Conclusion On proof of these facts to the satisfaction of the Court under the circumstances of a particular case the husband or the relatives of the husband shall be presumed to have treated the woman with cruelty. Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be. Dowry System is an ancient Indian custom that is now turned into a social evil for our society. There is no particular form of dying declaration which is identified or admissible in the eye of law. personal law (Shariat) applies. cruelty or harassment by her husband or any relative of her husband for, or They might also hope that some mutual adjustment might occur between the bride and her new family so that there would be a reduction in harassment and ill-treatment. While bride price or bride service is a payment by the groom or his If the girl returns to her parents' house because of quarrels with her husband, this brings shame on her parents' family and prevents the marriage of any of her sisters. Dowry system entails giving huge amount of cash, jewellery and other gifts to the groom’s family by the bride’s parents as a condition at the time of marriage. Moreover, she cannot take part in any religious ceremonies without her spouse. to ten thousand rupees or with both. family to the bride's parent's dowry is the wealth transferred from the bride's [10]. marriage of a daughter. Both of these were done voluntarily and out of affection and love. The amount of dowry increases according to the girl’s age, fuelling the practice. The dictionary meaning of the term dowry is, the money brought by a wife to her husband. shall not be less than six months, but which may extend two years or with [2]. All the Female Foeticide essay are very simple and easy, written for students use. transferred to her parents, or if she has children, be transferred to such However, few (including the educated Indian middle-class) talk about stamping out these social evils. notification, the Dowry Prohibition Officer who shall exercise such powers Section 113B provides that the courts ‘shall’ presume dowry death in case of unnatural death of a woman within 7 years of marriage, where prior to death either the husband or his relatives subjected the woman to harassment or cruelty (Belur et al.2014). In the leading case of ‘Wazir Chand vs. State of Haryana ’, involving the death by burning of a newly married woman, the circumstances did not establish either murder or an abetted suicide and thus in-laws escaped the jaws of section 300 and 306, but they were caught in the web of this newly enacted section for prevention of harassment for dowry. The custom however became a social evil with the passage of time. subject to such limitations and conditions as may be specified by rules made Indian law has always laid emphasis on protection of the innocent. Definition of `dowry’. Equal rights for women is only electioneering demagogy. sub-section(3), he shall be punishable with imprisonment for a term which The epicenter of the problem of bride burning and other forms of dowry-related violence on women is Delhi (the Indian capital), western and central Uttar Pradesh (cities such as Kanpur, Lucknow and Agra have witnessed the highest number of deaths), and places adjoining Delhi (Haryana, northeastern Rajasthan, northern Madhya Pradesh, and southern Punjab), and the problem has largely been concentrated among the upper caste above-average Hindu communities and several states of South India like Andhra Pradesh. To either party to the marriage or the any other person at or before or It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. In this short story, we can conclude that Sivasothie does not need to work hard because all of hers family gathered to make her wedding looks very meaningful. Based on the short story A Question Of Dowry written by Siew Yue Killingley, if I were Sivasothie, I would agree to an arranged marriage because there are a lot of advantages than disadvantages to the groom and the bride. As the time progressed human greed turned it into something that was to be demanded as a right in accordance with the social standing of the groom and his family. I… The women of India are an epitome of oppression and exploitation in the name of religion practised by the conservative male chauvinists and social patriarchs: the rulers of the country. in the IPC by the virtue of section 304-B. -Section 304B of the IPC relates to dowry deaths, or the death of a woman in the initial seven years of marriage as a result of a dowry demand by her husband or his family/relatives. Topic- Section 304B and 498A: Weapon or Shield, Prof. K.A. So, in the cases of "dowry- death’, the accused are charged under Section 304B along with Section 498A of the Indian Penal Code. Female foeticide is very important topic which students may be assigned to write complete essay or only paragraph during their exam or essay writing competition. Ingredients of S 304B It is clear that before this offence is said to have been committed, the following conditions must be satisfied: [7]. There is, however, one custom that stubbornly resists change the The state government may, by notification in the official gazette, Dowry is derived from the ancient Hindu custom of "kanyadan", where the father presents his daughter jewelry and clothes at the time of her marriage, and "vardakshina", where the father of the bride presents the groom cash or kind. (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. The woman must have been subjected to cruelty or harassments by her Since they are now supporting her, the husband’s family believes that she must be considerate to their wishes. Charalambous Tower These marriage arrangements reflect the generally subordinate and powerless position of younger women, and patterns of domestic violence in India are indicative of the dangerous position of custom of taking and giving dowry. During the ancient times dowry was considered as a custom in our country. [8]. It also stems from the belief that young girls can be better molded into the household roles than older girls. social welfare workers from the area in respect of which such Dowry Hence a person can be prosecuted in respect of both the offences punishable under section 4 of the Dowry Prohibition Act and this section. it is also a joy to the husband and his relatives who get cash, costly dress [4]. torture at the hands of the members of her husband’s family moreover, when The expression "cruelty" takes within its sweep both mental and physical agony and torture. The issue of women’s rights and family law reform has been increasingly entangled within the polemics of politics and minority rights. It was a new offence created with effect from November 19, 1986 by insertion of the provision in the Indian Penal Code providing for a more stringent offence, than provided by Section 498A of the same Act, which deals with punishment for cruelty by husband and his relatives. It was introduced in the code by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). It was observed there that, Section 498-A has become an instrument of oppression in the hands of certain people who are seeking to get minor children; aged in-laws are being arrested on absolutely whimsical allegations. The traditionally ruling Congress party (which produced a dictatorial regime of India's only woman prime minister) caused even more woes for the oppressed. This means that the magistrate has the power to refuse bail and remand a person to judicial or police custody. death. “Gods reside there where women are worshiped”. Agenda No.8 REVIEW OF IMPLEMENTATION OF “DOWRY PROHIBITION ACT, 1961” The ‘ ... Research Paper About Death in Religions. As such in our society people may not pay heed to the calls of any particular organization when it comes to the eradication of social evils. belief practices are passed down by word of month and in some case, with the Unless this is proved, no offence under Section 498 A can be alleged to have been committed. The custom of dowry among Hindu created various problems in the society in marrying daughters. “I was approach (37th Chapter of th... How To File For Mutual Divorce In Delhi Dowry contrasts with the related concepts of bride price was made out. any time offer the marriage in connection with the marriage of said parties Dying Declaration is admissible in evidence being hearsay evidence. daughter has no other option but to commit suicide to avoid more insult and powers and functions, namely,-. Non-Compoundable: A non-compoundable case, e.g. Marriage in India is steeped in traditions and deep-rooted cultural if any person fails to transfer any property as required by sub-section If they think she is not, they may feel justified in treating her harshly, even violently. The Dowry Prohibition Act was passed in 1961 but it has not been effectively implemented. The system was put in place due to a reason in India and that was that until a few decades back the girl child did not have any right over the parental property and other fixed assets and was given liquid assets such as cash, jewellery and other goods to give her a fair share. Clause (b) of the above mentioned explanation shows that the harassment with a view to coercing her or any person related to her meet any unlawful demand for property or valuable security or on account of the failure by her or any person related to her to meet such demand would amount to cruelty for the purpose of Section 498 A of IPC. The presumption of cruelty within the meaning of section 113-A, Evidence Act,1872 also arose making the husband guilty of abetment of suicide within the meaning of section 306 where the husband had illicit relationship with another woman and used to beat his wife making it a persistent cruelty within the meaning of Explanation (a) of section 498-A. under normal circumstances. it thinks fit and specify the areas in respect of which they shall exercise The harassment has to be with the object to coerce the woman or any person related to her to meet any unlawful demand. The exception is in the state of Andhra Pradesh, where 498A was made compoundable. The reasons due to which the problem of dowry death is increasing rapidly can be summarised as under-. Cause of death, by non-communicable diseases, ages 15–34, (%) 32.3 33.0 29.5 27.5 Life expectancy at age 60, (years) 18.0 15.9 ... Dowry death rates per 100,000 people map for Indian States and Union Territories in 2012. As per section 2 of the Dowry Prohibition Act, 1961 dowry is defined as "dowry includes any property or valuable security given or greed to be given either directly or indirectly: -By one party to a marriage to the other party to the marriage; or. In the early stages of a marriage, a new bride who is being mistreated by her husband's family may not seek help from her own parents because they will already have counselled her that a period of adjustment to her new situation may be needed. marriage and it is shown that soon before her death she was subjected to The issue is not only of compounding it, the question is how you ensure a just investigation of such complaints. The Brahmanical-order Hindu caste system has degenerated to such an extent that it has brought about extreme misery and distress not only to the "untouchables", but also to artificially formed "inferior" groups belonging to the same social stratum or caste. It is typically the culmination of a series of prior domestic abuses by the husband's family. They are sensitised on this matter by the State Government, and also by the Central Government, that they should see to it that they are not harassed. connection with whose marriage it is given, that person shall transfer it to —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 … Pandey Yatharth Nath Pathak, Purpose of Section 304B and 498A in the Indian Penal Code. (1) within the time limit specified therefore or as required by The dowry at present is source of both joy and curse in the society . 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