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Breaking the Chains of Dowry: A Human Journey Towards Equality in Marriage

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.
     
  • 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.
     
  • 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.
     
  • 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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