Dowry death

What is dowry death

In simple terms, "dowry death" refers to the death of a woman within seven years of her marriage due to injuries or unnatural causes. If it's proven that she was mistreated or harassed by her husband or his family for dowry just before her death, they can be held responsible. As for dowry, it's defined as any property or valuable items given or promised to be given by one side of the marriage to the other. This can be from the bride or groom's family or even someone else, and it can happen before, during, or after the marriage.

Under Section 2 of the Dowry Prohibition Act, 1961, "dowry" is defined as any property or valuable security given or agreed to be given, either directly or indirectly:

• By one party to a marriage to the other party; or
• By the parents of either party or by any other person, to either party to the marriage or to any other person;

Such transfers can occur at, before, or any time after the marriage, provided they are in connection with the marriage of the said parties. However, this definition explicitly excludes "dower" or "mahr" in the case of individuals to whom Muslim Personal Law (Shariat) applies.

The official definition of Dowry Death

Dowry Death as defined in legislations

Dowry Prohibition Act, 1961

Under Section 2 of the Dowry Prohibition Act, 1961, "dowry" is defined as any property or valuable security given or agreed to be given, either directly or indirectly:

• By one party to a marriage to the other party; or
• By the parents of either party or by any other person, to either party to the marriage or to any other person;

Such transfers can occur at, before, or any time after the marriage, provided they are in connection with the marriage of the said parties. However, this definition explicitly excludes "dower" or "mahr" in the case of individuals to whom Muslim Personal Law (Shariat) applies.

Bharatiya Nyaya Sanhita, 2023

Section 80 of the Bharatiya Nyaya Sanhita, 2023, under the chapter "Of Offences Relating to Marriage," replaces the Section 304B of the Indian Penal Code,1860 and defines "dowry death" as the demise of a woman caused by burns, bodily injury, or occurring under suspicious circumstances within seven years of her marriage, provided it is established that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry demands shortly before her death. In such instances, the husband or his relatives are legally presumed to have caused her death. The punishment is imprisonment for a term not less than seven years, which may extend to life imprisonment.

Legal Provisions relating to Dowry Death

Bharatiya Sakshya Adhiniyam, 2023

Under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (which replaces Section 113B of the Indian Evidence Act), if it's shown that a woman was subjected to cruelty or harassment for dowry soon before her death, the court is mandated to presume that the accused caused the dowry death. This presumption is rebuttable, meaning the accused can present evidence to challenge it.

Dowry Death as defined in official government reports

91st Law Commission Report

The 91st Law Commission Report makes the following key recommendations to address dowry-related deaths through amendments to the Indian Evidence Act, 1872:

• A presumption should arise when a married woman dies within five years of marriage due to burns, injuries, or similar causes in the home she shared with her husband, and the death occurs behind closed doors. It should be presumed that such a death was not accidental.
• If a married woman dies within five years of marriage under similar circumstances and there is credible evidence of persistent dowry demands made against her or her family, it should be presumed that her death was either:

1. A suicide driven by such demands, or
2. A homicide linked to these demands.

202nd Law Commission Report

The 202nd Law Commission Report critically analysed Section 304B of the Indian Penal Code (IPC), which addresses dowry death, and its distinction from the offence of murder under the IPC. While both involve the death of a bride, dowry death is characterized by the absence of a direct causal link between the accused typically the husband or his relatives and the wife's death. Instead, the law presumes culpability if the woman dies under unnatural circumstances within seven years of marriage and there is evidence of dowry-related harassment prior to her death. This presumption shifts the burden of proof onto the accused, contrasting with murder charges, where the prosecution must establish intent and causation beyond a reasonable doubt. Recognizing these distinctions, the Law Commission of India, in its 202nd Report, concluded that prescribing the death penalty for dowry deaths is unwarranted. The Commission emphasized that the principle of proportionality and the overall scheme of the IPC do not support such a severe punishment for dowry deaths. However, if a dowry death case also qualifies as murder, the death penalty may still be imposed under the provisions for murder, subject to the 'rarest of rare cases' doctrine. The Commission's recommendations aim to clarify the independent nature of dowry death as an offense, separate from murder, to address widespread misconceptions and ensure appropriate legal responses.

Other documents or legislations

The gravity of dowry death has also been recognized in disciplinary procedures for government servants. As per an Office Memorandum issued by the Ministry of Personnel, Public Grievances, and Pensions (DoPT) on 22nd August 1987, government employees implicated in dowry death cases under Section 304B IPC are to be immediately suspended under the Central Civil Services (Classification, Control, and Appeal) Rules, 1965. If a government servant is arrested in connection with such an offense or if a police report under Section 173(2) of the Criminal Procedure Code prima facie establishes their involvement, suspension is mandatory. This reflects the government’s strong stance on addressing and preventing crimes against women within the public sector.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the UN General Assembly in 1979, is often referred to as the international bill of rights for women. With its preamble and 30 articles, the convention defines discrimination against women as any exclusion or restriction based on sex that impairs the equal enjoyment of rights across political, economic, social, and cultural life. Although CEDAW does not specifically mention dowry deaths, it obligates all signatory countries to enact legislation that eliminates discrimination and upholds women's rights. As a signatory, India has taken significant steps toward addressing gender-based injustice by enacting laws and creating institutions aimed at protecting and empowering women. These efforts reflect the broader commitment under CEDAW to tackle deeply rooted social issues, including those that lead to crimes like dowry-related violence and deaths.

Dowry Death as defined in case laws

Kamesh Panjiyar vs. State of Bihar (2005)

The Supreme Court outlined the essential elements of Section 304B IPC for dowry deaths, including unnatural death of a woman within seven years of marriage, cruelty or harassment related to dowry demands soon before death, and a proximate link between the harassment and death. The Court clarified that "dowry" under Section 304B IPC must be understood as per Section 2 of the Dowry Prohibition Act, covering demands made before, during, or any time after marriage if connected to the marriage. Customary payments unrelated to marriage demands are excluded.

Bachni Devi and Ors. vs. State of Haryana (2011)

The Court emphasized the legislative intent of the Dowry Prohibition Act, which criminalizes dowry demands at any point connected to marriage. Amendments to the Act aimed to curb rising dowry deaths. The Court reiterated that the term "dowry" includes property or valuable security given as consideration for marriage and encompasses demands made before, during, or after marriage if linked to marriage. The Act targets not just dowry receipt but also demands causing non-fulfillment consequences, like a failed marriage.

S. Gopal Reddy vs. State of A.P. (1996)

The Court elaborated that "dowry" under the Act includes money, property, or valuable security demanded directly or indirectly as a consideration for marriage. It distinguished dowry-related demands from legally recognized claims, emphasizing that such demands tied to marriage are punishable. The Court underscored the Act’s aim to combat dowry-related social evils by penalizing demands for dowry, whether before, during, or after marriage.

Maya Devi and Anr. vs. State of Haryana (2015)

The Supreme Court addressed the "soon before her death" requirement under Section 304B IPC and Section 113B of the Evidence Act. It noted that the term signifies a proximity test, requiring a close and live link between the harassment due to dowry demands and the woman’s death. The interval between harassment and death should not be too long or remote; otherwise, it becomes irrelevant. The determination depends on the case’s facts and circumstances, emphasizing the need for a proximate connection to dowry-related cruelty.

Appearance of Dowry Death in database

The Crime in India 2022 Report

The Crime in India 2022 report, published by the National Crime Records Bureau (NCRB), offers a comprehensive overview of crime statistics across India. This authoritative annual publication includes detailed, state/UT-wise and city-wise data on various categories of crime, including violent crimes, crimes against women, and dowry-related offenses. It also covers information on the disposal of cases by courts and the status of persons arrested for crimes against women.

Research that engages with Dowry Death

Medical Evidence in Dowry Deaths: An Evaluation by Indian Courts

The paper “Medical Evidence in Dowry Deaths: An Evaluation by Indian Courts” highlights the crucial role of forensic evidence in establishing the cause of death in dowry-related cases. While dowry deaths are often committed in secrecy, the study shows how medical reports covering burns, asphyxia, poisoning, and other unnatural causes have helped courts determine whether the death was accidental, suicidal, or homicidal. Through analysis of various judgments, the research emphasizes that in the absence of proper medical evidence, convictions often fail, underscoring its importance in ensuring justice for victims.

Atrocities Against Women in Orissa

The report Atrocities Against Women in Orissa by Kumar S. Utpal offers a critical examination of the social, legal, and institutional responses to gender-based violence in the state. It highlights persistent issues such as dowry-related violence, domestic abuse, and sexual assault, while also analyzing gaps in enforcement and victim protection mechanisms. The study underscores the need for more responsive legal frameworks and stronger grassroots interventions to combat entrenched patriarchal norms and ensure justice for women in Odisha.

Institutional development and the dowry death curve across states in India

The article 'Institutional development and the dowry death curve across states in India' explores how dowry deaths in India relate to economic development between 2001 and 2011. It finds that in poorer states, rising incomes often lead to more dowry deaths due to persistent gender inequality. In contrast, wealthier states see a decline in such deaths as formal institutions strengthen and gender norms begin to shift. The study highlights that development alone doesn’t reduce violence against women, it depends on a state's overall level of progress.

Challenges

The provisions addressing dowry deaths in India, including Section 80 of BNS and the Dowry Prohibition Act, 1961, face several challenges that undermine their effectiveness. One significant issue is the ambiguity in terms such as "soon before her death," which requires judicial interpretation and can vary across cases, potentially leading to inconsistent judgments. The burden of proving cruelty or harassment often falls on the victim's family, who may lack resources or face societal pressure to stay silent.

Additionally, while the laws aim to penalize offenders, enforcement remains weak due to inadequate investigation, police apathy, and a slow judicial process, which often results in delayed or denied justice. Societal norms and deep-rooted cultural acceptance of dowry further hinder progress, as the practice persists covertly despite being illegal. Finally, the lack of comprehensive support systems for women, such as economic empowerment and robust legal aid, exacerbates their vulnerability, highlighting the need for stronger implementation and societal reforms to address the root causes of dowry-related violence.