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PROJECT IN VALUE EDUCATION
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NAME DEGREE TOPIC
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DISHA B.COM DOWRY SYSTEM
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DOWRY SYSTEM
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INDEX
INTRODUCTION
DEFNITION DOWRY THE SOCIAL EVIL
THE CRUCIAL CASE STUDY
STATISTICAL ANALYSIS OF CRIME AGAINST WOMEN
DOWRY - DEATHS OR SUICIDES?
THE LEGAL PROHIBITIONS AGAINST DOWRY ANTI DOWRY POSTER
VOICE FOR WOMEN RIGHTS GLOBAL ADVOCACY ON DOWRY SYSTEM
CONCLUSION
INTRODUCTION
Those who deny freedom to others deserve it not for themselves By Abraham Lincoln.
Women, the most cherished and sacrosanct institution in the world hold a special place in the social structure of the society, contributing to its development as well as to the nation by playing the diverse roles of a mother, homemaker and spouse and also bringing laurels to the country, earning name and fame in the workplace as well. Women have always made the nation proud by earning huge success in the fields that they have chosen so, it is an irony that in-spite of the social structure undergoing a major change after more than six decades of independence, we have not been able to change our traditional outlook . Crime against women is one of the gravest of all crimes and is the most reprehensible act . It should be condemned in the severest words and dealt with an iron hand. Dowry originated in wealthy families as an insurance to the bride to take care of herself and her children during financial crisis. The rich and rajas (kings) used to gift land as dowry. Mumbai was presented as part of the dowry when Princess Catherine de Braganza of Portugal was married to King Charles II in 1661. The dowry has been considered as 'Stridhan' where 'stri' means women and 'dhan' means 'wealth'.
DEFNITION
Dowry: Section 2... "Dowry Prohibition Act, 1961" Definition of dowry as In this Act, dowry means any property or valuable security given or agreed 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 a marriage or by any other person, to either party to the marriage or to any other person, at or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower in the case of persons to whom the Muslim Personal Law (Shariat) applies.
DOWRY THE SOCIAL EVIL
The Hindu reveals:
India suffers from many social evils and superstitions. Dowry system is one of these great evils. Dowry is given in cash and kind to a daughter during her marriage. This evil is found and practiced in all sections and communities of the country in one form or another. With it are associated many other evils like greed, prejudice against women, ill treatment of girl child, bride-burning, taking of bribes etc. so as to be able to give money etc. in the marriage of a daughter. Many young women commit suicide because their parents cannot afford to give dowry. In many a case, parents borrow money on exorbitant rate of interest to marry off their daughters and spend rest of their life in great misery. It has become very difficult to find a suitable match for a girl without paying handsome dowry. It has soured the relations and there are tensions, ill-will and disharmony in the families.
Marriage has become a kind of business and exploitation of the parents of a girl. Parents of well educated and highly placed boys demand huge dowry both in cash and kind. The rates are fixed according to the qualifications and career positions of the boys to be married. If the boy is a doctor or engineer the demand may be anything between 5 to 10 lakhs. If they would be groom is an IAS. The rate is still much higher. Thus, bridegrooms are bought and sold like commodities and the girls sacrificed on the altar of marriage. Marriage is no more a marriage of hearts and forging of happy relations but a business transaction, a convenient means of exploitation. Even very highly educated and well off parents do not hesitate to turn themselves beggars and demand huge dowries. Dowry system is a matter of great shame and slur on the Indian society. In no other country an evil like dowry can be found. It reflects our prejudice against women. It underlines the fact women in India are not treated equally and fairly. After marriages, women are harassed, ill treated and even burned to death if they fail to bring in sufficient dowry. There is no limit to the greed of the in-laws of the bride. They demand more and more dowry even after marriage. It has turned many families into a hell. The evil has already taken a heavy toll of female life in the country. And yet there is not end to it. People are victims of double standards and double speak. They speak and preach against dowry but in practice they make huge demands at the time of their son's marriage.
THE CRUCIAL CASE STUDY
Dowry Harassment Mitaben Rajubhai Patel Village Sandhida Mitaben left her in-laws house because she could not bear mental and physical harassment by her in-laws family. She came to her parents house in Sandhida village with her three year old son. Her in-laws asked her to bring jewelry and cash from her parents. Her husband suffered a loss in money market and asked to bring Rs. 1lakh from her father. Mitaben refused to do so. She was severely beaten with a stick and was branded by a hot iron. They even threw phenyl on her. As the harassment grew into atrocity Mitaben left husbands house and informed her parents. They contacted social activists group.
The in-laws were served a notice and were asked to be present in the meeting. They did not appear. So one more notice was served and they were informed of the possible legal action against them. At last, Mitabens in-laws, husband and other relatives and community members came. Mitaben narrated how she was ill treated. The discussion was quite hot. In addition to the activists, the community leaders also participated in the discussion.
At last the activists group leader and director of the organization asked what do you wish? Do you wish that her home is broken? Can we find some way out for the couple to live peacefully? At last the husband consented not to make demands for jewelry or money and expressed willingness to stay separate. By the persuasion of leaders, Mitabens parents in-laws also consented to let the couple live separately. A compromise agreement was made and was signed by the all parties. Mitaben also agreed and now she stays in her separate house.
CHENNAI: Recently, 28-year-old R Sushila was admitted to the burns ward of the Kilpauk Medical College Hospital(KMCH) after she tried to immolate herself, When she died a week later with 90% burns, it was recorded as a suicide. However, nurses said she had told them she committed suicide unable to bear the pressure and harassment from her husband and in-laws for dowry.
STATISTICAL ANALYSIS OF CRIME AGAINST WOMEN
The table puts forth the figures of dowry deaths in India from 1987 to 2006. It has been approximately 0.4 percent of
women crimes in India. TABLE SHOWING DOWRY DEATHS:
Source: NCRB
In the above table under crime head dowry deaths is the 11th crime. It shows the rate of crime at 0.7 percent, charge-sheet rating at 94 percent yet the rate of conviction is only around 33.7 percent.
The following pie chart represents the state-wise ranking of dowry deaths in India. The state with most cases of dowry deaths is Uttar Pradesh. Assam has recorded the least number of dowry cases.
DOWRY - DEATHS OR SUICIDES?
In 2010, according to the state crime records bureau only 13 dowry case deaths were recorded in the city while the state commission for women recorded just one but the
burns ward at the KMCH tells a completely different stor y. In some cases the husband or inlaws burn the woman and bring her to the hospital where death is recorded as an accident or suicide, says head nurse. Doctors and nurses in the burns ward say 90% of the victims in the cases they see in a day are women, most of whom have committed suicide because of harassment at home and most have been married for less than five years. We get around eight burns cases everyday and of those five are women and they are mostly reported as cases of accidents or suicide. It is only when we talk to the women that we realize these are cases of dowry harassment by the husband and the relatives, said the Head of the burns ward. A majority of these deaths, nurses say, are recorded as suicides by the husband and his relatives and in some cases by the woman herself... Whenever a death of a woman is reported within seven years of marriage and the police find it has not occurred under normal circumstances, an inquiry by a Revenue Divisional Officer is ordered. RDO enquiries were introduced as an additional measure apart from police enquiries on the insistence of womens rights groups who felt the police was discouraging filing of FIRs and not doing a thorough enquiry. If RDOs find something suspicious they can report their findings to the police, says advocate Sudha Ramalingam. She, however, says an RDO enquiry is not taken seriously and in most cases not done immediately. In most cases, the RDO never visits the site of crime nor does an investigation. It is usually the clerks or the lower level staff who do the inquiry. This probably explains why the few number of cases which have been reported as dowry deaths, she adds. Feminist and activist V Geetha believes dowry has become a preferred public expression for various kinds of private violence against women. Though women face different kinds of harassment like sexual violence and domestic violence, most prefer to give it the name dowry as it is seen as being socially acceptable, she says. She says it is necessary to address all problems faced by women rather than just looking at it as an issue of dowry.
THE LEGAL PROHIBITIONS AGAINST DOWRY
The payment of a dowry gift, often financial, has a long history in many parts of the world. In India, the payment of dowry was prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code was enacted to make it easier for the wife to seek redress from potential harassment by the husband's family. Dowry laws have come under criticism as they have been misused by women and their families. In India, there are civil laws, criminal laws and special legislative acts against the tradition of Dowry. Someone accused of taking dowry is therefore subject to a multiplicity of legal processes.
CRIMINAL REMEDIES:
THE DOWRY PROHIBITION ACT IPC SECTION 406 IPC SECTION 304 B IPC SECTION 498
CIVIL REMEDIES: DOMESTIC VIOLENCE ACT (2005/2006)
Let us discuss all these legal remedies in detail with regard to their scope, the sections covered, penalty levied, issue of bail, punishment given and the like... CRIMINAL REMEDIES:
THE DOWRY PROHIBITION ACT Introduced and taken up by then Indian law minister Ashoke Kumar Sen, 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. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of up to Rs. 15000 or the amount of dowry whichever is higher and imprisonment up to 5 years. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. Section 4 of the said Act states: 4. 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 adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. However, as per section 3 of the Act, both the giver and the receiver are sought to be punished. 3. Penalty for giving or taking dowry.- [(Note: Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (1)] 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 [(Note: Subs. by Act 43 of 1986,
Sec.3) 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 adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.] (2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, (a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf). (b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf). Provided that such presents are entered in a list maintained in accordance with the rules made under this Act. Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
IPC SECTION 406 This section, for offences related to Criminal Breach of Trust, is
usually applied in investigation of stridhan recovery from the husband and his family. Offences under this section are bailable and cognizable. Section 406. Punishment for criminal breach of trust: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
IPC SECTION 304 B
This Section of the Indian Penal Code was inserted by a 1986 amendment. The wording of the law states: Section 304B. 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 caused her death. Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (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.
IPC SECTION 498 A Section 498A was inserted into the Indian Penal Code in 1983 via
an amendment. Section 498A 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(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 meet such demand. This section is non-bailable, non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable. Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent. After registration of an FIR for a cognizable, non-bailable offense, the police in India can arrest any and all of the accused named in the complaint.
CIVIL REMEDIES:
DOMESTIC VIOLENCE ACT (2005/2006) The above being criminal remedies, a civil remedy were brought into
the picture in 2005 (amended in 2006). This was called the "Protection of Women from Domestic Violence Act". For the purpose of this act, Domestic Violence includes the demand for dowry: For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) Harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. This Act empowered the lower courts to issue "protection orders" on the complaint of a woman against her male relatives. The protection orders could include restraining orders on the husband and others, monetary compensation, and residence orders. Though it is a civil remedy, violation of protection orders result in Criminal penalties (including imprisonment).
ANTI DOWRY POSTER:
This Anti dowry poster was formulated by the Karnataka Forum for Dignity.
VOICE FOR WOMEN RIGHTS
Dowry system is against the law of equality of men and women. It is a crime to give and take dowry. But these are openly violated. There are thousands of cases of dowry every year few offenders are actually punished. It shows that laws alone are not enough. Besides laws, we need more social awareness and effective social measures. We should create a movement and strong public opinion against the system. The movement should be taken to villages and every nook and corner of the country. More leaders, social groups, men and women should be involved in the movement against the evil. People who practice dowry system should be socially boycotted. Women organizations should hold demonstrations against such people.
The registration of marriage should be made compulsory. Young men and women should be made to take a pledge against the evil. The women should refuse to marry the men who demand dowry. Group and community marriages can also help in removing the evil of dowry. More and more women should be encouraged to take employment and become economically independent. Spread of literacy and education among women can prove a great weapon against dowry. The percentage of literacy among girls and women is very low. This rate should be increased. More schools, colleges and training institution for women should be opened. There should be free education for women up to the university level.
The women themselves should come forward and fight against the practice of dowry. They should know their rights, privileges and strengths. They should stop thinking in terms of a weaker sex. They should revolt and expose dowry practitioners. They should stand on their own feet and fight for their rights. Now there is much more awakening among women than before. But it is just a beginning. They should fight against all kinds discriminations and unjust male-domination. The young men should frankly reject the demand for dowry from their parents. Demand for dowry reduces a party to a status of a
beggar. The evil should be fought both on the levels of law and society. A very strong propaganda and movement are needed to eradicate the evil forever. GLOBAL ADVOCACY ON DOWRY SYSTEM
The fight to end dowry deaths in India and other countries has not been confined to these nations' borders. Reports of these incidents have attracted a great deal of public interest and have sparked a global activist movement seeking to end the practice. Of this activist community, the United Nations (UN) has played a pivotal role in ending not only dowry deaths, but violence against women as a whole. UNITED NATIONS The UN has been an advocate for women's rights since its inception in 1945, explicitly stating so in its Charters Preamble, the Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil and Political Rights (adopted in 1966), the International Covenant on Economic, Social and Cultural Rights (also adopted in 1966) (these three documents are known collectively as the International Bill of Rights) The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (2012). The United Nations Children's Fund (UNICEF), though
predominately focused on improving the quality of education available to children globally, has also taken a proactive stance against dowry death. On March 9 (International Women's Day), 2009, at a press conference in Washington D.C., UNICEF's Executive Director, Ann M.Veneman, publicly condemned dowry deaths. In 2009 UNICEF launched its first Strategic Priority Action Plan for Gender Equality, which was followed by a second Action Plan in 2010. The aim of these plans has been to make gender equality a higher priority within all international UNICEF programs and functions.
PRIVATE ORGANIZATIONS:
Amnesty International, in an effort to educate the public, has cited dowry deaths as a major contributor to global violence against women. Also, in their annual human rights evaluations, Amnesty International criticizes India for the occurrences of dowry deaths as well as the impunity provided to its perpetrators. Human Rights Watch has also criticized the Indian government for its inability to make any progress towards eliminating dowry deaths and its lackluster performance for bringing its perpetrators to justice in 2011. In 2004, the Global Fund for Women launched its "Now or Never" funding project. This campaign hopes to raise funds domestically and consequently finance the efforts of feminist organizations across the globe - including Indian women's rights activists. As of 2007 the Now or Never fund has raised and distributed about $7 million. A relatively smaller organization, V-Day, has dedicated itself to ending violence against women. By arranging events such as plays, art shows, and workshops in communities and college campuses across the United States, V-Day raises funds and educates the public on topics of gender-based violence including dowry death.
CONCLUSION
The crime against women has shown an increasing trend during the recent times. Eighty per cent of the bank loans are taken by people to meet dowry demands. One woman dies every hour in our country in dowry related cases Though adequate provisions exist in our criminal law for tackling all types of crime against women namely section 304B [Dowry death], section 354 [Assault or criminal force to woman with intent to outrage her modesty], section 498A [Husband or relatives of the husband subjecting her to cruelty], of the Indian Penal Code and other special laws like The Protection of Women from Domestic Violence Act, 2005; Dowry Prohibition Act, 1961; the crime against women has never shown a decline in the past few years.
Though the police, administrative authorities and other law enforcement agencies should deal with a heavy hand with the perpetrators of such crime, they are not solely to be blamed for this menace. Crime against women can be controlled to a considerable extent by changing our attitude and adopting a more humane approach towards them, always keeping in mind that they are also an integral part of our society and stand on an equal footing with men and are not to be treated as a mere commodity for fulfilling financial greed .
When women thrive, all of society benefits, and succeeding generations are given a better start in life, By Kofi Annan.
