Dowry Deaths and Section 304-B

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The Supreme Court (SC) widened the scope of Section 304-B of Indian Penal Code (IPC) to deal with dowry deaths.

SC’s Stand

• The Supreme Court indicated in a judgment that a straitjacket and literal interpretation of a penal provision on dowry death may have blunted the battle against the “long standing social evil”.
• The Judgment pronounced by a Bench led by Chief Justice of India called dowry harassment a “pestiferous” crime where women are subjected to cruelty by covetous husbands and in-laws.
• Courts have often opted for a strict and narrow reading of the Section 304-B, which was one of the many legal initiatives introduced against dowry.
• The SC said courts should instead interpret Section 304­B liberally while keeping in mind the law’s intention to punish dowry and bride burning.
• The judgment also raised concern about the casual way in which trial courts examine accused persons in dowry death cases under Section 313 of the Code of Criminal Procedure.

Section 304­B of IPC

• According to it, to make out a case of dowry death, a woman should have died of burns or other bodily injuries or “otherwise than under normal circumstances” within seven years of her marriage.
• She should have suffered cruelty or harassment from her husband or in-laws “soon before her death” inconnection with demand for dowry.

Current Status of Dowry deaths

• Dowry deaths accounted for 40% to 50% homicides in the country for almost a decade from 1999 to 2018. 
• In 2019 alone, 7,115 cases of dowry death were registered under Section 304­B of the Indian Penal Code.

Issues in Section 304-B

• Absurd interpretation: Over the years, courts had interpreted the phrase ‘soon before’ in Section 304­B as ‘immediately before’. This interpretation would make it necessary for a woman to have been harassed moments before she died. 
• No straitjacket rule: The factum of cruelty or harassment differs from case to case. Even the spectrum of cruelty is quite varied, as it can range from physical, verbal or even emotional. No straitjacket formulae can therefore be laid down by this court to define what exact the phrase ‘soon before’ entails.
• Liberal Approach is needed: The court further said the phrase “otherwise than under normal circumstances” in the Section also calls for a liberal interpretation. Section 304­B, IPC does not take a pigeonhole approach in categorising death as homicidal or suicidal or accidental.

Way Ahead

• Proximate Link: The “absurd” interpretations should be avoided. Instead, the prosecution needed to show only a “proximate and live link” between the harassment and her death.
• Fair Examination: The examination of the accused about the incriminatory material against him should be done in a fair manner. The court must put incriminating circumstances before the accused and seek his response. He should be given sufficient opportunity to give his side of the story.
• Avoid Capital Punishment: There were demands for capital punishment/death sentence for the offence of dowry death in order to imbibe necessary deterrence in the law. The death sentence is already there and it should be avoided without proper deliberations.
• Discourage misuse: There are people who complain about misuse of dowry related provisions and plead for their abrogation. The government should come up with laws and safeguards to stop misuse of such harsh provisions.

Dowry System In India

• The dowry system in India refers to the bride’s family giving to the bridegroom, his parents, or his relatives as a condition of the marriage. 
• Dowry is essentially in the nature of payment in cash or some kind of gifts given to the bridegroom’s family along with the pride and includes cash and other household items.
• Dowry stemmed from India’s skewed inheritance laws and Hindu succession Act, needed to be amended to stop the routine disinheritance of daughters. 

Reasons for Dowry

• Economic causes: These include inheritance systems and the bride’s economic status. Dowry gave, at least in theory, women economic and financial security in their marriage.
• Social factors: The system encourages dowry perhaps due to the exclusion of the bride’s family after marriage as a form of pre mortem inheritance for the bride.

Legal Status in India

• The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibited under specific Indian law including:
• Dowry Prohibition Act, 1961- To prohibit giving or taking of dowry
• Section 304-B of the IPC
  • It is about the Dowry death of a woman subjected to cruelty or harassment by her husband or any relative of her husband.
• Section 498-A of the IPC (offence of cruelty)
  • Against the husband or his relative if the wife commits suicide within a period of seven years from the date of her marriage.
• Section 174 of CrPC was also amended to secure Post Mortem in case of suicide or death of a woman within seven years of her marriage. 
• Section 113A has been introduced in the Evidence Act, 1872 raising a presumption of cruelty as defined under Section.

Steps to eradicate dowry

• Educate the daughters
• Encourage them to have their own career
• Teach them to be independent and responsible
• Treat them (your daughter) equally without any discrimination
• Do not encourage the practice of giving or taking dowry

Conclusion

• The dowry system is thought to put a great financial burden on the bride’s family. 
• In some cases, the dowry system Leads to crime against women, ranging from emotional abuse and injury to even deaths.
• Therefore, education and independence is one powerful and valuable gift that we can give to our daughter.
• At the same time, the society at large needs to become aware and understand the gravity of such crimes.

Source: TH