AMITY LAW SCHOOL

Imperial Research ProjectTopic Dowry System in India

Submitted To :- Submitted by:-Dr. Ajay Bhatt Kimmi Ahuja Professor in ALS LLM 1st Semester

AMITY UNIVERSITY HARYANA

Acknowledgement

This research would not have been possible unless Dr. Ajay Bhatt and Mr. Pranshul Phatak had guided and motivated me. I am grateful to you sir for your proper guidance. I please to conduct and owe my deepest gratitude and respect to you sir and it is an honor for me to complete my research work under you surveillance and guidance. You have given to me new way of thinking and new ideas.

TABLE OF CONTENTS

Chapter 1. Introduction of Dowry.Chapter 2. History of Dowry SystemChapter 3. Causes of DowryChapter 4. Effects of Dowry..Chapter 5. Various acts related to Dowry..Chapter 6. Cases related to Dowry.Chapter 7. Conclusion & Suggestions..Chapter 8. Bibliography.

Table of cases:-

Table of Statutes:-

Indian Penal Code, 1860 Evidence A CRPC Dowry Prohibition Act

Research Methodology

Sample: - For the present study the sample consisted of 20 respondents who were all students of Amity University Panchagon district of Haryana State. The students are belonged to different states and culture.Tool:- A sample of questionnaire is developed for the collection of data related to major aspects of abortion and their views personally.

The methodology adopted is doctrinal based on primary and secondary as well as web source. Legal prepositions, case laws, Books, articles and other sources are being anaylised by application of logic, ethics and requirements of the day. This has been an anaylatical and descriptive study the conflicting trends therein.

CHAPTER 1

INTRODUCTION

This project report discussed about Dowry System, Dowry Act, Dowry Death Cases, Dowry System India, Dowry Indian tradition, demand money gifts eve of wedding, Brides harassed bring more dowry, Young girls commit suicide burnt by their in-laws, Dowry system prevalent Indian society, sake of Dowry.The modern definition of dowry: Dowry is the payment of cash or any other valuable gifts given in demand to the bridegrooms family upon marriage.The problem of dowry has risen from past so many years. In spite of the Laws that the Government has laid down, no strong action is taken whenever a bride and her parents are encircled with this demon.A verbal contract is accepted. The grooms family keep demanding for all riches and wealth, and the poor parents of the bride keep fulfilling , just for their daughters happy married life and not to be missed the big society. The origin of dowry system in India is not distinctly known. In the Vedic period, the family of the bride would accept gifts and money from the grooms family. It was this system that led to the present day dowry system in India.Dowry is derived from the ancient Hindu customs of kanyadan and stridhan. In vardakshina , the father of the bride presents cash or kind. All of these could be done voluntarily and out of affection and love.Satyamev Jayate[footnoteRef:1]dealt with the ill-effects of dowry in its third episode. You may say this topic has been covered innumerable times but Aamir Khan does it in a surprisingly different, more refreshing way.The horrifying images of women burnt over dowry that we expected are not shown. Unlike the first two episodes, he keeps the shock value and tear jerking elements to the minimum and chooses to deal with the topic through a positive approach. He shows that the dowry system is prevalent across the nation (except north eastern states), social strata and religion. The evil of dowry is all-pervasive, yet it is not impossible to fight it. Thats the message he gives through the third episode of Satyamev Jayate. [1: http://www.bollywoodlife.com/news-gossip/satyamev-jayate-episode-3-aamir-khan-exposes-horror-of-dowry-death/]

Definition of Dowry

Oxford Dictionary Defines as(1) Money and for property that, in some societies, a wife or her family must pay to her husbanded when they get married.(2)Money and or properly that, in some societies, a husband must pay to his wifes family when they get married

The Prohibition of Dowry Act 1961 Defines Dowry as,Any property or valuable security given, or offered 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 the marriage or by any other person to either party to the marriage as consideration for the marriage of the said parties.

Dowry in the payment in cash or and kind by the brides family to the bridegrooms family along with the giving away of the pride in Indian marriage. The Indian term for Dowry is called as Kanyadaan it is an important part of Hindu marital rites. Kanya means daughter, and Dana means gift. Dowry is derived from the ancient Hindu customs of Kanyadan and Sridhan. In Kanyadan the father of the bride offers the father of the groom money or property, etc. Whereas for Sridhan, the bride herself gets jewelry and cloths at the time of her marriage usually from her relatives or friends.

Objectives of Study:-The major objectives regarding my study are following:- To increase the level of Awareness about the dowry system among the students of university. To analyzing the factors and causes responsible for dowry as per the opinion of the sample. To aware about the dowry death in India as per the sample questionnaire. To getting views of students regarding level of legalization of dowry system. To aware about punishments under Dowry Prohibition Act and IPC.

CHAPTER 2

HISTORY OF DOWRY SYSTEMDowry is derived from the ancient Hindu customs of "kanyadan" and "stridhan". In "kanyadan", the father of the bride offers the father of the groom money or property, etc. whereas for "stridhan", the bride herself gets jewelry and clothes at the time of her marriage, usually from her relatives or friends. In "varadakshina", the father of the bride presents the groom cash or kind. All of these could be done voluntarily and out of affection and love. But, in course of time, it became a crude institution resulting in female infanticide, suicide, bride-burning and other indignities and cruelties. The problem of dowry has become a serious social evil among the upper castes and middle classes both in towns and villages. It is a shame that reaching at modern age, the dowry system is still prevalent in our society. Like untouchability and caste system, dowry system is not only a mere evil but also a criminal offence.Wedding are no longer happy events, but keep the brides, parents on tenterhooks lest the grooms family demand unreasonable gifts on the eve of the weeding. In fact, quite often, the greedy groom or his parents do demand gift in cash or kind such as a motor car, video, etc. which the girls parents may not be able to fulfill. Then they are caught between the devil and the deep sea. Breaking off the wedding at the last minute brings infamy to the girl. Very often false, malicious stories are spread about her so that reengagement and marriage becomes difficult. Often girls are driven to suicidal lengths because of the tension created by such a situation.Another technique adopted by the boys family is not to make unreasonable demands before the wedding, but harass the girl after the wedding to induce her to request her parents to give the gifts they ask for. The girl is taunted at every step and her life is made a virtual hell until she can fulfill the unreasonable demands of her husband and in laws. Another ploy used by such uncouth people is to pack the bride off to her parents house and told to come back only if she can induce her parents to give more dowry.Women in India are great victims of dowry system in our society, the male-dominated society. Dowry is illegal only on paper, in judiciary, or in legislature benches. Practically the daughter-in-law is generally treated as the goose that lays the golden egg. Once they stop laying egg, they are tortured both mentally and physically. Also those victims are driven out to leave the house or commit suicide.

CHAPTER 3

CAUSES OF DOWRY

1. Poverty is the main causes behind dowry. People often take dowry to reduce their Poverty.2. Because of the Illiteracy, most the people are unaware of the effect of dowry.3. Narrow mentality behind the dowry system.4. Negative attitude towards the women.5. Lack of womens Education in Families is the reason for giving dowry. 6. Lack of decision making power of womens in family because in India, families are ruled by father .Because of that the position of woman in a family is much disagreed.7. Women are less independent then men. In India, most of the women are housewives and have less economic power to control the family. Because of dependency women become a burden in a family. 8. Sometime bridegroom wants money to do business or want to make his life settle with that money. 9. In a town, people think that giving dowry in a marriage creating more status in society.10. In the village if brides are not beautiful to look at or if they get late married then they are to give a lot of money as dowry to the bridegroom.11. Dependence on husband and living on their income, social corruption and so on are the main causes of dowry.

CHAPTER 4

EFFECTS OF DOWRY

PROBLEMS OF THE PARENTS1 Emotional Disturbance, Psychological and Social Maladjustment of Parents At one time, dowry used to be accepted by the grooms party but now it has become to the demanded. The result is that from the day of the birth of the girl, the problem of dowry haunts the minds of the parents. And if by misfortune, a man has three or four daughters; his whole life is passed in solving only one problem how to arrange the marriage of his daughters. This leads to emotional disturbances, psychological and social maladjustments.2 Economic StraitsThe dowry system was forced upon the society in the olden days. Whatever they earn, they spend on maintaining the family standard in providing the necessities of family, educating children, and meeting various social obligations. The result is that to marry their daughters, they have to borrow money, especially when huge demands are made by the boys side.

3 Adopting Social Corruption of Foul Means of Earning Parents of moderate means find it extremely difficult to meet out the expenses covering dowry and all extravagances connected with the marriage. Compulsion surely breeds corruption and so sometimes the parents of the girl will have to resort to foul means to make money to meet the dowry demand. Thus the girls parents indulge in malpractices in order to give money to their daughters.4 Hard Works of the Parents Because of demanding huge amount of dowry the parents have to work hard to provide the boys with good dowries. The parents are ready to do all kinds of works in order to get money so that they can give enough dowries to their daughters. Because of their hard work they have to face physical as well as mental sickness.

PROBLEMS OF THE GIRLS

1. Female Infanticide In many families, birth of a daughter was regarded as a curse till 18th century and there were cases when daughters born in the family were put to death. Since it was impossible to determine the fetus sex there is no alternative in a poor or middle class family except to kill the daughter in infancy.2. Abortions after Determining Sex of Fetus Abortion is the termination of a pregnancy. The invention of determination of sex of fetus has increased the incidence of abortion or medical termination of pregnancy, when it is determined that the fetus is of a female, without considering the psychological effect or physical health of Amniocentesis. IN India, the middle or middle high class families are undergoing the process of the determination of sex, of the coming child so that risk of the child born as female child can be avoided. 3 . IlliteracyLiteracy is defined as the ability both read and to write at least a simple message: illiteracy, conversely, is the lack of such ability. Many people think that it is wastage of time and money to give education to their girls. Parents have negative attitudes towards the girls education.4 More Labour Burden Since parents are not able to arrange sufficient amount of money for dowry, they will allow their daughters and sisters to take up a job and earn some money to be utilized at the time of their marriage. The girls are asked to leave their schooling and forced to work.5 Immoralities When the girls join to work in order to get money and when these originally innocent girls come into contact with boys who work with them in offices, educational institutions, firms and companies etc. The false promises by these boys of a bright future will mislead the girls, and thus misguided. It is easy for a boy to escape from the dangers of loose sex-morality but it is difficult for a girl to hide her shame, particularly when she becomes pregnant.

6 Psychological Suppression of the GirlsThe boy accepts a girl who belongs to a well off family, highly educated, in service, and earns. His likings do not end here. He also wants a girl whose parents can pay him much at the time of marriage. There are cases where the girl is highly educated, cultured, homely, and accomplished, but not accepted as a wife only because her parents are not able to give much.7 SuicideDowry system is a great pernicious evil. It will draw many girls to suicide, to save their parents from economic drudgery. When the engagement is broken due to dowry the girl begins to live in the society with a sense of insecurity, develops an inferiority complex, and remains emotionally suppressed. She feels herself to be a burden on her parents and sometimes in that gloom and mental weariness is prone to commit suicide.8 Affinal RelationsThe parents who cannot afford to pay dowry to marry their daughters consider them a burden for the family. Similarly, brothers consider their sisters as barriers in the achievement of their aspirations. As a result, many a time the treatment given by parents and brothers to girls in the family disrupts harmony in intra-family relations.

PROBLEMS OF THE MARRIED WOMEN

1 Family Conflict Dowry system leads to family conflicts. When a mother-in-law does not get dowry to her satisfaction, she maltreats her daughter-in-law and abuses her father, mother and relatives. The emotional shock on the part of the girl and the authoritarian personality of mother-in-law will lead to family conflicts.2 Conjugal Disharmonies Dowry affects the marital relations in a sizeable proportion of married couples. This is mainly so because the present day youths threaten their wives with desertion if they do not bring enough dowry from their parents. This social evil of dowry is the major cause of breakdown of marriages.3 Lowering of Womens Status The boy used to think of himself a dignified individual and views the girl as a subjugated entity with an inferior and degraded status. At parents house she is treated as a burden and in the matrimonial home, the dowry she brings is more important than her person... The in-laws of the bride in an attempt to extract more and more dowry create an atmosphere of harassment and cruelty. Generally it is found that a wife coming to the matrimonial home without dowry is subjected to many humiliations. She as an individual has no utility unless she brings dowry.4 Womens Oppression/abuse/maltreatment Dowry is the symbol of women's oppression. She goes into her matrimonial home with gold and accompanied by dowry which her parents have bought with their blood and sweat and thereafter, pushed into a life of subservience. It gives to man the right to put a price on her and accept or reject her marriage according to the money and goods she brings. 5 Dowry Deaths A dowry death is defined as the unnatural death of a woman caused by burns or bodily injury occur if it can be shown that the woman was subjected to cruelty by her husband or her husbands relatives shortly before death in connection with a demand for dowry. Dowry-related violence against women occurs among all subgroups of the population, the rates are higher among the poor and the lower castes. Alcoholism is also associated with increase in violence against women.

6 Treatments and Humiliation Though dowry-death is generally understood to involve the murder of a woman on the dowry issue in the family of procreation but before the act of killing, several forms of harassment and humiliation take place against the victim. The humiliation generally will start with criticism, followed by familiar scenes-insults, abuses and demands for more money. Some women used to put up with victimization because they know that their parents are not in a position to give more and to some other will think that things will change after the birth of a child.The methods used in ill-treating daughters-in-law are: (1)Abuses, insults, passing sarcastic remarks (2) Assaults (3) Denial of food or starvation (4) Prohibiting them from going out and meeting any one (5) Refusing visits to the parents home,(6) Not permitting them to talk with visitors from the parents home8 Brides Burning A number of unfortunate young women in the society died of burning. The cause was mostly their incapacity to bring the amount of cash or things demanded by their husbands and in law during the first few years after their marriage9 Child Marriages Dowry demand will also lead to child-marriages. For an educated girl, the more educated and qualified husband is needed. This necessitates greater dowry. Thus the parents prefer early marriages than to do so at a later age with higher demand of dowry.

10 Unequal Marriages Dowry is closely related to the financial position of the parents of the girl, many people who are poor offer their young daughters to very elderly persons. Girls are forced to marry undeserving men, aged persons or with a man having one or two living wives or with liqueur-addicts as no dowry need to be given to such persons

CHAPTER 5

ACTS RELATED TO DOWRY

The 1961 Dowry Prohibition Act:In July 1961 Indian official created this act which prohibits the demand receipt or payment of dowry in a marriage. In this act any gift viewed as a precondition for marriage were punishable and illegal. Punishment for receiving and giving dowry is imprisonment up to 6 years and or a fine of 5000 rupees or the amount of dowry which was paid (whichever is more).This act 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. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states.According to Section 3(1) of Dowry Prohibition Act, 1961 - Penalty for giving or taking dowry 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 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: Provided that the Court may, for an adequate and special reasons to be recorded in The judgment, impose a sentence of imprisonment of a term of less than five years. According to Section 4 of Dowry Prohibition Act, 1961 - 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 a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

IPC 1860 1. Sec. 498 A- Husband or relative of husband of a woman subjecting her to crueltyWhoever, 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. Explanation.For the purpose 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(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. 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.

2. Sec. 304BThis Section of the Indian Penal Code was inserted by a 1986 amendment. The Dowry deaths law 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.

The Indian Evidence Act 1. Section 113A Presumption of abetment of suicide by a married woman.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 and such relative of her husband had subjected her to cruelty, the curt may presume, having regard to all other circumstances of the case, that such suicide had been abetted by her husband or by any such relative of her husband.The section 113A of the Indian Evidence Act has an retrospective effect. It applies to all pending action irrespective of the fact that when the offence was committed. This can apply to the offence relating to the abetment of suicide even if the incident took place before the act coming into force i.e. before 1983 by a married woman. In the case ofHari kumar v State of Karnataka[footnoteRef:2]the court has said that by a plain reading of the provision it permits to draw the instances of cruelty even to prior to the date of concealment of this provision. The legal provision provided that under this section clearly concludes the past instances of cruelty spread over a period of seven years from the date of marriage the victim. Therefore it is permissible to the court to inquire into a case and look into the past conduct prior to the commencement date of the amending provision. [2: I (1994) DMC 356, ILR 1993 KAR 3035, 1994 (3) KarLJ 335]

In order to attract the provision of section 113A of the Indian Evidence Act the burden of proving the fact lies on the person who affirms it. This principle of burden of proof is applicable to all matrimonial offences. For attracting the provision of 113A the following things has to be proved. Suicide must be committed by a married woman Suicide must have been abetted by husband or any relative of her husband Suicide must be committed with in seven years of the marriage She must have been subjected to cruelty (as defined in 498A of Indian Penal Code) by her husband.Presumption under section l13A refers to one of the three ingredients of abetment as defined in section 107 IPC i.e. instigation, conspiracy and intentional aiding of the act. Where conduct of the accused indicated that he did not want her to die even though he might have treated her cruelly earlier, it cannot be presumed that he abetted the suicide.

Section 113 B Presumption as to dowry death When the question is whether a person has committed the dowry death[footnoteRef:3] 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. [3: Explanation.For the purposes of this section, dowry death shall have the same meaning as in section 304B, of the Indian Penal Code, (45 of 1860).]]

The Code of Criminal Procedure, 1973rovision Act 1961case relates to the death of a woman within seven years \\o Section 198A - Prosecution of offences under section 498A of the Indian Penal Code. No Court shall take cognizance of an Offence Punishable section 498A of the Indian Penal Code except upon a police report of facts which constitute such offence or Upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father' s or mother' s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Under article sec 14 of Hindu Succession Act, 1956 it is provided that the property of the female is her absolute property. Hence, the fundamental of dowry as in the ancient times cannot be applied today, but there is an ever growing demand both at the time of marriage as well as after the marriage which gravely affects the status of women.

CHAPTER 6

CASES RELATED TO DOWRY SYSTEM IN INDIA

Neera Singh v The State[footnoteRef:4] landmark orders of Justice Shiv Narayan Dhingra was [4: (Govt. of NCT of Delhi) and Ors 138(2007)DLT152]

The police should simultaneously register a case under Dowry Prohibition Act against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Dowry Prohibition Act prohibits giving and taking of dowry. If a woman of grown up age and well-educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act

Nem Chand v State of Harayana[footnoteRef:5] [5: 1994 SUPPL. (4) SCR 295]

The parties were married on 24-5-1962. After staying at 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 her matrimonial home. Her husband again demanded a sum of Rs. 25,000 for purchasing a plot. There after 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 his 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 promised that the rest of the amount would be would be paid later on. She died of strangulation in her husband's home. The trial court found accused guilty. Supreme Court held that accused should be convicted.

In aShanti v State of Harayana[footnoteRef:6], where the death took place within seven years of marriage, the in-laws of the deceased did not inform deceased's parents about the death but hurriedly cremated the deceased. The prosecution succeeded in establishing cruel treatment towards the victim. The death could not be said to be natural death and the presumption u/s 113B of the Evidence Act was attracted. [6: 1991 AIR 1226, 1990 SCR Supl. (2) 675]

Gurbachan Singhv.Satpal Singh[footnoteRef:7], the relation between demand for dowry and cruelty has been explained by the Supreme Court. As per the facts of the case it was held that the victim, a newlywed woman, who had committed suicide within a year of her marriage, was subjected to utmost cruelty (she was also insinuated to have an illegitimate child). The accused family demanded dowry and when she failed to bring it, they tortured her. The court, comprising a two judge bench of said that, that the worst part of the cruelty was that she was even taunted for carrying an illegitimate child. 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. Thus the persistent demands of the accused for more money, their tortures and taunts amounted to instigation and abetment that compelled her to do away with her life. In this case we see how the demand for dowry is a very delicate matter. It can transform into an ugly picture and ultimately drive a woman to her death bed. [7: 1990 SCC (CR) 151]

Similarly, in the most recent cases ofRajesh Bhatnagarv.State of Uttarkhand[footnoteRef:8] and Sharadv.State Of Maharashtra[footnoteRef:9] when the brides were burnt alive with reference to the demand of dowry and their failure in fulfilling the demand, one can very well understand the stand of cruelty in demand for dowry. This type of cases can give us a clear picture of how the demand for dowry can become a cruel issue. [8: (2012) 7 SCC 91] [9: (2012) 5 SCC 548]

P.B ikshapathi v. State of A.P. [footnoteRef:10]in this case the Rajyalakshmi aged 19 years committed suicide as she was ill-treated and harassed continuously by her husband and by her in-laws for not getting the T.V. set and gold ring from her parents. Her husband was addicted to alcohol and sometimes fell unconscious after consuming alcohol. He used to come late and on being objected used to beat his wife. Thus, she was compelled to commit suicie by setting herself on fire by pouring kerosene oil on her body. [10: AIR 1989 Cri. L.J. 1186 (AP)]

It was held that taking drink and coming late home much against the will of wife may not per se amount to cruelty but the acts coupled with beating and demanding dowry harassment to bring money clearly amounts to cruelty u/s 498A of IPC.

Sahebarao v. State of Maharashtra[footnoteRef:11] [11: AIR 2006 Cri. L.J 2881 (SC)]

The accused appellants Sahebrao (A-1) and Bhausaheb (A-2) were tried along with their mother Shanti Bai (A-3) for committing offences underSections 304-Band498-Aof IPC. The judgment given by the Additional Sessions Judge, Aurangabad found A-1 and A-2 guilty underSections 306and498-A,IPCand sentenced them to undergo rigorous imprisonment for three years and fine of Rs. 500/- each, in default, rigorous imprisonment for three months underSection 306IPC. No separate sentence was passed u/sIPC. A-3 was acquitted. Being aggrieved by the judgment of the trial Court, the accused appellants filed an appeal before Aurangabad Bench of the Bombay High Court. The High Court by its order dated 31-01- 2005 dismissed the appeal and confirmed the sentence passed by the trial Court. That is how the appellants are before us in this appeal. The relevant facts deduced from the evidence are that the marriage of accused-appellant A-2, resident of Village Babulkheda, and deceasedSangita, daughter of the complainant-Ramrao Laxman Darekar (PW-1), took place on 13-05-1990 at Village Pathri. The distance between Village Pathri and Babulkheda was 15 Kms. Just after the marriage, A-2 insisted for a tape recorder. PW-1 persuaded that the tape recorder would be given to him in due course of time. Three days after the marriage, the elder son of PW-1, Sudam (PW-3) along with his maternal uncle, Karbhari Vithal Jadavh (PW-4) went to village Babulkheda to take the deceased back to Village Pathri. On return, PW-3 told his father PW-1 that elder brother of A-2, accusedappellant Sahebrao (A-1) was demanding additional dowry amount of Rs. 10,000/- as the dowry paid at the time of marriage was not as per their status and A-2 was insisting for a tape recorder. The deceased stayed with her father for 5-6 days and thereafter, Ambadas-brother of A-2, took her to Village Babulkheda. Ambadas on return told PW-1 that A-1 was demanding Rs.10,000/- and A-2 was insisting for a tape recorder. About 2-3 days later, PW-1 went to his daughter's matrimonial home. She told him that A-1 and A-2 were troubling her for an amount of Rs. 10,000/- and a tape recorder. PW-1 though expressed his inability to pay the amount, sent PW-3 to Aurangabad for purchasing the tape recorder. After 5-6 days, PW-3 and PW-4 went to the matrimonial home of Sangita, gave the tape recorder to the accused persons and took her to her parent's place at Village Pathari. After a week, Mansub- younger brother of A-2, came to the house of PW-1 to take her back to Village Babulkheda and informed him that A-1 had demanded an amount of Rs. 10,000/- and the deceased would not accompany him unless the amount is given. He also informed PW-1 that A-1 would get angry if the amount was not paid. PW-1 somehow managed to send the deceased to her matrimonial home along with Mansub.

In the month of 'Jaistha', when PW-1 went to see his daughter, accused persons started questioning him as to why he had not paid the amount and asked him to take his daughter back. The deceased was taken back by PW-1 and she stayed at her maiden home for a month. Mansub, once again, came to take her back to the matrimonial home. This time also, Mansub, demanded the additional dowry of Rs. 10,000/-. In September 1990 the deceased came back to her father's place and on reaching there she started weeping loudly and told PW-1 and her mother that she was beaten by the accused persons and pointed out the marks of beating on her back and requested PW-1 not to send her back to Village Babulkheda. However, in the hope that situation would improve, PW-1 left his reluctant daughter to the matrimonial home on 06-09-1990. That time also A-2 told him that since the amount was not given PW-1 should take back his daughter. While returning back to his village on 07-09-1990, the deceased daughter met him on the way and told him that it would be very difficult for her to stay and also that he might not see her again.On 08-09-1990, the cousin brother of A-2 informed PW-1 that his daughter was ill. PW-1 along with others, went to the house of the accused persons at about 1.00 P.M. There he saw his daughter dead and no one from the family of her in-laws was present in the house. On receipt of the information of the incident, the police registered a case of accidental death. The police made inquiry from PW-1 but he told them that his mental condition is not good and that he would lodge the complaint afterwards. PW-1 lodged the complaint against the accused-appellants on 09-09-1990 at 7.30 P.M., giving the detailed narration of facts .Dr. Milind Kulkarni, who conducted post-mortem over the dead body of the deceased, opined that the cause of death was "cardio respiratory failure due to Endosalphan poisoning". Learned counsel for the appellants has urged that the delay in filing the First Information Report (FIR) is fatal to the case of prosecution. PW-1 came to know about the death at about 1.00 P.M. on 08-09-1990, yet the complaint was made on 09-09-1990 at 7.30 P.M. It indicates false implication of the accused-appellants. The settled principle of law of this Court is that delay in filing FIR by itself cannot be a ground to doubt the prosecution case and discard it. The delay in lodging the FIR would put the Court on its guard to search if any plausible explanation has been offered and if offered whether it is satisfactory.

In Mohd. Hoshan and Another v. State of A.P.[footnoteRef:12], in this case it was pointed out that " The impact of complaints, accusations or taunts on a person amounting to cruelty depends on various factors like the sensitivity of the individual victim concerned, the social background, the environment, education etc. Further mental cruelty varies from person to person depending on the intensity of sensitivity and the degree of courage or endurance to withstand such mental cruelty. " [12: (2002) 7 SCC 414]

The complainant (PW-1) has deposed that soon after the performance of marriage, A-2 demanded a tape recorder. This statement is corroborated by PW-3 and PW-4. PW-3 has deposed that when PW-4 along with him went to Village Babulkheda 2-3 days after marriage of his sister, A-1 demanded an additional amount of Rs.10,000/- and A-2 demanded a tape-recorder. This found support from the statements of PW-1 and PW-4 without any variation. Further PW-1 in his evidence has specifically said that deceased had told him that the accused persons on account of the non- fulfillment of their demands, troubled her. There is evidence on record of PW-1 that when his daughter came back to his place she started weeping and told the complainant about the harassment inflicted upon her on account of non-payment of Rs.10,000/-. This found support in the statements of PW-3 and PW-4. The evidence shows that even the demand was made through the younger brother Mansub when he went to the place of the complainant. PW-1 has further mentioned that in the end of jaishth month, he went to village Babulkheda to see his daughter and was insulted by the accused persons for not fulfilling their demand and they asked him to take her back to village Pathri. It is said by PW-1 that just 8 days before the incident when the deceased last visited her maiden home she told him that she was beaten and also showed marks of beating on her body. She was weeping and requested him not to send her back to village Babulkheda without satisfying the demand of the accused persons. The evidence clearly establishes that the accused persons were consistent in their demand regarding additional amount of Rs.10,000/- even after their initial demand of tape recorder was fulfilled. The evidence clearly establishes that the deceased was harassed at her matrimonial home and her staying there had become miserable. The deceased on several occasions, within a short span of four months of her marriage, informed her father that she was being troubled by her husband and his elder brother. They also insulted and taunted her father in her presence and asked PW-1 to take her back to his home for his inability to fulfill their unlawful demand. The reluctance shown by the deceased to go to her matrimonial home within a short period of her marriage is indicative of the fact of the treatment given to her. At her matrimonial home, she was harassed and constantly nagged for non-payment of additional amount by her father.

The facts clearly establish that husband and his elder brother subjected the deceased to cruelty and their conviction u/s of IPCis based on cogent reliable evidence. The appellants were also convicted underSection 306IPC with the aid of the presumption as to the abetment of suicide by a married woman underSection 113-Aof the Indian Evidence Act, 1872. It is proved by the prosecution that Sangita committed suicide within a period of seven years from the date of her marriage and that her husband and his elder brother subjected her to cruelty. On the basis of the evidence, it can be said that the cruel treatment meted out to the deceased was of such a nature that it has driven the lady to commit suicide.

CHAPTER 7

CONCLUSION & SUGGESTIONSEven after the dowry prohibition act has passed, dowry seems to be battering on consumer society. Cases have come up where women are beaten, kept without food for days, tortued physically and mentally. One dowry death case is reported every hour for dowry. There are series of cases in which the young married women have beaten, tortued, burnt to death.In the end it may be said that the problem of dowry death persist in the society which call for multi prolonged and integrated approach on an urgent basis.In a scenario where protectors become killer, the very basic family unit is threatened.The women population in India according to 2001 census is about 500 million, which is nearly 50 percent of India's total population. Despite such a huge margin, the status of Indian women in society is not very pleasant. The question is why?. Human beings are born equal but are never treated equally. Unequal treatment to women or the gender bias is not a new phenomenon. Our mythology, if referred to, shows us the gender bias that was prevalent in India.It may be concluded that the abolition of the custom of dowry would be a landmark toward social reform. With whatever intentions this custom may have been started, it cannot be denied that it has failed to recognize women as human beings with emotions, feelings and a separate identity. Rather, it considers them as pieces of valuable property and as sources of income for the further upliftmeent of the grooms family. This great injustice has got to be stopped, whether it be by education, propaganda, welfare associations, or legislation. When we find even highly educated and foreign returned young men not averse to the idea of dowry, the limit has been reached. We have become permitted this evil to disfigure the face of our society long enough. The time has come for it to be scrapped root and branch. Unless we become more progressive in our outlook, less orthodox in our ways, and more revolutionary in our ideas, dowry will remain the bane of our society. It is only on the wheels of understanding and a sense of cooperation that the chariot of society can move smoothly. Unfortunately, marriage nowadays, in spite of its veneer of religious sanction, has been degraded to the level of market commodity.Marriage settlements start not with selecting boys and girls of character, high aspirations, and modern values but with dowry. Hence, it is now high time for the Hindu society to commit suicide. One should not forget that marriage is a sacrament and not a business deal. The sacred institution of marriage has been debated by this vicious practice.When a girl is accepted not from her virtues but for the money she brings and when the dowry she brings is the be all and end all of the transaction, the marriage looses all sanctity and sublimity. The sooner the dowry becomes the thing of the past, the better for our society.The problem of dowry demand is not merely one of a family demanding cash and goods beyond the capacity and desire of another family to give but rather a question of the inter relatedness of psychological, social and economic factors. As one reads the shocking story of individual woman and families, one notice that there is very little and often no awareness among them of the roots of the problem or any motivation to curb the practice and bring about a much needed social change. This can be attributed to an internalization of prevailing particular values which view women as inferior and having only themselves to blame for their predicament. It seldom sees them as victims of a particular form of oppression or of socially prevalent sex biases.The burden of tradition, a prevailing ideology of male superiority, an insensitive police force, and archaic judicial system and a society that condones violence creates a chamber of horror where even angels would fear to tread.

Refuse dowry, diffuse dowry deaths.

Behave manly, depend on your earnings, Why demand dowry?If you have power you earn it, dont beg for it.

BIBLIOGRAPHY

Books Indian Penal Code by Prof. S. N.Misra18th Edition 2011 Evidence

Websiteshttp://shseminary.blogspot.in/2010/05/dowry-social-challenge.htmlhttp://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india-problems-social-dimensions-and-other-details/35175/http://www.jstor.org/stable/23028041?seq=1#page_scan_tab_contentshttp://304b.blogspot.in/p/section304b-indian-penal-code-dowry.htmlhttp://www.pucl.org/from-archives/Gender/dowry-deaths.htmhttps://ipc498a.wordpress.com/2009/01/10/dp3/http://www.azadindia.org/social-issues/dowry-system-in-india.htmlhttp://www.satyamevjayate.in/big-fat-indian-wedding/BigFatIndianWedding.aspx

Articleshttp://timesofindia.indiatimes.com/india/10-of-dowry-cases-false-government-plans-changes-in-law/articleshow/46649047.cmshttp://www.satyamevjayate.in/big-fat-indian-wedding/BigFatIndianWedding.aspx

Bare Acts

Survey on the Dowry SystemQuestionnaire

Q1. What is the main cause of the high rates of dowry? Customs & traditions Cost of living The greed OthersQ 2. Who is the most affected side? The girl The boy The family All of the above

Q3. Do you think that this is a normal issue and is not a major problem that we can touch upon? Yes No Don't know

Q4. Do you think dowry system is necessity of our society? Yes No Q5. Do you think it is because of dowry parents dont give birth to a girl child? Yes No

Q6. Dou you think that dowry system is the main cause for female feticide Yes No

Q7. Are you in favor of ending dowry system? Yes No

Q8. Do you think that dowry system acts as an obstacle in higher education of girl? Yes No

Q9. Do you think dowry took place in urban area more? Yes NoQ 10. Do you think on an average one Indian woman commits suicide every four hours over a dowry dispute? Yes No