This Article is written by Shivanii singh, a Second Year Law Student of South Calcutta Law College

ABSTRACT

Women in India have been silent endures of torture, patriarchy, etc. Inflicted on them by everyone- even their family members. Even though India worships female deities, the women have been facing oppression. This is seen not only in India but the entire world. With the rise of dowry cases and the sudden surge of physical violence by the husband towards his wife, the need arose for domestic violence laws and anti-dowry laws. This article covers the rights of women and the legal analysis of dowry and domestic violence laws in India. It also covers whether these laws had a profound impact to reduce the cases and provide justice.

INTRODUCTION

1. DEVELOPMENT IN ANTI-DOWRY MOVEMENT / STRUGGLE AGAINST DOMESTIC VIOLENCE IN the 70s AND 80s[1][2]

The publication of ''Towards Equality'', the report of the committee on the status of women in 1974, and the United Nations Declaration of 1975 as the International Year of Women generated a new interest in women’s issues. The report revealed that despite equality being a fundamental right, women were discriminated against. Gender disparities have widened in employment, healthcare, education, and political participation. The report revealed that women had been accorded a secondary role which led to humiliation, torture, and violence,

SIGNIFICANCE

The report has highlighted the plight of a woman from a national perspective as a result of which Plan for Women 1988-2000. The Shram-Shakt Report 1988 and the platform for action were all published. Over the years, it has become clear that changing laws were of no use unless there was a will to implement them in the right spirit.

ANTI-DOWRY MOVEMENT AND STRUGGLE AGAINST DOMESTIC VIOLENCE[3][4]

The progressive organization of women of Hyderabad organized protests against dowry in the late 1970s. Stree Sangarsh and Mahila Dakshita Samiti also took up the campaign against dowry. It was the stress sangars whose campaign made dowry or murder a household term in India. Later a joint forum for THE DAHEJ VIRRODHI CHETNA MANDAL was formed.

The primary problem with dowry debts is an understanding between the family and the police. The Anti-Dowry campaign aimed to turn the Dowry Debts into crimes and to persuade the police to register the cases. Anti-dowry campaigns attempted to bring social pressure on the offender so that they could be isolated from the community.

ACHIEVEMENTS

• Legal and counseling centers were set up in different parts of the country as a result of this campaign.

• Women’s organizations also succeeded in getting the dowry law changed. As a result of which, The DOWRY PROHIBITION ACT, of 1961 was passed.

• The Mahilla Dakshita Samiti organized a demonstration in Delhi to take up the issue of dowry. From the 70s onward, the women's movement started against violence and sexual harassment of women at home, by police, and so on. The Prevention of Domestic Violence against Women's Act was passed in 2005 to bring to book the offenders.

Legal Framework for Dowry Prohibition

Dowry refers to goods(money, durable goods, property) that the bride's family gives to the husband’s family as a condition for marriage.

Dowry Prohibition Act, 1961[5]

This Indian law was enacted in 1961 to prevent dowry cases in India. Even after the act was in force, it was not able to bring sufficient changes and reduce dowry cases in India.

Key Provisions

• The Act describes dowry as any property or valuable security offered directly or indirectly from one party to a marriage to the other party, or by their parents or any other person, before or after the marriage, about the marriage. The Act prohibits the exchange or request of dowry, whether giving or taking it. This applies to both the couple getting married and any other individuals involved in the dowry agreement.

• According to Section 4 of the Dowry Prohibition Act,1961, any person who demands dowry directly or indirectly from the parents, guardians, or family of the bride, shall be liable under the act and will be punished for a duration of six months which may extend to two years and a fine of Rs 10,000.

• Definition of dowry death - if any woman’s death is caused by any burn or bodily injury within seven years of marriage and if it is proved that before her death she was harassed by her husband or his family, it will be called dowry death and the husband and his family will be held liable.

• The family and the husband responsible for causing dowry death will be subjected to an imprisonment of seven years which may extend to life imprisonment.

Bhoora Singh v. State of Uttar Pradesh (1991)[6]

In this case, a married woman had died under suspicious circumstances. It raised issues related to dowry death. A young married woman passed away within seven years of marriage. It was also alleged that the husband’s family was subjecting her to cruelty and torture due to demands of dowry. The issues in this case were

• Would Section 304B I.P.C. apply in the present case?

• Can a charge under Section 302, IPC co-exist with a charge under Section 304B, IPC?

The court held that this case met the criteria of dowry death under 304 of IPC. It was also proved that the husband was connected to a dowry death case.

In this case, Section 113B of the Indian Evidence Act was examined where after proving the occurrence of a dowry death case, it is now the responsibility of the accused to demonstrate their innocence.

The Protection of Women from Domestic Violence Act, 2005

Even though the act is related to domestic violence, it recognizes dowry-related harassment as a severe form of abuse and also provides punishment for dowry-related death.

Criticisms of the Dowry Laws

MISUSE OF DOWRY LAWS BY WOMEN[7]

Section 498 A of IPC states that any woman who has been subjected to harassment related to dowry and dies, whoever is liable for the offense, shall be punished.

This law is a boon for women. However, it has been misused. It is a “cognizable” offense which means that when a dowry-related case is registered, the police have to act, and a nonbailable warrant is used against him. There have been innumerable cases where women have filed fake dowry cases on their husbands' families and even blackmailed them. One such case is Munish Dalal v State (NCT OF DELHI)

Munish Dalal v. State (NCT of Delhi)[8]

Nisha Sharma had filed a dowry case against Munish Dalal, the groom which led to the arrest of his mother and grandmother.

However later on it was proved in the court that the dowry case was pre-planned and fake.

This case also proves the existence of fake dowry cases and misuse of these laws by women.

DOMESTIC VIOLENCE

Violence or abuse that takes place in a domestic environment, like within a marriage or cohabitation, is called domestic violence. Domestic violence is frequently used interchangeably with intimate partner violence, a type of abuse occurring within intimate relationships where one person harms the other, and can happen between current or former partners. In a general sense, domestic violence includes violence towards children, parents, or the elderly as well. It can present in various forms, such as physical, verbal, emotional, economic, religious, reproductive, financial, or sexual abuse, either individually or in combination.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA)[9]

According to this act, every woman has a right to reside in her matrimonial home. A woman victim can get civil relief in sixty days and several remedies are available. These include

• Right to Residence

• Economic relief by recognizing economic violence.

• temporary custody of child.

• Multiple Judgements in a single case.

Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade & Ors [10]

In this case, Sandhya's husband and family were accused of inflicting physical torture and violence on Sandhya by them. The court also looked into the matter if she had a domestic relationship with her husband. Finally, the court assessed the particular circumstances of the case and ruled within the framework of the Protection of Women from Domestic Violence Act, 2005 what kind of assistance should be provided to Sandhya.

Rajesh Sharma & Ors. v. State of U.P. & Anr (2017)[11]

The court released recommendations to avoid abuse of Section 498A of IPC, proposing actions such as family welfare committees to review complaints before arrests.

Effect: The purpose of these guidelines was to prevent the misuse of laws meant to safeguard women from abuse within marriages, while also considering the importance of providing protection.

CRITICAL ANALYSIS

There is a need for improvement in the laws. These are

• More robust implementation methods: Educating law enforcement officials on how to sensitively address dowry-related complaints and ensuring thorough investigations.

• Raising awareness: Informing communities about the illegal nature of dowry and advocating for cultural shifts to abolish the tradition.

• Establishing monitoring systems to actively supervise cases involving dowry and guaranteeing prompt legal action.

• Section 498 A of IPC states that any woman who has been subjected to harassment related to dowry and dies, whoever is liable for the offense, shall be punished.

CONCLUSION

India has greatly progressed in terms of enacting dowry laws and also in reducing cases of it, However, there have been innumerable cases of fake dowry cases.

The 73rd and 74th Amendment Acts provided for the reservation of 33% seats in the local bodies both at the urban and rural levels.

This was done to safeguard the PROVISION FOR REPRESENTATION AMONGST WOMEN IN ADMINISTATIVE OFFENCE. A major challenge is that many women themselves are unaware of their rights in law and thus there should be public sensitization to enable the women, especially in the rural areas. Further, it is envisaged that shelter homes and legal support are essential for helping victims leave abusive environments.

[1] Jagran Josh, ‘ISC Class 12 History Syllabus 2024-2025 PDF Download’ (Date) https://www.jagranjosh.com/articles/isc-class-12-history-syllabus-2024-2025-pdf-download-1713790905-1 accessed [14 October,2024]

[2] Bipin Chandra Pal, History of the Freedom Movement in India (3rd edn, National Book Trust 1990).

[3] Wikipedia, ‘Protection of Women from Domestic Violence Act, 2005’ https://en.wikipedia.org/wiki/Protection_of_Women_from_Domestic_Violence_Act,_2005 accessed 14 October 2024.

[4] Free Law, ‘Dowry Prohibition Laws’ (2024) https://www.freelaw.in/legalarticles/Dowry-Prohibition-Laws accessed 14 October 2024.

[5] Cyberabad Police, ‘Dowry Prohibition Act’ (2024) https://www.cyberabadpolice.gov.in/information/PDF/acts-laws/act-dowry.pdf accessed 14 October 2024.

[6] Indian Kanoon, ‘Bhoora Singh v State of Uttar Pradesh’ https://indiankanoon.org/doc/688079/ accessed 14 October 2024.

[7] Shreya, ‘Analysis of Dowry Prohibition Laws’ (2023) https://jcil.lsyndicate.com/wp-content/uploads/2023/06/Shreya.pdf accessed 14 October 2024.

[8] Munish Dalal v. State Govt of NCT of Delhi (2012), District Court Gautam Budh Nagar, [2012] LatestLaws.com 3291.

[9] India Code, ‘Protection of Women from Domestic Violence Act, 2005’ https://www.indiacode.nic.in/handle/123456789/2021#:~:text=India%20Code%3A%20Protection%20of%20Women%20from%20Domestic%20Violence%20Act%2C%202005&text=Long%20Title%3A,connected%20therewith%20or%20incidental%20thereto accessed 14 October 2024.

[10] Sou. Sandhya Manoj Wankhade vs. Manoj Bhimrao Wankhade & Ors. (2011) CRI.L.J. 2765 (Bom).

[11] Legal Vidhiya, ‘Rajesh Sharma v. State of U.P.: Legal Implications’ https://legalvidhiya.com/rajesh-sharma-v-state-of-u-p-legal-implications/ accessed 14 October 2024.