NAME OF THE STUDENTSNAME OF THE STUDENTS

BHAVIK TILIABHAVIK TILIA 148148ARJUN SINGHARJUN SINGH 108108NIKHIL SHAHNIKHIL SHAH 9797KAMAL KHETPALKAMAL KHETPAL 163163NITESH CHANDWANINITESH CHANDWANI 166166

DEFINITIONDEFINITIONUNDER Sec 304 B The definition of "Dowry" includes any property or valuable security given or agreed to given by either directly or indirectly: By one party to a marriage to the other party of the marriage or By parents of either party of a marriage or by any other person, to either party of 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.

INTRODUCTIONINTRODUCTIONOf the various atrocities against women, the most rampant and widespread one is "DOWRY."  Though we have various acts which deal very strictly against those crimes, it is still found in most places. Why is it so? Inspire of the awareness that is being created everywhere, how can this social evil be eradicated altogether? This is a question where the answer lies with the younger generation than the older ones.  Being a law graduate and interested in the welfare of the women in particular, let me it is my ardent duty to bring to light some of the essential acts pertaining to this "EVIL."

VARIOUS ACTS AGAINST VARIOUS ACTS AGAINST DOWRY DEATHSDOWRY DEATHS

Dowries:Gifts given by the parents of the bride are considered "stri-dhan", i.e. property of the woman, traditionally representing her share of her parent's wealth [1].

1. The 1961 Dowry Prohibition Act:

This act [1] 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, or a fine of up to Rs. 5000. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states.

2. IPC Section 304B:

This Section of the Indian Penal Code was inserted by a 1986 amendment. The Dowry deaths law[2] defines a 'dowry death' as the death of a woman caused by any burns or bodily injury or which does not occur under normal circumstances within seven years of her marriage. For a woman's death to be a dowry death, it must also be 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. If this is proved, the woman's husband or relative is required to be deemed to have caused her death. Whoever commits dowry death

is required to be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

3. IPC Section 498A:

Section 498A was inserted into the penal code in 1983 it reads: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.

Police often file charges against the husband, his parents and other relatives (whoever being named on the complaint by the wife or her close relatives) and put them in jail. There is no penalty (even a fine) for filing a false case. Many individuals have claimed this is being abused by the wife or her close relatives.

4. Section 176(1), Criminal Procedure Code (Cr. P. C.) provides inquest by executive magistrate and section 174(3) (Cr. P. C.)

provides as follows:

When (1) The case involves suicide by a woman within seven years of her marriage (ii) The case relates to the death of a woman within

seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman, or (iii) The case relates to the death of a woman within seven years of her marriage and any relative of the woman has made

a request in this behalf, the police officer will forward the body for autopsy to the nearest medical officer.

5. Section 113 A, Indian Evidence Act (IEA). Presumption as to abetment of suicide by a married woman:

Dowry deaths depending upon the causes and medico legal significance, are broadly grouped Under the following categories :-a. Deaths due to Burnsb. Deaths due to Drowningc. Deaths due to Asphyxia inclusive of Hanging, Throttling, Strangulation, Smothering etc.d. Deaths due to Poisoninge. Other miscellaneous causes.

All these categories have different legal values and therefore a critical analysis of these cases has to be Undertaken, taking into consideration, history circumstantial evidences investigating officers report, postmortem reports etc. Majority of dowry deaths are due to burning, poisoning or drowning where cause of death can be clinched easily, yet great care must be taken to find out truth and the exact cause. In almost all cases victims are usually young roamed females. Many of these cases are labeled as accidental deaths to hide the crime, but actually speaking these are turned to be homicidal in nature. So, in all such cases, it is the prime duty of forensic experts to ferret out the actual cause of death on the basis of different diagnostic criteria.

6. UNDER SECTION 406:

Section 406 prescribes imprisonment of up to three years for criminal breach of trust for not returning a woman's dowry, if a woman demands it after her marriage breaks down. Section 406 is one of the few clauses in the law that has proven useful for women with a genuine case because it helps in the retrieval of dowry where the husband or in-laws are unwilling to return the goods that came as dowry. If a person fails to comply with the court's direction to transfer a woman's dowry within the specified period, an amount equal to the value of the property may be recovered from him.

CASES RELATED TO DOWRY CASES RELATED TO DOWRY DEATHSDEATHS

May 27: Young housewife burnt alive for dowry:

LUCKNOW: For nineteen-year-old Rinki dreams of a happily married life was never to be. Barely a month after her marriage, she was allegedly tortured and then set ablaze by her in-laws for dowry in Indiranagar in the small hours of Saturday. Daughter of late Gyan Chand, a fish contractor who expired a year ago, Rinki was married to Anil on April 19... However, soon after the marriage, Balakram [Anil’s father] demanded a color television instead of a black and white one and a motorcycle as well. When Rink’s mother failed to meet their demands, the teenage housewife was subjected to severe physical torture, allegedly by her husband and mother-in-law... On Saturday morning she [her mother] was informed that Rinki was charred to death when a kerosene lamp accidentally fell on her and her clothes caught fire. However, prima-facie it appeared that the victim was first attacked as her teeth was found broken. Injuries were also apparent on her wrist and chest.

Two dowry death cases in 24 hours:

NEW DELHI, AUG. 7. Two cases of dowry-related deaths have been reported from different parts of the Capital since Friday evening.

In the first case, a 22-year-old woman was set afire allegedly by her husband at Sarai Rochelle in North Delhi. According to the police, Anita, wife of An and, was admitted with 65 per cent burn injuries at JPN Hospital on Friday evening. In her statement to the sub-divisional magistrate, Anita alleged that An and had set her afire after dousing her with kerosene oil. She also complained that An and was harassing herself for more dowry. The Sarai Rohilla police have registered a case and arrested An and. Further investigations in the case are on.

In another case, a 22-year-old woman was found hanging in the house of her in-laws at Jahangirpuri in North-West Delhi on Friday. Later, the family members of the deceased, Chanchal, daughter of a senior scientist, complained that they were informed of the death after about 12 hours. Investigations revealed that Praveen, who was unemployed, had been given Rs. 1 lakh in dowry at the time of the marriage about a year ago. However, he was allegedly harassing Chanchal for more. On the other hand, Praveen allegedly consumed some poisonous substance in an apparent bid to commit suicide. He has been admitted at Bhatia Nursing Home. Jahangirpuri police have registered a case of dowry death and have arrested Praveen's parents, Jai Lal and Rama. Further investigations in the case are on.

How can you participate in this campaign against dowry..

1. Sign the pledge to demonstrate solidarity2. Make a donation to an organization fighting dowry, on the occasion of your marriage or a marriage in the family or your wedding anniversary, as a gesture of support. 3. If you are a creative person - Design banners, posters and flyers.4. If you belong to some social forum, give our campaign a voice and a platform to reach out to more people 5. If you are a journalist / writer, write articles about this campaign. 6. If you belong to social organizations in India / US / any other country and are already working on dowry, help us join hands with your efforts. 7. If you are an artiste / dancer / singer / instrumentalist, please use art as a medium to voice your solidarity. 8. Share your personal stories to inspire many more.