissatisfied with the amount of dowry that the women bring to the marriage.

(53)

(54) Frequently, the violence escalates and results in either the young bride's murder or in
her suicide.Sudha Jain's case istypical; her husband, her mother-in-law, and her brother-
in-law caught hold of her, poured kerosene on her body, and set her on fire.

(55)

(56) The National Crimes Record Bureau of India recorded in 1995 that an average of
seventeen dowry deaths take place every day in India.In 1994, the official number of
recorded dowry deaths totaled 4935, and in 1993 the figures reached almost 6000.Unless
India aggressively addresses the problem of dowry and dowry violence, innocent young
women will continue to die in alarming numbers.

(57)

(58) This Note proposes that the focus of India's dowry legislation be on ensuring that
women have control over the property that passes to their husbands and in- laws in the
form of dowry. Gift-giving by the bride's parents to the bridegroom's family is so deeply
entrenched that simply prohibiting dowry does not allow the conclusion that it will not be
practiced. Ensuring that the woman benefits from the dowry property, however, will
effectively raise her financial and social status in the home of the in-laws. It may also be
the only economic security for non-working women.

(59)

Page 111
 DOWRY & DOWRY DEATH

(60) India's current dowry prohibition and dowry violence laws have been largely
ineffective in curbing either the dowry practice or the violence because the laws are too
vague and do not adequately address socio-cultural constraints. Therefore, Part II of this
Note addresses the socio-cultural constraints that perpetuate the practice of dowry and
result in the violence against women. It traces the socio-cultural history of the dowry
practice in order to show that voluntary gift-giving creates incentives for violence against
women. India cannot realistically address this concern by prohibiting voluntary gift-
giving altogether; such a prohibition has potentially adverse consequences to non-
working women, for whom the gifts provide the sole source of economic security.
Nevertheless, the legislation could be drafted carefully to place a cap on voluntary gift-
giving to prevent extortion from the woman's parents and to punish stringently the
misappropriation of the woman's property.

(61)

(62) Part III of this Note examines India's legislative response to the practice of dowry
and dowry violence. Part IV analyzes the strengths and weaknesses of India's legislation,
and examines the responses of courts and law enforcement agencies towards it. Finally,
this Note makes recommendations to strengthen the enforcement of India's legislation in
light of socio-cultural constraints.

(63)

(64) II. The Definition of Dowry: Its Historical and Cultural Roots and Its Manifestation in
the Twentieth Century

(65)

(66) "Dowry" is movable or immovable property that the bride's father or guardian gives
to the bridegroom, his parents, or his relatives as a condition to the marriage, and under
duress, coercion or pressure.In the past few decades, dowry has become a means of
attaining quick money and consumer goods that provide luxuries. The bridegroom's
family expects an exorbitant dowry which has no relation to the bride's father's income
and wealth.

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(67)

(68) Frequently, the bride's parents are financially unable to pay the amount that the
bridegroom's family expects from them. Since insufficient dowries usually result in the
physical and emotional abuse of the daughter by the husband and in-laws, parents attempt
to preserve the marriage by struggling, "often desperately, to find ways and means of
raising money . . . to please" the husband and in-laws.

(69)

(70) A. The Ancient Custom of Voluntary and Affectionate Gift-Giving to the Bride,
Bridegroom, and Bridegroom's Family

(71)

(72) "Dowry" is frequently misconceived as a concept rooted in Hindu Law and as a

custom that originated in ancient times through the practices of varadakshina and
kanyadaan. Varadakshina and kanyadaan were essentially presents that the father of the
bride gave to the bridegroom and his father voluntarily, and not as consideration for the
marriage. These presents were given and received in the context of marriage as a
sacrament and not as a contract under Hindu Law.

(73)

(74) In addition to giving presents to the bridegroom and his father at the time of
marriage, the relatives and friends of the bride also gave presents to the bride. The father
voluntarily bestowed his daughter with ornaments and cash within his financial capacity
at the time of marriage. He gave these to her in lieu of a share in the immovable, ancestral
property. These gifts were meant to assist the newlywed couple in starting a new life.
Moreover, these gifts constituted the bride's stridhan, which is defined in the Hindu
scriptures (the Dharmshastras) as the bride's exclusive property.

(75)

(76) Stridhan itself is neither good nor bad, since gifts to the bride are given and accepted
in every society as a token oflove. However, stridhan is distinguishable from dowry,
which consists of material goods given to the bridegroom and his relatives. If the bride

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receives the property as a personal gift, that personal gift gives her a certain degree of
economic security and power over the control of resources in the functioning of the
home. However, the direct transfer of the property as a gift to the bridegroom and his
family in the form of dowry restricts the woman's access to it.

(77)

(78) B. The Emergence of Dowry

(79)

(80) Today, the customary practice of stridhan has given way to the contemporary
practice of dowry. Although a woman still brings cash, ornaments, and other material
goods with her to the marriage, "most of the dowry payments are not given in the name
and control of the brides." Instead, they are "handed over to the groom or his parents."
Many women assert that in the early years of marriage, their husbands and in-laws even
denied them free access to their own clothing and provided them with a set each
morning.Women often do not exercise any rights over this property, apart from those
granted to them by their in-laws. The transfer of wealth to the woman in the form of
dowry not only denies her a share in the ancestral property, but also effectively deprives
her of her stridhan.Since a woman's stridhan may be the only source of economic security
for non-working women, its transformation into dowry may make her completely
dependent on her husband and in-laws, and as a result, more vulnerable to cruelty and
abuse.

(81)

(82) The modern practice of dowry did not originate from the ancient Hindu customs of
varadakshina and stridhan, since dowry and bride burning do not exist all over India.
For instance,the Hindu community native to the Indian state of Assam does not engage in
the practices of dowry and bride burning, and they are "no less Hindu than the so called
Hindus of North India where thousands of brides are killed every year for dowry."
Furthermore, statistics provided by the National Crime Records Bureau indicate that the
practices of dowry and bride burning are concentrated in the urban areas of North India,
including Delhi, Punjab, Uttar Pradesh, Bihar, and West Bengal. Dowry deaths also occur

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among North Indian families who settled in but are not native to the states of Assam,
Nagaland, and Maharashtra.However, some states, such as Arunachal, Goa, Manipur,
Meghalaya, Mizoram, Sikkim, Daman & Diu, Dadra, and Lakshadweep, are untouched
by dowry deaths.

(83)

(84) 1. Historical Explanation for Dowry

(85)

(86) One explanation for the emergence of dowry is that it arose in the thirteenth or
fourteenth century in response to Muslim invasions and the spread of Muslim rule that
threatened the Hindu religion and worsened the economic conditions of Hindu society.To
protect their religion, Hindus became more rigid in their caste and religious observances
and sought to marry within their castes and sub-castes. Since the downturn in economic
conditions increased the difficulty of finding a bridegroom of sound economic and social
standing, parents of daughters found themselves bidding on the bridegroom to avoid the
risk of an unsuitable match. Consequently,dowry became the most dominant factor in the
settlement of marriage as it came to be demanded instead of being voluntarily offered. In
the medieval period, dowry was prevalent only among certain upper castes, especially
among the Rajput kings, but by the eighteenth century, lower castes and classes began to
practice dowry as well.

(87) Consequently, the contractual nature of marriage, which arose from a perceived
necessity to maintain cultural traditions, established a firm foundation for the
commercialization of marriage upon which the dowry practice thrives.

(88)

(89) 2. Dowry in the Twentieth Century: A Manifestation of Consumer Greed and Its

(90) Various Forms

(91)

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(92) The decline in moral values and the greed for consumer goods partly explains why
dowry in the twentieth century has assumed such alarming proportions and has permeated
even those communities and classes that traditionally did not accept the practice. Dowry
has spread to all religious communities, including Christians and Muslims in India, as a
means of achieving upward social mobility. Dowry giving and taking bears "little relation
to class, caste, educational level or working status" and the "single underlying factor is
the desire to 'keep up with the Jonases (sic)."' In other words, the financial value of the
dowry given or taken symbolizes the social status of both families, and dowry becomes
the mechanism through which the two families exhibit their wealth in order to maintain
their status with families living next door or in the same social circle or strata.

(93)

(94) This link between dowry and financial and social status helps to explain why dowry is
more prevalent in urban areas and among educated families. Urban and educated families
are more likely to be conscious about their financial and social status, and to seek to
maintain the status quo. Consequently, they view dowry wealth as a method of financing
their sons' education or repaying debts already incurred for the education of sons.

(95)

(96) Although both the givers and takers of dowry view it as a symbol of social status and
custom, the takers, the bridegroom's family, usually set the dowry rates. The bridegroom's
family has greater bargaining power to set these rates because the bridegroom's economic
value is associated with his education and earning potential, whereas the bride's level of
education and earning potential are relevant only insofar as they make her a potentially
better wife and mother. Since Indian society views marriage as the ultimate goal for
women, and since the social status of her natal family is associated with the social status
of the family that she marries into, the bridegroom's family can increase the dowry rate in
proportion to the level of education and employment of the bridegroom.

(97)

(98) Furthermore, the bridegroom and the in-laws can extract further dowry in indirect
and underhanded ways. For instance, they may change and increase the dowry rate well

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above the agreed amount after the bride is married.Thewoman becomes a continuous
source of unearned surplus as the husband and in-laws extort more and more money and
goods from the woman's parents over the course of many years by starving her, beating
her, and ultimately by threatening to desert the woman upon failure to comply with their
demands.

(99)

(100) Sometimes, the bridegroom and his family do not demand dowry at all prior to
marriage, and the demands come later. One Delhi study showed that in sixty percent of
the cases, dowry was not demanded until after marriage. After marriage, dowry was
demanded by the husband as a payment for not deserting the "highly dispensable" and
"easily disposable" wife. In eighty-five percent of these cases, the woman's parents
voluntarily agreed to these demands. They did so as most parents of daughters attempt to
do in India, because they associate marrying their daughters and giving dowry as part of
their duties as parents.

(101)

(102) Essentially, the husband and in-laws are able to extort dowry from the woman's
parents because they are aware of the stigma that attaches to a woman and her natal
family when a married woman "has been thrown out of the house." Thus, the husband's
family uses this social reality as a bargaining tool to meet its material demands.

(103)

(104) Even when the husband and in-laws do not explicitly demand cash and goods after
the initial giving of dowry at the time of marriage, they implicitly expect it as a
community tradition--as a token of respect, affirming the higher social status of the
husband and his family over the inferior status of the wife and her natal family. What was
once a casual custom of giving gifts to the bride has become mandatory as the husband's
family expects a renewed flow of gifts

(105)

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(106) when a child is born; when the child is named; when the new baby's face is shown to
the maternal grandparents; when the baby first eats solid food; when his head is shaved
off, etc. After the second child is born the whole unending cycle repeats itself with a
renewed momentum.

(107)

(108) The husband, in-laws, and Indian society generally interpret the non- compliance of
the woman's family with traditions as a sign of disrespect. Therefore, the woman's parents
attempt to meet the expectations of the husband and in-laws because they view gift-
giving to in-laws as part of their duty to their daughters. However, the decline in moral
values and the greed for material objects only partly explains the emergence of dowry
and the associated rise in the murders of young brides.

(109)

(110) 3. The Resilience of Dowry as a Reflection of Deeply Embedded Patriarchal

(111) Values

(112)

(113) The emergence of dowry also reflects the views of a deeply rooted patriarchal
society that the daughter is a special gift to be given away at the time of marriage. The
gift of the daughter does not necessarily reflect her subjugation in a patriarchal society,
but rather reflects the family's sacred duty to society to give the girl-child to another
family for whom she will bear the valuable gift of a new generation.

(114)

(115) Nevertheless, the premium placed on marriage as the ultimate goal for the daughter
perpetuates the societal view of women as economically and emotionally dependent
beings who need to be protected and sheltered so that they can assume their reproductive
functions. Within this context, dowry reflects the price that the bride's parents must pay to
the bridegroom's family to maintain the woman. The giving and taking of dowry reflect
patriarchal values and subjugates women.

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(116)

(117) These patriarchal values are deeply entrenched in Indian society, as they are passed
down through generations in the form of myths. Indian mythology portrays women as
economically and emotionally dependent on men as wives, mothers, sisters, and
daughters. Myths that portray women with intelligence, vision, and wisdom
simultaneously exhibit the desire of women to be protected and sheltered. Men expect
women to embody this definition of womanhood, and women attempt to meet these
standards. Thus, dowry is the manifestation of the political, economic and cultural
insignificance of women both in her natal family and in the family in which she enters in
marriage. Having always been considered an economic liability within her natal home,
she is considered a temporary visitor until she departs in marriage to her husband's home.
Dowry has to be given so as to compensate this non- productive being, even when the
woman is educated and has her own job and is not economically dependent on her
husband.

(118)

(119) This explanation for the emergence of dowry and its persistence in the late twentieth
century holds great weight since a woman's acquisition of higher education and earning
potential does not necessarily lower or eliminate the dowry rate demanded by the in-laws.
As one Delhi study indicates, husbands have little respect for the education of their
wives, who can also contribute to family income. Moreover, the husband and in-laws
might still expect and demand dowry despite thewoman's education and working status.

(120)

(121) In fact, a woman's education may actually increase the dowry rate instead of
reducing or eliminating it, because a higher level of education implies that the woman has
been kept unmarried for a longer period of time. Advanced age and education may reduce
her desirability in the marriage market because they may be perceived as making her less
physically attractive or less likely to be fair, shy, chaste, or obedient--qualities that are
viewed as desirable in a woman.

(122)

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(123) The social undesirability of postponing marriage for a woman beyond her late teens
or early twenties reinforces the low value accorded to the education and economic self-
sufficiency of women in Indian society. Frequently, a woman is encouraged to pursue an
education only to the extent that it places her "in the social strata of men who may be
likely candidates for marriage." A woman who acquires an education with the goal of
becoming economically self- sufficient is generally viewed as being either licentious or
arrogant. Thus, she is still discouraged, and often prohibited, by her family and in-laws
from earning an independent income.

(124)

(125) When the husband and in-laws allow the woman to work, they usually expect her to
give her salary to them. Essentially, her salary acts as a method of compensation for the
insufficient or inadequate dowry that she brings with her to the marriage. Thus, the
woman's economic dependence on men is part of the social definition of womanhood,
and the system of dowry thrives despite the increase in the education of women.

(126)

(127) C. The Nature of Dowry Violence and the Urgency of Effective Legislation
Prohibiting Dowry and Dowry-Related Violence

(128)

(129) Dowry violence occurs when the husband and in-laws are dissatisfied with the
amount of cash, ornaments, and consumer goods that the woman's family presents to
them during the first few years of marriage.Usually, it comes to light only when there is a
violation of the customary arrangements and expectations concerning a particular
marriage. We only come to know of dowry problems when one side refuses to honour its
part in the arrangements or when the other side exploits its assumed position of strength
and superiority by demanding more and more.

(130) This is because dowry is socially acceptable, and the woman's parents themselves
concede to the demands that fall within their capacities.

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(131) Ordinarily, the woman endures the violence and remains in the in-laws' home in order
to live up to the "respectable position of wife or daughter-in-law in society" and upon the
urging of her parents. The woman's parents usually encourage her to endure the violence
with "silent courage" and advise her to adjust to her new family, primarily because they
fear the stigma of a married daughter leaving the home and returning to her parents. Their
way of protecting her from abuse is to succumb to the demands of the husband and in-
laws becausethey measure her well-being in terms of remaining married. The daughter
feels duty-bound to preserve the marriage because of the huge expenditures incurred by
her parents.

(132) Because there is a socio-cultural emphasis on marriage as the ultimate goal for
women, a woman's education and her ability to earn an independent income do not make
her less susceptible to dowry-related violence and murder. In fact, her economic
independence may become another vehicle through which the husband and in-laws can
extract money from her. Any defiance on her part may heighten the abuse. For instance,
Tripta Sharma was physically and mentally harassed and tortured by her husband and in-
laws for not giving her full salary to them until one day she was burned to death in the
house of her in-laws under mysterious circumstances.

(133) Even when the woman gives her earnings to her husband or her in-laws or both, they
may still physically and emotionally abuse her for not bringing sufficient dowry to the
marriage. Despite her economic self-sufficiency, she may choose to live with the
violence until her husband or in-laws murder her as did the in-laws of twenty-seven-year
old Usha. In a letter to a friend, she wrote: "When I go back from work no-one speaks to
me. They don't offer me tiffin or coffee. My husband is a coward and I am giving all my
earnings to him." Within one year of marriage, Usha was dead.

(134) Other times, educated and economically self-sufficient women falsely believe that
they can control the abuse by using their own salaries to buy things the in-laws want, as
did Ph.D. graduate of physics SangeetaGoel. Sangeeta was acting like a "dutiful"
daughter when she told her parents that they should not worry about her and that she
would win the hearts of her in-laws. But her salary did not meet the demands of her in-
laws and five months into the marriage, on April 14, 1994, she was found poisoned in the

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house of her in-laws under mysterious circumstances.These tragic deaths support the
conclusion that the woman usually perceives two options: living with the abuse until her
husband or in-laws kill her; or committing suicide when the abuse becomes unbearable.

(135)

(136) D. Why Prohibit Dowry? Why Education and Inheritance Rights Will Not Dismantle
the Dowry System and Dowry Violence

(137)

(138) The social acceptance of violence against women in connection with dowry, and the
loyalty of women and their families to the institution of marriage, suggest that simply
expanding the educational and economic opportunities for women will not dismantle the
system of dowry and dowry-related violence. Women are likely to stay in violent
marriages despite their educational and employment status, as the cases of Usha, Tripta
Sharma, and SangeetaGoel indicate. Their assertions of economic independence threaten
the stability of the power structure in the in-laws' home and makes them vulnerable to
death by murder or suicide.

(139)

(140) Similarly, giving inheritance rights to women in place of dowry does not necessarily
suggest the conclusion that the practice of dowry and dowry-related violence will
disappear. While giving inheritance rights to women is desirable because such rights
provide women with economic security, a woman's assertion of these rights may also
pose a threat to the stability of the power structure in the in-laws' home and make the
woman vulnerable to violence in the absence of social support from her parents and
brothers.

(141)

(142) Furthermore, a woman's inheritance may only disguise the practice of dowry since
the bridegroom and his family may then seek the bride who inherits the greatest amount
of property. Consequently, the bride's life may still be in danger if her husband or in-laws
decide at some point during the marriage that the value of the property or income derived

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from the property is insufficient. Or, if the husband or in-laws find the income potential
of the property to be insufficient, they may still demand dowry to compensate for the
shortfall; if the woman's parents refuse or are unable to meet the demand, the woman
would remain vulnerable to cruelty, harassment, and murder by her husband and in-laws.
Thus, giving inheritance rights to women might transform the nature of dowry without
eliminating it and without offering real protection to women.

(143)

(144) In addition, if the woman is the sole benefactor of the inherited property, the
husband and in-laws might still demand dowry because they would not reap the benefits
of the property. Although the woman may acquire financial security through her share of
inherited property, she may be reluctant to fight for her inheritance rights at the cost of
alienating her brothers who customarily inherit all of the parents' property.

(145)

(146)

(147)

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(148) CONCLUSION
(149) According to Hindu mythology, marriages are made in heaven indeed, but
mothers-in-law, sisters-in-law, husbands and other relatives are being increasingly
involved in the breaking of the wedlock for the lust of dowry. Dowry death, murder,
suicide, and bride burning are symptoms of peculiar social malady and are an unfortunate
development of our social set up. During the last few decades India has witnessed the
black evils of the dowry death system in a more acute form in almost all parts of the
country since it is practised by almost every section of the society. It is almost a matter of
day-to-day occurrence that not only married women are harassed, humiliated, beaten and
forced to commit suicide, leave husband, etc., tortured and ill treated but thousands are
even burnt to death because parents are unable to meet the dowry demands of in-laws or
their husbands.

(150)
(151) It is quite apparent that the new member of the family may have little volition to
exercise and in such a state of affairs cannot regard her own things to be hers. Such
treatment finds roots in the traditional Hindu belief that children are the property of
their parents. Therefore, along with the son, his bride is also treated as the property of the
family where the dowry she brings is utilized as per the wishes of the in-laws and in most
cases for marrying their daughter, leaving the bride completely at the mercy of the
husband and his kin. Very often dowry is regarded as more important than the girl herself.
Little thought is given to her procreative power which seemed to have been the original
basis of marriage. She is increasingly being viewed as a convenient tool of amassing
recurring wealth and fortune. As already stated, dowry demands very often continue to be
made even after the solemnization of marriage and an unfulfilled demand may result in
the continual harassment of the bride and even death.

(152) When the humanity marched in the twentieth century with the slogans of equality
of law and equal protection of laws, such pitiable, miserable and appalling was her
condition that these slogans have no meaning for her, with the result that laws of
protective discrimination have to be enacted so that equality and equal protection of laws
have some meaning for her.

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(153) We come across the reports regarding dowry deaths, mentioned in the newspapers
daily. An accurate picture is difficult to obtain, as statistics are varied and contradictory.
In 1995, the National Crime Bureau of the Government of India2 reported about 6,000
dowry deaths every year. In 2007 dowry deaths under Section 304B of IPC have been
reported total of 8093 by National Crime Record Bureau, New Delhi3. A more recent
police report stated that dowry deaths had risen by 170 percent in the decade to 1997. All
of these official figures are considered to be gross understatements of the real situation.
Unofficial estimates cited in a 1999 article by Himendra Thakur Are our sisters and
daughters for sale? put the number of deaths at 25,000 women a year, with many more
left maimed and scarred as a result of attempts on their lives.

(154) Some of the reasons for the under-reporting are obvious. As in other countries,
women are reluctant to report threats and abuse to the police for fear of retaliation against
themselves and their families. But in India there is an added disincentive. Any attempt to
seek police involvement in disputes over dowry transactions may result in members of
the womans own family being subject to criminal proceedings and potentially
imprisoned. Moreover, police action is unlikely to stop the demands for dowry payments.

(155) Many of the victims are burnt to deaththey are doused in kerosene and set on
fire. Routinely the in-laws claim that what happened was simply an accident. The
kerosene stoves used in many poorer households are dangerous. When evidence of foul
play is too obvious to ignore, the story changes to suicidethe wife, it is said, could not
adjust to new family life and subsequently killed herself. Research done in the late
1990s6, revealed that many deaths are quickly written off by police. The police record of
interview with the dying womanoften taken with her husband and relatives presentis
often the sole consideration in determining whether an investigation should proceed or
not. As Vimochana6 (a) was able to demonstrate, what a victim will say in a state of
shock and under threat from her husbands relatives will often change markedly in later
interviews.

(156)

(157)

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(158)

(159)

(160)

(161)

(162) BIBLIOGRAPHY
(163)
(164)
(165)
(166)
GAUR K.D, THE INDIAN PENAL CODE, FOURTH EDITION UNIVERSAL LAW

PUBLICATION, 2012.
(167)
DIWAN PARAS, LAW RELATING TO DOWRY, DOWRY DEATHS, BRIDE BURNING, RAPE
AND RELATED OFFENCES.
(168)
VANDANA, SEXUAL VIOLENCE AGAINST WOMEN.
(169)
DOWRY MURDER: THE IMPERIAL ORIGINS OF A CULTURAL CRIME,BY
(170)
(171) VEENA TALWAR OLDENBURG. PUBLISHED BY OXFORD UNIVERSITY
(172)
(173) PRESS, 2002.
(174)
DOWRY AND PROTECTION TO MARRIED WOMEN,BYPARASDIWAN,PEEYUSHI DIWAN.
PUBLISHED BY DEEP& DEEP PUBLICATIONS, 1987.
(175)

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