The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
It is rightly said, “Corruption is on Hype,
Even the brides have to bribe their
Grooms to become their wife!!
Dowry has been recorded as the most prevailing offence in almost every household in India. The concept of dowry is not new in India but it has been prevailing since centuries. Dowry refers to those things which has some monetary value and used as a condition in marriages. If the dowry demands are fulfill, the marriage happens.
It is a kind of take and only take relationship between the bride’s and groom’s family. Dowry can be anything like cash or some gift which includes gold items, costly things like bed, fridge, electronic appliances, furniture, household items, utensils, crockery to the groom’s family after marriage. Dowry has also a different name and it is usually with this name across Indian sub continent i.e. ‘Dahez’. The origin of the term ‘Dahez’ can be traced from Arabian states. According to section 2 of the Dowry Prohibition Act of 1961, dowry means “any property or valuable security given or agreed to be given either directly or indirectly.”
Most of times, dowry is given out of happiness and love rather it comes with a huge burden on the family of the bride.
Before 1961, there was no objection found with regard to this dowry system in India but since 1961, the dowry practice has declare as illegal in India. Even if dowry is an offence now but it is still prevailing in India which is the main reason behind the mental harassment to the women community and also leaves them vulnerable to domestic violence, marital rape and at last to death.
Some reports also stated that, the number of cases file under the Dowry prohibition Act was 739 in 2019. We can also see that this number only belongs to the cases which have been registered. There might so many dowry cases which are still not report.
The worst part is that in India, around 80% of the accuse are acquit in dowry cases due to lack of implementation of anti-dowry laws in India.
Everything comes with a history of its own. It is believe that Abu Ryhan al- Biruni who is popularly known as Al- Biruni was the first person to find about the dowry system in India. He was a famous Persian scholar who came to India for research purpose and lived in India for around in 16 to 17 years. Wrote a memoir on Indian culture and life. He also claimed that during 11th century, a daughter was having legal right to inherit from her father, but only a fourth part of her brother’s part. This amount by her during her marriage. He also stated that after marriage, a woman had no right on the income of her parents.
Another historian named Stanley J. Tambiah claimed that Manu Smriti; the first legislation of Ancient India allow dowry and bride wealth in ancient India but dowry was the more prestigious kind and it was link with the Brahmanical caste whereas Brideswealth prevail among the lower caste and they were restrict from giving any kind of dowry.
Along with that Tambiah added that it was purely a give and take relationship as the groom family gave bride wealth and the bride’s family gave dowry during the marriage. The only difference is that one practice occurred in the higher caste and one in the lower caste.
M.C.Donell and Witzel also that brideswealth was in brahma and daiva marriages. Hence, Evidences proves that bride price was common rather than dowry and because of which most of the boys remain unmarried during that time.
Gradually the concept of bride price was change into dowry and it prevail all over India.
Dowry is not only limit to India but it has a prevailing in many countries of the world. It’s already 21st century but dowry as a major social evil is still capturing and degrading our Indian society.
IPC- Dowry found its place as an offence in the amendments made in the year 1983 and 1986 after its constant failure in dowry legislation and high rates of dowry death. Under the Indian Penal Code, two new offences were include. Section 304 B as dowry deaths and section 498A as cruelty from husband and in-laws. Under section 304 B, the dowry death has explained and said as the death caused to a woman through burns or any bodily injury and under any unnatural situation within 7 years of her marriage. The imprisonment can extended to seven years along with fine in this case. The condition of seven years was decide in the case of State of Punjab Vs. Iqbal Singh (1991) 3 SCC 1.
In the same way section 498 A is impose when the husband or in-laws subjects the women to cruelty or harassment. Here the imprisonment can be upto three years and also fine. Cruelty refers to both physical and mental torture.
In the case of Vijeta Gajra vs. State of NCT Delhi AIR 2010 SC 2712, it was held that foster sister is not relative within the ambit of section 498A, IPC to fix liability for causing cruelty against the complainant.
Apart from it, section 302 speaks about intentional death of woman and section 306 states about abetment of suicide of woman.
CrPC- Similarly under the Criminal Procedural Code (CrPC), section 174 and 176 deals with the investigations and inquiries into the causes of unnatural deaths by police and magistrate respectively. The executive magistrate can also enquire about the death of women in some circumstances.
Indian Evidence Act- Even under section 113-B of the Indian Evidence Act, there is a provision that is called as presumption in cases of dowry death. In the case of State of West Bengal Vs. Orilal Jaiswal (1994) 1 SCC 73, it stated that in spite of presumption the standard of proof and the defence will be the same.
Most of the times, the provisons under the IPC has been criticize because of the continuous misuse by people.
In the case of Preeti Gupta Vs. State of Jharkhand & anr (2010) 7 SCC 667, section 498 A was challenge and the court stated about the possible misuse of anti-dowry laws and direct for an investigation.
As it has already been mentioned that dowry is something which means any property. Or valuable security given during the marriage.
It is –
In the case of Rajeev v. Ram Kishan Jaiswal (1994) CrLJ NOC 255 (All), the court held that any property does not mean. In consideration to marriage but it can also be apart of dowry or dowry itself.
Section 3 of the Act states that if any person gives or takes. Or even abets the give and take process of dowry. Then he shall face the imprisonment. Of the term not more than 5 years and fine not less than fifteen thousand.
Similarly section 4 states about the penalty for demanding dowry which is an imprisonment of not less than six months. And also the term may extend upto two years. Along with that fine can be impose upto ten thousand.
Laws and regulations have perfectly drafted in India but the problem remain on the part of implementation.
Problem remains within the people of our country which need to be sort out. And we need to educate people about the disadvantages of the dowry. Dowry is illegal in India and it has criminalized under the Indian Criminal Law. The main problem is that though it is criminalize still the anti dowry laws are not properly instill. The government should take effective decision on proper implementation of it.
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