NAME: SACHIN LOHIA

ROLL NO: 85

Examine the concept of dowry under The Dowry Prohibition

Act, 1961 apart from discussing the importance of the same for
The Indian Penal Code, 1860.

Indian women are considered to be the goddess of the house. In very old days they were
getting equal significant with the men. The times past of dowry system in India is not so
clear and various scholars have difference of opinion. One thing we can notice here is that
in the modern India also we could find the evil of dowry system. The only way through
which we can change the society is only by giving the people education and the society
having loosed the values system in them. Denigration of women has ruined our society.

INTRODUCTION

At whatever point an issue is made in the particular social order alternately made itself
Eventually society perusing those social order to it serving toward oneself purpose, it doesn't
influence the social request which generally necessities smooth birch cruising or unhindered
Furthermore that stream for social request when achieves those phase about stagnancy, it
deteriorating impact might be well visualize in the disaster about exasperates law
Furthermore request. When those quite a while 1983 there might have been no particular
lawful procurement pertaining to savagery against ladies In down home front. Spouses liable
for conferring roughness with respect to their wives Might make indicted under all
procurements identifying with murder, making hurt, abetment will suicide aerial attacker
alternately wrongful restriction. These general provisions under criminal law do not take into
account the specific situation of women facing violence within confines of home as against
assault by an outsider or a stranger. Therefore, an amendment was made in 1983, which
added Section 498-A to Chapter XVI, IPC. In its statement of the Objects and Reasons the
Criminal Law Amendment Act emphasize- the increasing number of dowry deaths is a
matter of serious concern. The extent of the evil has been commented upon by the Joint
Committee of the Houses to examine the working of Dowry Prohibition Act, 1961.
Now day misuse of the provision has become a daily phenomenon. In the modern days the
abuse of this section is rapidly increasing and the women often well educated to know this
section is cognizable and non- bailable. We are not talking about the dowry deaths or physical
injury cases but about dowry harassment cases that require no evidence and can be filed just
based on a single-sentence complaint by the wife. In India, thousands of such false cases are
filed each year. The survey proves that the more than 90% cases fields are false in different
High courts and Supreme Court.

Situation of cruelty by the husband and relatives of the husband which culminate in suicide
by or murder of hapless women concerned constitute only a small fraction of cases involving
such cruelty. It is therefore proposed to amend the IPC, the Code of Criminal Procedure and
the Indian Evidence Act suitably to deal effectively not only with cases of dowry deaths but
also cases of cruelty to married woman by their in-laws.

Law commission also suggest to make a strict law need to be passed by

the parliament in order to punished those who act malafieldly and tries to
misguide the system of law. Proposals for amending the law.
Organizations across the country pressurized and urged the government
to provide legislative protection to women against domestic violence and
dowry. The objective was to allow the state to intervene rapidly and
prevent the murders of young girls who were unable to meet the dowry
demands of their in-laws. As a result of the intense campaigning and
lobbying, significant amendments were made in the Indian Penal Code,
the Indian Evidence Act and the Dowry Prohibition Act, with the intention
of protecting women from marital violence, abuse and dowry demands.
The most important amendment came in the form of the introduction of
Section 498A in the Indian Penal Code (IPC).

RELEVANT LEGAL PROVISIONS OF DOWRY OFFENCES

"Wife burning: that terrible species of homicide horrendously escalating in exactly parts from
claiming this country will be those stunning wrongdoing proved, as stated by two courts,
toward the arraignment in this the event. The terrible thing in this case taken place in the
house and in the presence of the husband who has been convicted. We hardly see any reason
for interfering with this conviction, and would have been shocked ourselves if any other
course had been adopted either by the trial court or by the High Court. Gender justice has a
high place in Indian Criminal jurisprudence. Dismissed Alarmed by the increasing number of
dowry deaths, the legislature introduced the following amendments:
The Dowry Prohibition (Amendment) Act, 1986.
(1) "304-B. Dowry Death (1) 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 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, such death shall be called "dowry death" and such husband or relative
shall be deemed to have cause of her death.
2) Whoever commits dowry death shall be punished with imprisonment for a term which
shall not be less than seven years but which may extend to imprisonment for life."
(2) Section 113 A of the Indian Evidence Act. "113A. Presumption as to 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 or such relative of her husband had subjected her to cruelty, the court may presume,
having regard to all the other circumstances of the case, that such suicide had been abetted by
her husband or by such relative of her husband."
(3) The criminal law (second amendment) Act, 1983.
"Section 498 A. Husband or relative of husband of a woman subjecting her to cruelty:
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. Explanation- For the purpose of this
section, 'cruelty' means-
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.
 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."
(4) Section 113-b of the Indian Evidence Act reads: "113 -B. Presumption as to dowry
death.
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. Explanation.- For the purposes of this section,
"dowry death" shall have the same meaning as in Sec. 304 -B of the Indian Penal Code (45 of
1860)."
(5) Section 2 of the Dowry Prohibition Act, 1961 dowry is defined as any property or
valuable security given or agreed to be given either directly or indirectly by one party to a
marriage to the other party to the marriage; or by the parents of either party to a marriage or
by any other person, to either party to 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, but does not
include dower or 'mahr' in the case of persons to whom the Muslim Personal Law (Shariat)
applies." These amendments are required to be read with the following relevant provisions:-
(1) Section 107:Abetting of a thing: A person abets the doing of a thing, who- Firstly -
Instigates any person to do that thing; or Secondly - Engages with one or more other person
or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes
place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly-
Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1: A
person who, by willful misrepresentation or by willful concealment of a material fact which
he is bound to disclose, voluntarily cause or procures, or attempts to cause or procure, a thing
to be done, is said to instigate the doing of that thing."(2) Section 302, Indian Penal Code:
"302. Punishment for murder: Whoever commits murder shall be punished with death or
imprisonment for life and shall also be liable to fine."
(3) Section 306, Indian Penal Code: "306. Abetment of suicide: If any person commits
suicide, whoever abets the commission of such suicide, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to
fine." Before the enactment of the Criminal Law Amendment Acts, 1983 and 1986,dowry
deaths were dealt with under Section 302 of the Indian Penal Code i.e. murder or under
Section 306 i.e. abetment to suicide.

REPORTS

Law commission of India Report

The Home Secretary, Government of India through his D.O. letter dated 1st September, 2009
requested the Law Commission of India to consider suggesting amendment, if any to s.498A
of Indian Penal Code or other measures to check the alleged misuse of the said provision.
Thereafter, in the case of Preeti Gupta vs. State of Jharkhand, (2010) the Supreme Court
observed that serious relook of the entire provision is warranted by the Legislature. It is a
matter of common knowledge that exaggerated versions of the incident are reflected in a
large number of complaints. The tendency of over-implication is also reflected in a very large
number of cases..

The Malimath Committee Report

This section, therefore, helps neither the wife nor the husband. The offence being non-
bailable and non-compoundable makes an innocent person undergo stigmatization and
hardship. Heartless provisions that make the offence non-bailable and non-compoundable
operate against reconciliations. It is therefore necessary to make this offence (a) bailable and
(b) compoundable to give a chance to the spouses to come together. There is a general
complaint that section 498A of the IPC regarding cruelty by the husband or his relatives is
subjected to gross misuse and many times operates against the interest of the wife herself.
This offence is non-bailable and non-compoundable. Hence husband and other members of
the family are arrested and can be behind the bars which may result in husband losing his job.
Even if the wife is willing to condone and forgive the lapse of the husband and live in
matrimony, this provision comes in the way of spouses returning to the matrimonial home.
This hardship can be avoided by making the offence bailable and compoundable.

National Commission for Women, India

National Commission for Women represented by Member-Secretary placed before the
Parliamentary Committee on Petitions (Rajya Sabha) (report presented on 07.09.2011) has
been summarized in the report of the Committee.
The Protection of Women from Domestic Violence Act 2005 have an element of
commonality and need to be harmonized and uniformly implemented.
Police should in the interest of the protection of the constitutional rights of a citizen ensure
that no arrest should be made without a reasonable satisfaction after some investigation as to
the genuineness and bonafide of a complaint and the need to effect arrest.
Creation of Mahila Desks at police station and Crime Against Women (CAW) Cell, at least at
the district level which would specifically deal the complaints made by women. When a wife
moves to file a complaint to a women cell, a lot of persuasion and conciliation is required.

Articles

Sec 498A of the Indian Penal Code a weapon in the hands of vamp by Aejaz Ahmed

IPC section 498a was originally designed to protect married women from being harassed or
subjected to cruelty by husbands and/or their relatives. This law was mainly aimed at curbing
dowry harassment. Unfortunately, this law has been misused to harass men and their families
rather than protect genuine female victims of harassment. The Supreme Court of India itself
has labeled the misuse of section 498a as legal terrorism and stated that many instances
have come to light where the complaints are not bona fide and have been filed with an
oblique motive. In such cases, acquittal of the accused does not wipe out the ignominy
suffered during and prior to the trial. Sometimes adverse media coverage adds to the misery.
In agreement with the above statement, the findings of a study conducted by The Centre for
Social Research indicated that 98 percent of the cases filed under IPC section 498a are false.
Nevertheless, the law has been always justified based on its intention of protecting women.
At this point it would be worthwhile to think about how IPC section 498a has really affected
women.

Dowry law no licence to settle scores by R. VENKATARAMAN

The judges, however, declined to strike down Section 498A of the Indian Penal Code and
Section 113B of the Dowry Abolition Act providing punishment for giving or taking
dowry.Merely because the provisions are constitutional' that does not give a license to
unscrupulous persons to wreck personal vendetta or unleash harassment, The judges said it
may become necessary for the legislature to find appropriate ways to deal with people
behind frivolous complaints or allegations, as the laws do not give any directions in this
regard. The observation is neither a directive nor a mandate under any article of the
Constitution. However, the judges said trial should continue in the dowry case that prompted
the apex courts comments. Courts have to take care of the situation within the existing
framework till the legislature brings a provision to deal with frivolous complaints, the
bench said. The object of the laws are to strike at the root of the dowry menace and the
provision is intended to be used as a shield and not an assassins weapon, it said. If people
cry wolf too often as a prank, assistance and protection may not be available when the
actual wolf appears,

The object for which section 498A IPC was introduced is amply reflected in the Statement of
Objects and Reasons while enacting Criminal Law (Second Amendment) Act No. 46 of 1983.
As clearly stated therein the increase in number of dowry deaths is a matter of serious
concern. The extent of the evil has been commented upon by the Joint Committee of the
Houses to examine the work of the Dowry Prohibition Act, 1961. In some of cases, cruelty of
the husband and the relatives of the husband which culminate in suicide by or murder of the
helpless woman concerned, which constitute only a small fraction involving such cruelty.
Therefore, it was proposed to amend IPC, the Code of Criminal Procedure,1973 (in short the
Cr.P.C) and the Evidence Act suitably to deal effectively not only with cases of dowry deaths
but also cases of cruelty to married women by the husband, in- laws and relatives.

Conclusion
Anybody who has been conscious 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.

since if this 498-A fiasco is not enough patriotic feminists have come up with another Act,
along the same lines of 498-A only with larger loopholes waiting to be used against many
more Indian citizens. Many women who really need protection from Domestic Violence will
probably never know about it and even if they do, never use it. This law will be yet another
weapon in the hands of unscrupulous women who will misuse it at the slightest opportunity.
In a society where men and women live together what affects one affects the other. When a
man is thrown out of his own house under true or false allegations of domestic violence or
cruelty everyone who is dependent on him is bound to suffer. That will include dependent
parents and siblings who can be male or female. It is unfair enough to penalize an entire
family even if an accused man is truly abusive. Unfair is a subtle word to describe a situation
in which an innocent man, along with his family, is tortured by misuse of law. Injustice is a
subtle word to describe how women, who commit perjury and harass families for years on
end go without punishment.