Some Indians are currently struggling for the freedom to be married. Marriage
unites not just two individuals but also two families within society, and
occasionally the entire society. It is a wonderful aspect of our culture. One
identification that allows you to benefit from some rights that you do not have
in a live-in relationship is marriage.
Our LGBTQ+ community wants the freedom to marry for this reason. However,
marriage is not as simple as we may imagine, and not everyone can handle the
repercussions of marriage.
Marriage is an essential component of civilization and the source of happiness,
pleasant times, and fresh starts. However, the dower system in Indian culture is
one of the oldest manifestations of cruelty associated with marriage from the
standpoint of a woman. Even though there is a lot being said and done to
challenge the tradition, it still exists in the twenty-first century in both
subtle and obvious ways.
The custom of introducing endowment is the most basic expression of male
supremacy in society and the basis for a wide range of social injustices against
women. During the time of marriage, it is customary for a young woman to give a
lot of money, valuables such as gold jewelry, electrical devices, portable
appliances, or ardent assets to the groom and his family.
Despite that the tradition began with parents trying to ensure their young
daughters' financial stability; it has evolved into parents funding their
daughters' affirmation of success in the modern era. The jewelry and cash that a
woman of the hour brings from her residence are commonly referred to as "Streedhan"
and are technically the young lady's property, but the boy's family typically
views them as their rightful inheritance.
The amount that must be paid in shares has no defined amount; instead, it is
determined by the boys' social position or calling. The prep family often views
this amount as compensation for the sacrifices they have made to educate their
child. The settlement structure continued unchecked, spreading to unsettling
levels and harming many young women.
The nation witnessed the development of this framework's shades of hatred take
on a more intense and serious form as a result of the Frankenstein attitude by
the general people. It's trending for a larger portion of the population to ask
for and anticipate the spouse cost. We ask for extreme entireties and other
important considerations.
Introduction
It is a long-standing Indian tradition to provide dowries to girls entering into
marriage. In actuality, the daughter is the intended recipient of that portion
of the parents' money. This facilitates the bride and the girls in question
starting their own household. Still, It is quite unfortunate that our system has
become a threat and a social ill in our society, and that this custom has been
corrupted.
Weddings are no more joyful occasions; instead, they make parents and brides
anxious in case the groom's family demands extravagant gifts the night before
the wedding. In reality, the avaricious groom and his parents frequently request
gifts in kind or cash, like a car, video, etc., which the girl's parents might
not be able to provide. Then, they find themselves torn between the deep water
and the devil. The girl faces shame for calling off the wedding at the last
minute. Frequently, nefarious rumors are disseminated about her in order to make
reengagement and marriage seem like a good idea.
The strain that such a circumstance creates often drives girls to suicidal
lengths. The boy's family also uses harassment after the wedding as a tactic to
get the girl to ask her parents for the gifts they want, rather than making
irrational demands prior to the wedding. The girl's life is practically turned
into a nightmare until she satisfies the irrational expectations of her husband
and in-laws, and she is teased at every turn.
Such impolite people also utilize the ruse of sending the bride to her parents'
residence with instructions to return only if she can persuade them to offer a
larger dowry. In this circumstance, the girl's only choice is to comply with
these requests and compel her parents to do so. Girls are sometimes motivated to
take their own lives when they realize that their parents are unable to meet
these expectations.
The fact that there are so many instances of this kind of behavior speaks
volumes about the Indian character. This is the lowest degree of avarice,
depravity, and inhumanity to which a person may descend. To feed their avarice,
brides are brutally and shamelessly burned to death. This unfortunate situation
needs to be changed as quickly as feasible, and The answers are not so simple.
Even though it is illegal to give or accept dowries in this day and age, people
continue to do so with impunity and fearlessness. It follows that the issue
cannot be resolved by the law on its own. In this case, organizing public
opinion against it is crucial. Young men ought to decline to accept dowries.
They ought to understand that a marriage unites two souls. Having a family of
their own after marriage provides them with motivation to pursue their
professional goals.
As a result, they ought to decline receiving dowry. Instead, they ought to be
self-assured enough to turn down the bride's parents' attempts to "buy" them
with cash or gifts. In a similar vein, girls ought to decline to wed a little
child who is so avaricious that he would ask her parents for anything. Rather
than letting her feelings of romance get in the way, she should be concerned
about marrying a boy who exhibits even the slightest hint of avarice before
being married.
Getting a professional education for every lady is another crucial way to help
her become financially independent before getting married. It would be even
better if she worked before getting married, as financial independence would
boost her confidence. She might easily turn away avaricious young men. Stated
differently, it would bestow upon her the utmost confidence to heal herself.
It would be challenging to harm a working-girl who can respond to them with the
same coin. Ultimately, the only way a true solution may emerge is if the public
is effectively agitated against the giving and receiving of dowries. It would be
challenging to eradicate until every person saw it as a bad thing. As a result,
this needs to be handled like a war, and all official media should be utilized.
All the laws in the nation won't be able to stop it unless elderly and young
men, women, and even children view it as a societal evil.
Therefore, the issue can only be resolved by everyone making a constant,
persistent, and cooperative effort to spread the word about the social evil that
is dowries. The dower system is used in nearly every area of Indian culture.
When a daughter gets married, her parents pay her dowry. It is a form of
assistance from the bride's parents to the newlyweds in setting up a new
residence. This tradition dates back a long way.
In the past, it wasn't bad because it was a voluntary process, but in the
present, it's become an evil that is necessary. Our society's foundation has
been eroded by the dower system. For the parents, having a daughter is not a
happy occasion. When a girl is young, she puts her parents through a lot. They
are going to have a very hard time finding their daughter a good partner.
Getting her married in a wealthy and reputable household is a challenge. lacking
a respectable dowry.
Even if she is gorgeous and intelligent, a poor woman's daughter cannot marry
the son of a wealthy man. Many girls kill themselves in order to protect their
parents from the misdeeds of dowry. Numerous more ills stem from this tradition.
Parents use both legal and illegal measures to amass money in order to feed the
grooms' avarice.
The government of India has resolved to eradicate this wickedness from Indian
society. To end this major atrocity, laws are being established. Young people
are also standing up to speak out against this scourge. People ought to swear
allegiance to combating this terrible scourge. It is a disgrace to the honorable
reputation of this wonderful nation. Men ought to attempt washing as well. rid
of this filthy stigma.
Research Objective
This research paper's primary goals are to comprehend the idea of dowry death,
offer solutions for its total abolition in India, identify the factors that lead
to it, refer to laws and programs that deal with dowry death, and assess whether
or not they uphold the rule of law.
Research Methodology
The research approach has been doctrinal; nevertheless, if possible, data will
be provided to make the study actual and useful. Through a variety of methods
and sources, the study aims to methodically gather and include all pertinent
information that can be found on the subject in publications, case law, and
statutory enactments. As part of the investigation, the legislation currently in
place that addresses the issue in India's judicial and national tendencies
regarding the issue.
In order to get to a firm conclusion, the study's primary and secondary sources
on the topic matter have been examined. An attempt has been made to recommend
actions. Legislative enactments and court decisions are examples of primary
sources, while textbooks, essays, journals, magazines, and newspapers are
examples of secondary sources.
Hypothesis
Even since dowry prohibition laws were passed in India, there has been no
discernible drop in the number of matrimonial crimes. Since dowry prohibition
laws were passed into law in India, there has been a noticeable drop in the
number of matrimonial crimes.
Dowry Death: Medical And Legal Aspects
A portion of the vital medical records that were warranted have been handled
here in order to carefully evaluate the delicate situations that the legal
experts examined during their scheduled visit. The crucial point of view is that
police should not only move quickly to keep a safe distance from the destruction
of crucial evidence at the site of wrongdoing, but they should also move quickly
to gather all complaints of this kind. Additionally, this should be trained for
case analyses in the event that a unique team or cell is maintained.
Furthermore, if local law enforcement is remaining behind or staging a
postponing arrangement, after which the officers in charge are brought closer or
purposeful associations are brought closer in order to complete the greatest
examination conceivable. A strong awareness of wrongdoing is also centered by
the inclusion of media. If the victim is still alive after the incident, efforts
should be taken to have a qualified professional document their statement.
The assertion of passing on has legal validity since Indian law assumes that a
man who acknowledges that her death is imminent will always speak the truth and
never embellish it. Nevertheless, as we would see, under some conditions, female
victims who provide a confirmation of their death may provide false information,
particularly if the woman is endure the torture for a considerable amount of
time together, or else she becomes extremely depressed, needs medication, or
needs to ensure the future of her children. Strangely, the courts have not
fairly evaluated these points of view.
The emotional difficulties that these victims who are making funeral
announcements face are never taken into account by the courts. Legal should look
into the reliability of passing on announcements, particularly if logical
certainties cast doubt on the veracity of a declining announcement. Instead of
the fading affirmation, they give recognition and leaning to the rational
actualities.
Furthermore, the reason behind the victim's deathbed confession is either to
protect the rights of her children or other family members, while the
criminologists or medical pathologists outfit realities with without hesitation
and in the best interests of the community to support the equity organization.
Every life ends one day, but an abnormal one, particularly due to settlement,
leaves a terrible example of a well-functioning society.
More deterrent sentences or proof of guilt from the accused's arraignment will
not succeed unless the public is made aware of the terrible consequences of
endowment and is assured insurance in the unlikely event that they come forward
to oppose it and provide exceptional assistance in indicting such wrongdoing by
providing truthful evidence about the general care provided to the lady of the
hour before her passing.
Causes Of Dowry's Death
This was a social researcher's top concern study by Nalini Singh based on an
examination of the romantic relationships of 38 young women, aged 17 to 24. In
each of these cases, the husband died suddenly, ostensibly due to pressure over
money.She suggested that women's role in the public sphere is mostly determined
by the general perception that women are less useful than males. She refers to
this as their "Zero-political Status" and their rejection of basic social
equality.
She observes that endowment as a clear declaration of how one's sexual
orientation determines one's value or significance. Given that women's worth is
unequally appropriated during childbirth, shared goods and additional substances
can help women who are experiencing worth-lack. The underlying principles of
this The deep-rooted lack of worth in women is such that even those who earn
more than their partners are made to feel obligated to continue providing
businesses and settlement goods after marriage, exactly like the one woman who
receives nothing.
Accordingly, she observes, the endowment doesn't occur because blessings asked
for by in-laws and gifts received are inconsistent, but also because newlywed
women typically don't have any political clout in their new homes. The enduring
desire for endowment is just one more way that the lowly political standing is
abused. She is also mistreated in countless other ways by taking advantage of
this deficiency.
Accordingly, she claims, the word "settlement" is misleading. When badgering
linked to shares occurs as part of a larger order to harass a person who has
little political standing. Seldom is a share the only factor in an alleged
settlement. Because of their solely authorized insufficiency, which deprives
them of their fundamental human rights, young women would continue to endure
torture and badgering in their in-laws' households even if demands for
settlement were to be fully granted.
According to Nalini Singh, from the earliest days of a marriage, the in-laws
ruin the life of a lady of the hour because they believe she has given them her
entire being. She turns around to demonstrate her lack of political standing and
slips into the cornerstone of the professional hierarchy, despite her parents'
assurances that self-destruction is a noble trait among women.
If women are generally agreed upon to maintain quiet consistency with prescribed
norms, then why are our young girls failing miserably in marriage? According to
Singh's research, young women actually don't adjust to the complete absence of
political significance in their end family. However, because that is what their
phony childhood dictates, they replicate complete compliance. Those in authority
above them take this compliance as genuine content.
In keeping with their understanding that the woman of the hour's parents owe
them an infinite amount of compensation, the in-laws construct a path for this
maneuver through the current woman of the hour. Devoid of a political stance,
she is unable to refuse this request out of embarrassment and appears to be
considering her options: either way, she gives in and gets the goods from her
parents (having first deflected some of the harshness of the request by putting
up with physical aggression herself), or she refuses and dresses up the part of
herself that she has not yet given up.
She emphasizes how important it is that many women finally have the second
alternative, albeit at great personal risk and exorbitant expense, and that they
provide supported protection against calls for sharing. This impediment appears
to be extremely provocative to the spouse's despotic family.
Punishment
Under section 304-B (2) of IPC whoever commits dowry death shall be punished
with imprisonment for a terms which shall not be less that 7 yrs. but which may
extend to imprisonment for life. Classification Of Offence The Offence U/S 304-B
is:
- Cognizable
- Non-bailable Non- compoundable
- Tribal by Court of Session
Cases:
- High Court of A.P., Satyanandam v. Public Prosecutor, 2004
In this instance, the court decided that the accused might still be found guilty
of dowry demand even in the absence of proof of dowry death.
Â
- Ram Gopal Asawa & Others v. State of Andhra Pradesh (AIR 2004 SCC 470)
The court determined that there had to be close and active connection between
the death in question and the consequences of dowry-driven abuse.
Â
- State of Punjab v. Kans Raj, AIR 2000 SC 2324
It is not always possible to hold the in-laws or other relatives accountable for
the husband's actions when it comes to the dowry demand. When an accusation of
this kind is made, the overt actions attributed to someone other than the
husband must be proven true beyond a reasonable doubt. It is insufficient to
hold such relations accountable for the dowry death offense based solely on
assumptions and connotations.
However, there is a tendency to involve all of the deceased wives' in-laws in
dowry death matters, which, if not discouraged, is likely to impact the
prosecution's case, even when it comes to the actual offenders. The parents of
the deceased have been shown to have attempted to involve other relatives in
their excessive zeal and eagerness to secure convictions for as many individuals
as possible. This ultimately undermines the prosecution's case, even against the
actual accused, as it seems to have done in this particular case.
Â
- State of Bihar v. Arnesh Kumar, 2014 (8) SCC 273
In the recent years, the number of marriage problems has increased phenomenally.
In this nation, the institution of marriage is held in high regard. The purpose
of the introduction of Section 498-A IPC was to address the threat of harassment
that a woman would face from her husband and his family.
The reality that IPC section 498-A is Being a punishable offense without the
need for bail has given it a bad reputation among the laws that resentful
spouses employ as weapons rather than as a shield. Using this provision to get
the husband and his family jailed is the easiest method to torment them. A
considerable number of cases include the husband's sick grandparents and
grandfathers, as well as their sisters who have been overseas for decades, being
detained.
Conclusion
Indian culture is plagued by the daily problem of settlement demise. It should
be recognized that enacting laws against sharing is not enough to achieve the
desired results. Police, women's welfare organizations, supposed open workers,
legal, and all other relevant parties must attack this social stigma in a
methodical and multifaceted manner, providing all those who cause obstacles with
hindrance discipline. guilty parties. In any event, reducing the number of
demanding positions available at the entrance step or in independent work
offices, together with changing the educational status of women, will aid in
containing the incidence of sharing.
Similarly, educational and mindfulness projects should be created during the
early stages of marriage to prevent one partner from abusing drugs, alcohol, or
gambling, restricting themselves to monogamy, and earning money through hard
work alone rather than fostering a desire for money without labor.
We believe that a reasonable and practical solution to the aforementioned
problem will be very helpful. Settlement is given to the husband or his parents
in the form of cash and goods, including as clothing, appliances for the home,
and cars. lady's household. Despite being illegal in India since 1961, it
continues to be practiced regularly, with terrible consequences.
Women have committed themselves because they were unable to deal with harassment
for unpaid endowment installments. Others who neglected to follow through on
their settlement requests were murdered by their partner or in-laws. India
records about 8,000 settlements annually, according to the national wrongdoing
insights agency. In Gurgaon, a modern Delhi satellite city, two women in their
20s committed suicide at around the same time last month due to endowment
badgering. According to the Times of India, the number of settlers increased
from 12 in 2015 to 20 a year ago, or 66.7%, per capita.
For a different scenario described a month prior in A 21-year-old woman in
Hyderabad passed away after an argument about settlement led to her better half
and the guardian's in-law dousing her in lamp fuel and setting her ablaze. A
product builder in Hyderabad is believed to have hanged herself on Monday after
her better half harassed her for settlement installments, despite the fact that
her family had given him substantial amounts of gold and cash at the time of
their marriage. Even since dowry prohibition laws were passed in India, there
has been no discernible drop in the number of matrimonial crimes. Thus, the
hypothesis is validated.
Written By: Chunni Kumari, College- Ajeenkya DY Patil University Pune
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