They even requested all the possible judges to review their decisions so that the resultant is a harmonious family. My bhabi committed suicide in january when no one was at home. Intersection of Cruelty and Dowry Death It was held by the Honorable Apex Court in Shanti Vs State of Haryana, that Section 304B and 498A are not mutually exclusive. It punishes such demands of property or valuable security from the wife or her relatives as are coupled with cruelty to her. Trivnd Smriti Singh December 2014.
India has by far the highest number of dowry-related deaths in the world according to Indian National Crime Record Bureau. Husband or relative of husband of a woman subjecting her to cruelty. The methods of death include suicides, fire and other forms of domestic violence. But there is an old adage that extremes make bad laws. This misuse of the Section 498-A is evident from the high number of cases pending in various courts across the country. It was introduced in the code by the Criminal Law Amendment Act, 1983 Act 46 of 1983.
According to this section, when the death of a women occurs by burning, bodily injury ir any other abnormal circumstances within 7 years of the marriage and it must be shown that she had been subjected to cruelty or harassment prior to her death by the husband or his family in connection with dowry. An ordinary murder is committed in a fit of rage or for property, but a dowry death is not just an ordinary crime, it is a social crime. Section 498A of the Indian Penal Code required the bridegroom and his family to be automatically arrested if a wife complains of dowry harassment. While dealing with such cases, the law laid down relating to circumstantial evidence has to be kept in view. Requiring prosecution to prove these ingredients beyond a reasonable doubt would defeat the purpose of S. Not any suicide not found.
Article 42 directs the State to make provisions for just and humane conditions of work, and maternity beliefs. Hence the case was decided in the favour of the accused. The burden of proving that an offense was not committed is on the persons charged and not on the victim or her family. Dowry-related violence and deaths in Iran are reported in Iranian newspapers, some of which appear in English media. If evidence does not show that the woman was physically harassed, then the court does not look into the case. According to him, the marriage took place sometime in April — May 1987.
In such a context, it must be stated that the families of both the husband and wife must be in good terms and free from any financial liabilities between them. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage. As a societal evil it not only degrades the institution of marriage but also violates and diminishes the dignity of the women. Quite recently, the Supreme Court has ruled that a person cannot be convicted for merely demanding dowry unless the demand is followed by mental or physical cruelty resulting in the death of the victim. The deceased died under unnatural circumstances within seven years of the marriage.
On March 9 , 2009, at a press conference in Washington D. In the case of D. In some cases, dowry is used as a threat or hostage type situation, in order to extract more property from the bride's family. It is increasing day by day owing to prevailing socio — economic fabric and life style in the family. I suffered like hell there whereas myin laws enjoyed whole scene. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of the.
The distinction between the different possible causes of dowry death needs to be sought, for which punishment would need to be awarded accordingly, as opposed to one punishment for any offence falling under that section. Dowry death has thrown a major challenge to the police personnel, medico legal experts as well as to judicial officers not only to wipe out this social menace but also to penalize the culprits in deterrent manner. In section 304B of ipc it is stated that if in-laws prompted bride to commit suicide, it is willful murder. Ramachandranwhere the court did notice that the reverse trend and asked the law Commission and Parliament to make the offence a non-cognizable and bailable one. As stated earlier many a times this victim turns into the abuser and is clearly not wronged but instead wrongs the husband and his family for no fault of theirs. Moreover, dowry leads to the commitment of offences against the bride and later on the wife in an attempt to get the dowry.
They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths and cruelty. The Court also held that a respectable lady cannot bear this kind of false allegation levelled against her and this must have mentally tortured her. Such cruelty could just be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands. But by misuse of the provision a new legal terrorism can be unleashed. The Investigating Officer filed a charge sheet. There is no doubt a universal idea of cruelty yet the core issue here is subjective. Hence, in an end number of cases we find that a number of judges have tried to define cruelty in many ways.