a demands of dowry does not diminish even Moreover, she cannot take part in any religious ceremonies without her spouse. marriage. Charalambous Tower The epicenter of the problem of bride burning and other forms of dowry-related violence on women is Delhi (the Indian capital), western and central Uttar Pradesh (cities such as Kanpur, Lucknow and Agra have witnessed the highest number of deaths), and places adjoining Delhi (Haryana, northeastern Rajasthan, northern Madhya Pradesh, and southern Punjab), and the problem has largely been concentrated among the upper caste above-average Hindu communities and several states of South India like Andhra Pradesh. husband or any relative of her husband. Dowry contrasts with the related concepts of bride price Dowry prohibition Act, 1961 Shoma A. Chatterji Every Sixty-Eight Minutes, a 40-minute fictional film directed by Anindita Sarbadhikari, strikes quite an unusual note in the scheme of films on dowry deaths. There is, however, one custom that stubbornly resists change the (2) Undermining of the woman by the religious orthodox and social patriarch making herself and her family vulnerable to socio-economic pressure and extortion, (3) Ever-increasing greed of the bridegroom and his family, (4) an economically strangled hyper populated society non-supportive of unmarried women, and. it thinks fit and specify the areas in respect of which they shall exercise (ii) Death should have occurred within Seven years of her marriage (iii) The woman must have been subjected to cruelty or harassment by her husband or relatives of her husband However, few (including the educated Indian middle-class) talk about stamping out these social evils. S. 113-B raises a presumption of guilt against any person who has been proved to have subjected the deceased woman, soon before her death, to cruelty or harassment, in connection with dowry. Marriage in India is steeped in traditions and deep-rooted cultural Female foeticide is very important topic which students may be assigned to write complete essay or only paragraph during their exam or essay writing competition. 1961, is the one which is most commonly challenged since its commencement all over the country. Presumption as to dowry death CRL.A. Non-Bailable: There are two kinds of offences, bailable and non-bailable. But that must be functioning as a piece of evidence with the proper identification. Whether in a criminal proceeding a Caveat Application is legally shall not be less than six months, but which may extend two years or with I… The system was put in place due to a reason in India and that was that until a few decades back the girl child did not have any right over the parental property and other fixed assets and was given liquid assets such as cash, jewellery and other goods to give her a fair share. Dowry death, in 1986 a new offence know as dowry death was inserted Both of these were done voluntarily and out of affection and love. Short notes on Dowry Death And S 498A of IPC In 1986, a new section,S 304B was inserted into IPC to provide for stringent punishment in respect of dowry death. kind was given to a pride by her family to maintain her independence after But this section is being misused and innocents are punished. [5]. This means that the magistrate has the power to refuse bail and remand a person to judicial or police custody. [3], Section 304 B was introduced in the Indian Penal Code in order to strictly deal with and punish the offence of Dowry Death. This Section defines and punishes Dowry Death. [2]. Dowry is the sum of all the money as well as other items such as jewellery, car, furniture, and house, etc., given by the bride’s family to the groom and his family. for dowry. In short, we may assume there are four cases in which married woman is exposed to violence and abuse leading to an offense being committed. This social evil has taken lives of many innocent brides for its non fulfilment. in some instances, the in-laws of the bride are very much ready where the woman entitled to any property under sub-section (1) dies Rape, 498A etc, cannot be withdrawn by the petitioner. transferred to her parents, or if she has children, be transferred to such However, it has turned into an evil social system over the years. It was observed there that, Section 498-A has become an instrument of oppression in the hands of certain people who are seeking to get minor children; aged in-laws are being arrested on absolutely whimsical allegations. Hence in order to abolish the custom of dowry the Government enacted Dowry Prohibition Act on 20th May 1961. to inflict harassment, insults and tortures both mental and physical. In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide, or the exchange of gifts, money, or property upon marriage of a family's daughter. The state government may, by notification in the official gazette, the property settled on the bride herself, by the groom at the times of marriage It was further amended in 1986. It extends to the whole of India except the State of Jammu and Kashmir. For the purpose of this sub-section, Dowry shall have the some This Section was inserted was the Dowry Prohibition (Amendment) Act, 1986 with a view to deal with the increasing number of dowry deaths taking place in India. sec.4 . 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. These marriage arrangements reflect the generally subordinate and powerless position of younger women, and patterns of domestic violence in India are indicative of the dangerous position of custom of taking and giving dowry. It death of women caused under the above circumstance, the husband and Section 113B provides that the courts ‘shall’ presume dowry death in case of unnatural death of a woman within 7 years of marriage, where prior to death either the husband or his relatives subjected the woman to harassment or cruelty (Belur et al.2014). The provision of this Act was enforced since July 1st, 1961. The section was enacted to combat the menace of dowry deaths. One of the most widespread social evil that has plagued our modern society is the ‘dowry system’. During the ancient times dowry was considered as a custom in our country. “Gods reside there where women are worshiped”. To either party to the marriage or the any other person at or before or Even though we have to a great extent succeeded in creating awareness, the country in which we live has wide ethnic, linguistic, cultural diversities. These crucial facts are to be found in the dying declaration.” As per section 2 of the Dowry Prohibition Act, 1961 dowry is defined as "dowry includes any property or valuable security given or greed to be given either directly or indirectly: -By one party to a marriage to the other party to the marriage; or. "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 before that 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". Definition of `dowry’. Where the death of woman is caused by any burns of bodily injury or their jurisdiction and powers under this Act. And for that, the investigating agency is the only agency which can remedy this. (The term “dowry death” has the same meaning as in S. 504-B of the Indian Penal Code.) All the Female Foeticide essay are very simple and easy, written for students use. Short Essay on Dowry Death – Dowry started as a form of assistance to a newly married couple in starting their married life. And soon before her death, she was subjected to cruelty or harassment by her husband or his relative. under normal circumstances. The amount of dowry increases according to the girl’s age, fuelling the practice. dowry system in India, It has roots in medieval times when a gift in case or [10]. fine which shall not be less than five thousand rupees, but which may extend social welfare workers from the area in respect of which such Dowry This act extends to the whole of India except the state of Jammu and Kashmir. When the death of woman is caused by any burns or bodily injury, or under unusual circumstances. torture at the hands of the members of her husband’s family moreover, when The life of an average Hindu woman has always been difficult and pitiable due to existing social customs and the practices of time. 240/1998 Page 16 of 34 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 had 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. subject to such limitations and conditions as may be specified by rules made [7]. In this short story, we can conclude that Sivasothie does not need to work hard because all of hers family gathered to make her wedding looks very meaningful. Explanation- For the purpose of this sub-section, "dowry" shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (Act 28 of 1961). Explanation [8]. The … In Section 304B, it is clearly given that, for being a ‘dowry- death’ the woman must have been subjected to cruelty and the Section dealing with cruelty is Section 498A of the Indian Penal Code. One of this is Dowry death which is the most brutal and dangerous form of violation against women. This Amendment Act has also amended the Indian Evidence Act, 1872 by inserting Section 113-B therein with respect to raising a presumption of dowry death. By one party to a marriage to the other party to the marriage, or by the It has always been emphasised that ten guilty person’s can be acquainted rather punishing a single innocent person. During the colonial period, it became the only legal way to get Since they are now supporting her, the husband’s family believes that she must be considerate to their wishes. But, for the investigating officer, the problem arises when a case is registered and the persons have been mentioned in the FIR; it becomes difficult for him. Reported dowry death cases in India 2016 by major cities Reported human trafficking cases in India - by state and union territory 2016 Reported victims of rapes in India - by age group 2015 Explanation: For the purposes of this section, "cruelty" means, (a) Any willful 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. The main objective of section 498-A of I.P.C is to protect a woman who is being harassed by her husband or relatives of husband. Following are some essay on female foeticide in India. confer such powers of a police officer as may be specified in the demands of the bridegrooms party. In fact, during the early 1980s, most cities in India publicised murders of wives involved in dowry disputes. Section 498A of the Indian Penal Code provides for the definition of "cruelty" which goes on as-, Section 498A- HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTING. So, in the cases of "dowry- death’, the accused are charged under Section 304B along with Section 498A of the Indian Penal Code. It seemed that a plague was spreading and an increasing number of educated middle-class women were falling victim to it. (5) A morally deprived political system which is being run by the pro-status quo conservatives. b. and which remains under her ownership and control. By law, the police are duty bound to register and investigate a cognizable offence. agreed to be given either directly or indirectly. Dowry is the heavy amount of money that is paid by the bride’s family to the groom’s family at the time of their marriage. Cause of death, by non-communicable diseases, ages 15–34, (%) 32.3 33.0 29.5 27.5 Life expectancy at age 60, (years) 18.0 15.9 ... Dowry death rates per 100,000 people map for Indian States and Union Territories in 2012. The concept of "cruelty" varies from place to place and individual and according to the social and economic status of the person involved. Whoever commits dowry death shall be punished with imprisonment for a For safeguarding the interest of woman against the interest of woman against the cruelty they face behind the four walls of their matrimonial home, the Indian Penal Code,1860 was amended in 1983 and inserted S.498A which deals with ‘Matrimonial Cruelty’ to a woman. Either they were burnt alive or forced to commit suicide over dowry … They might also hope that some mutual adjustment might occur between the bride and her new family so that there would be a reduction in harassment and ill-treatment. It also stems from the belief that young girls can be better molded into the household roles than older girls. was enacted to prohibit in giving or taking of dowry and related offences. Ingredients of S 304B It is clear that before this offence is said to have been committed, the following conditions must be satisfied: (1) This Act may be called the Dowry Prohibition Act, 1961. daughter has no other option but to commit suicide to avoid more insult and Dowry is derived from the ancient Hindu custom of "kanyadan", where the father presents his daughter jewelry and clothes at the time of her marriage, and "vardakshina", where the father of the bride presents the groom cash or kind. notification, the Dowry Prohibition Officer who shall exercise such powers to ten thousand rupees or with both. section 30 of the IPC. Anyone who has been awake the last two decades knows how section 498-A of IPC has been heavily misused, dragging innocent men and women into police stations, lock-ups and courts, thus depriving may young children of a happy childhood, many youth of productive careers and many senior citizens of mental peace in the last leg of their lives. Pandey Yatharth Nath Pathak, Purpose of Section 304B and 498A in the Indian Penal Code. The traditionally ruling Congress party (which produced a dictatorial regime of India's only woman prime minister) caused even more woes for the oppressed. In this act, dowry means any property or valuable security given or To … connection with whose marriage it is given, that person shall transfer it to 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. permissible to be filed as pro... Legal Service India.com is Copyrighted under the Registrar of Copyright Act (Govt of India)�2000-2020. It, in all ways, was always murder. personal law (Shariat) applies. Address: Cyprus Headquarters Death, and such husband or relative shall be deemed to have caused her The elite and the bourgeois find even more reasons to overlook the mess. capitalism. If they think she is not, they may feel justified in treating her harshly, even violently. Low police officers are investigating it in a manner that is ruining the sanctity of families; minor children and girls are hauled up. In order to come into the ambit of cruelty under clause (b) by husband, the harassment must be to extract money unlawfully from the woman by the man. Demands are continuously made by the husband’s family who consider the girl’s family as a never ending source of … No. Dowry includes gifts, money, goods, or property given from the bride’s family to the groom or in-laws before, during or any time after the marriage. If she does complain, unless the abuse is repeated or extreme, most parents would probably be reluctant to intercede on her behalf with the in-laws or husband. 32 Stasicratous Street Indian law has always laid emphasis on protection of the innocent. But Delhi High Court negatives this contention and held that this section does not create situation for double jeopardy. Flat M2 meaning as in section 2 of the dowry prohibition Act, 1961. Dying Declaration is admissible in evidence being hearsay evidence. family to the bride's parent's dowry is the wealth transferred from the bride's marriage and it is shown that soon before her death she was subjected to family to the room or his family, ostensibly for the bride. The unnatural death of newly married young woman due to dowry is routine headline of every newspaper. Abuse of section 498-A has always been a matter of discussion in Rajya Sabha. cruelty or harassment by her husband or any relative of her husband for, or Under this law, a person who is convicted can be imprisoned for five years and fined up to fifteen thousand rupees. It was also stated that, in many cases, there are complaints where the provisions of section 498A are misused or abused or excessively used. The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 The woman must have been subjected to cruelty or harassments by her Dowry system refers to the custumal or cultural practice that involves giving away of a large sum of cash, property and other valuables at the time of marriage by the parents of the bride to the family of the groom. The custom however became a social evil with the passage of time. The Brahmanical-order Hindu caste system has degenerated to such an extent that it has brought about extreme misery and distress not only to the "untouchables", but also to artificially formed "inferior" groups belonging to the same social stratum or caste. (37th Chapter of th... How To File For Mutual Divorce In Delhi Dowry-related violence is a serious problem that affects the lives of women and girls. Violence against women – contrary to hopeful parents, dowry is often not a one-time pay up. It was in Hyderabad in 1975 that the Progressive Organization of Women organized formal protests against … In fact, most dowry deaths have occurred in the upper strata of Hindu communities, i.e., the Brahmins (the caste of priests cum the Kings' policy-makers), Kshatriyas (the caste of warriors now-turned politicians), and Vaishyas (the traders now-transformed sponsors of conservative parties). Conclusion Topic- Section 304B and 498A: Weapon or Shield, Prof. K.A. occurs otherwise than under normal circumstances within seven year of her The exception is in the state of Andhra Pradesh, where 498A was made compoundable. On proof of these facts to the satisfaction of the Court under the circumstances of a particular case the husband or the relatives of the husband shall be presumed to have treated the woman with cruelty. Most killing of women for non-payment of "promised" dowry have so far occurred in the urban affluent upper-caste Hindu communities. While bride price or bride service is a payment by the groom or his under this Act, appoint an advisory board consisting of not more than five The expression "cruelty" takes within its sweep both mental and physical agony and torture. death. Kinds of cruelty covered under this section includes following: (b) Cruelty by deprivation and wasteful habits, (f) Cruelty by non-acceptance of baby girl. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. In ‘Inder Raj Malik and others vs. Mrs. Sumita Malik’, it was contended that this section is ultra vires Article 14 and Article 20 (2) of the Constitution. This section gives wide discretion to the courts in the matters of interpretation of the words occurring in the laws and also in matters of awarding punishment. if any person fails to transfer any property as required by sub-section Not to speak of the things they are persistently demanding from the girl’s side, the fact that a large number of articles were taken by her father after her death from her matrimonial abode, showed that there was pressure being exerted on-in laws and continued to be exerted till death for more money and articles. Nothing contained in this section shall affect provisions of sec.3 or Nicosia 1065 There have been many acts which oppressed the women and their liberty and freedom and exposure to the world of these criminals and their heinous acts would perhaps draw attention of women warriors and their supporters from all over the globe. in the IPC by the virtue of section 304-B. sub-section(3), he shall be punishable with imprisonment for a term which bride’s parents who have to bear enormous cost to satisfy the unreasonable the state government may appoint as many dowry prohibition officers as A Sec 498 A case can be filed for any of the following reasons, none of which has anything to do with the original intent of the law: [9], A woman does not get along with her husband, A woman does not get along with her husband’s family, A woman marries a man with the sole intention of obtaining a divorce and extorting money (Yes! married, with the British making the practice of dowry mandatory. -Section 304B of the IPC relates to dowry deaths, or the death of a woman in the initial seven years of marriage as a result of a dowry demand by her husband or his family/relatives. Prohibition Officer exercises jurisdiction under sub-section(1). The harassment has to be with the object to coerce the woman or any person related to her to meet any unlawful demand. marriage of a daughter. The Dowry Prohibition Act was passed in 1961 but it has not been effectively implemented. Every Dowry prohibition officer shall exercise and perform the following Dowry Deaths: Essay on Dowry Deaths in India! Dowry system entails giving huge amount of cash, jewellery and other gifts to the groom’s family by the bride’s parents as a condition at the time of marriage. Social awareness, especially amongst young men, needs to be developed through public campaigns. the woman. It is true that the hardships and sufferings experienced by woman of all communities, minority as well as majority, cannot be overlooked with the help of persuasive or effective freedom of religion. 498A is non bailable. Being related to a man married to such a woman can also lead you to be victimised. term which shall not be less than seven year but which may extend to A woman’s family is overbearing and it decides to run the married daughter’s life but her husband finds it inappropriate and resists. The reasons due to which the problem of dowry death is increasing rapidly can be summarised as under-. In the leading case of ‘Wazir Chand vs. State of Haryana ’, involving the death by burning of a newly married woman, the circumstances did not establish either murder or an abetted suicide and thus in-laws escaped the jaws of section 300 and 306, but they were caught in the web of this newly enacted section for prevention of harassment for dowry. Twenty-one dowry deaths are reported across the country every day, but the conviction rate is only 34.7 per cent. belief practices are passed down by word of month and in some case, with the was made out. The issue of women’s rights and family law reform has been increasingly entangled within the polemics of politics and minority rights. Short and Long Paragraphs on Dowry System Paragraph 1 - 100 Words . Essential Ingredients of Dowry Death are as follows : (i) Death of woman should be caused by burns or bodily injured or otherwise than under normal circumstances. The husband's family may make little accommodation to the bride, but expect her to adjust to them. before receiving it, the heirs of the woman shall be entitled to claim it It does not confer arbitrary powers on courts. children and pending such transfer, be held in trust for such children. Nevertheless, the newly wedded bride is expected to switch her principal loyalty overnight to her husband's family. 498A is a cognizable offence. The provision under sec 304-B are It can have dire consequences on your life. Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. under this Act. The expression Valuable Security has the same meaning as in imprisonment for life. And the aforesaid two facts spring within seven years of girl’s marriage. The state government may, for the purpose of advising and assisting the Long and Short Essay on Female Foeticide in English. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). If the girl returns to her parents' house because of quarrels with her husband, this brings shame on her parents' family and prevents the marriage of any of her sisters. Where any dowry is received by any persons other than the woman in , Purpose of section 304B and 498A in the state of Jammu Kashmir... Otherwise under normal circumstances especially amongst young men, needs to be.... 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Officers are investigating it in a manner that is now turned into a evil! Most marriages are arranged with the related concepts of bride price and dower Act on 20th may.. 32 Stasicratous Street Flat M2 Nicosia 1065 Cyprus, Copyright short note on dowry death 2020 UniAssignment.com Powered... Related to her husband or relatives of husband long and Short Essay on Female Foeticide in India agency which remedy... Very much ready to inflict harassment, insults and tortures both mental and physical there is no particular form violation! Her death, in all ways, was always murder same meaning as in 504-B! Know each other well the Female Foeticide in India publicised murders of wives involved in dowry disputes 4 of bride... Indian society meaning as in section 30 of the Indian Penal Code. at the marriage of a of. This Act extends to the girl ’ s age, fuelling the practice of dowry increases to... 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