DEATH- HARSH REALITY OF

PRESENTED BY- SOUMI CHATTERJEE DESIGNATION- ASSISTANT PROFESSOR- LAW SYNOPSIS

 RECENT HAPPENINGS  DOWRY- CONCEPT AND EVOLUTION  304-B IPC – DOWRY DEATH  MENTALITY BEHIND THE OFFENCE  STATISTICS OF DOWRY DEATH  SUGGESTION AND CONCLUSION DOWRY DEATHS IN UTTAR PRADESH- RECENT HAPPENING

 In January 2018- Ragini was shot dead in her matrimonial home in Muzaffarnagar by her Husband and his five other relatives for non-fulfilment of Dowry- All Accused sentenced to life imprisonment. [Source: The Indian Express, http://www.pucl.org/from-archives/Gender/dowry-deaths.htm, accessed on 10-02-2020]  In 30th June 2018 - an army personal killed his by strangulation on failing to fulfil his dowry demands in Meerut. [Source: The Indian Express, https://indianexpress.com/article/cities/lucknow/uttar-pradesh-armyman-arrested-for-killing-wife-over-dowry- 5239462/, accessed on 10-02-2020]  January 5th 2018- in Gautam Buddha Nagar district- a 24 year old named pinky, was murdered by her husband for dowry. The body of the deceased was found brutally cut in several places and locked up inside the bed. [Source: http://shortheadline.com/India/In-Noida,-the-brutal-murder-of-a-woman,-filed-for-dowry-death-case-against-her-husband/5132, accessed on 10-02-2020]  August 27th 2018- in Neemka village in Gautam Buddha Nagar’s Jewar, a 28 year old woman was beaten, strangulated and then set ablaze in an alleged case of dowry demand. [Source: https://indianexpress.com/article/cities/delhi/woman-beaten-strangled-set-ablaze-in-jewar-4818397/, accessed 0n 10-02-2020]  In the year 2015- in Dankaur region - a 22 year old woman was killed by her husband and in-laws- All the accused are booked under 304B (Dowry Death), 498A (Cruelty), Dowry Prohibition Act, 1961. [Source: https://timesofindia.indiatimes.com/city/noida/Husband-kin-booked-for-dowry-death/articleshow/48964003.cms, accessed on 10-02-2020]  Around 140 cases of dowry deaths were reported in the year 2017 in the district of Gautam Buddha Nagar, UP. [Source: https://www.business-standard.com/article/pti-stories/women-related-cases-pile-up-in-gautam-buddh-nagar-courts-117091500065_1.html, accessed on 10-02-2020]  In Noida itself, the number of dowry deaths registered were 32 in the year 2017. [Source: https://www.hindustantimes.com/noida/noida-heinous-crimes-against-women-rise-in-district/story-XBwAJjOlWLH4CrkfYGFs3N.html, accessed on 10-02-2020] DOWRY – CONCEPT AND EVOLUTION

 Dowry comes from the word – Latin word- DOTARE- means to portion out – not an original Indian concept

[Source: www.vocabulary.com, accessed on 10-02-2020]  In Vedic Period – concept of Stridhan existed- financial security from father or brother – at the time of

[Source: A.S Atlekar., ‘The Position of Women in Hindu Civilization’, MotilalBanarasiDas Publishers Pvt Ltd., 12th edition Reprint (2016), Delhi, pg-31.]  In Medieval Period – No change in concept of dowry  Advent of the British – Concept changes – British abolishes the right to private ownership of land or wealth by women [http://www.hitxp.com/articles/history/origin-dowry-system-bride-woman--british/, accessed on 10-02-2020]  The modern concept of Dowry is born- where the women had to hand over all gifts – monetary or items to her husband – no right over her own wealth  Eventually people grew greedier and demanded more and more dowry  This became the reason for enactment of the Parent Act- Dowry Prohibition Act,1961 304 B IPC – DOWRY DEATH

 304B IPC- came into effect- Criminal Law (Amendment) Act, 1986.  Cause for enactment – failure of the Dowry Prohibition Act, 1961  Essentials- (a) The death of a woman should be caused by burns or bodily injury or otherwise than under normal circumstances (b) Such death should have occurred within seven years of her marriage (c) She must have been subjected to cruelty or harassment by her husband or any relative of her husband (d) Such cruelty or harassment should be for or in connection with demand for dowry. [Source: Shanti v. State of Haryana, AIR 1991 SC 1226]  It is a must that the cruelty should have been caused “soon before death” of a woman

[Source: Keshab Chandra Panda v. State, (1995) 1 Cr LJ 174 (Ori)]  Punishment – min 7 years imprisonment can be extended to life imprisonment. MENTALITY BEHIND SUCH OFFENCE

 Nalini Singh, views dowry death in light of a woman’s low political status- She clearly states that women hold “zero political status” and denial of basic civil rights is the main cause behind the offense. [Source: http://www.pucl.org/from-archives/Gender/dowry-deaths.htm, accessed on 10-02-2020]  A person perceives women to be a weaker class or gender and subject her to cruelty or harassment.  Unnecessary authoritative attitude of husbands towards their .  Greed – one of the main reasons behind dowry harassment.  Status Symbol – More the Dowry Happier the Marriage – Wrong Ideologies  If the demand for desired dowry is not fulfilled, then there is no need for the wife to be alive. STATISTICS – DOWRY DEATH – NCRB 2017 & 2018 REPORT

Dowry Death in 2018

2521 Uttar Pradesh 59445

7277 India 378277

India Uttar Pradesh Dowry Death 7277 2521 Crime Against Women in 2018 378277 59445

Dowry Death Crime Against Women in 2018 DOWRY DEATH -2017 STATISTICS

Dowry Death in 2017

2711 Uttar Pradesh 56011

7838 India 359849

India Uttar Pradesh Dowry Death 7838 2711 Crime against women 359849 56011

Dowry Death Crime against women STATISTICS OF DOWRY DEATH IN 2015 & 2016 IN UP

 According to a report of the National Crime Records Bureau in 2015, in Uttar Pradesh the for dowry was 21 in Agra, Lucknow 6, Varanasi 4, Ghaziabad and Allahabad 3 each and Meerut Zero. [Source: https://timesofindia.indiatimes.com/city/agra/agra-has- second-highest-number-of-dowry-related--cases-in-up/articleshow/56393858.cms, accessed on 10-02-2020]  As most number of reported cases of dowry deaths was in the Kanpur city- 50 cases, Lucknow was the second highest with 42 registered cases and Ghaziabad was third with 20 registered cases of dowry deaths. [Source:http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/Crime%20Statistics%20-%202016.pdf, accessed on 10-02-2020]

Suicide due to Dowry Dowry Deaths In 2016 Harassment in 2015 0 Ghaziabad, 20, 18% 3 3

Kanpur, 50, 45% 4 21 Lucknow, 42, 37% 6

Kanpur Lucknow Ghaziabad Agra Lucknow Varanasi Ghaziabad Allahabad Meerut STATISTICS OF DOWRY DEATH IN 2012,2013 & 2014 IN UP

 According to the Ministry of Women and Child Development a report based on the National Crime records Bureau, the highest recorded number of dowry deaths in the years 2012, 2013 and 2014 was in Uttar Pradesh. [Source: http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/Crime%20Statistics%20-%202016.pdf, accessed on 10-02-2020] - 2224 dowry deaths in 2012, 2335 in 2013 and 2469 in 2014 in Uttar Pradesh.

Dowry Death- 2012,2013 & 2014 in UP

2469, 35% 2224, 32%

2335, 33%

2012 2013 2014 SUGGESTIONS & CONCLUSION

 The demand of dowry must be discouraged by everybody.  Men since their very childhood must be taught that he must respect, regard and honour women.  Our education system should include subjects like social morals and morality must be taught since the primary years of education  People in rural areas must be made aware of the dire consequences of demanding and giving of dowry and related offences.  If the present generation is educated only then the coming generation will learn to discourage any kind of social evil REFERENCES

 A.S Atlekar., ‘The Position of Women in Hindu Civilization’, MotilalBanarasiDas Publishers Pvt Ltd., 12th edition Reprint (2016), Delhi, pg-31  http://www.hitxp.com/articles/history/origin-dowry-system-bride-woman-india-british/  Shanti v. State of Haryana, AIR 1991 SC 1226  Keshab Chandra Panda v. State, (1995) 1 Cr LJ 174 (Ori)  http://www.pucl.org/from-archives/Gender/dowry-deaths.htm,  https://timesofindia.indiatimes.com/city/agra/agra-has-second-highest-number-of-dowry-related-suicide-cases-in-up/articleshow/56393858.cms  http://ncrb.gov.in/StatPublications/CII/CII2016/pdfs/Crime%20Statistics%20-%202016.pdf  http://www.pucl.org/from-archives/Gender/dowry-deaths.htm  https://indianexpress.com/article/cities/lucknow/uttar-pradesh-armyman-arrested-for-killing-wife-over-dowry-5239462/  http://shortheadline.com/India/In-Noida,-the-brutal-murder-of-a-woman,-filed-for-dowry-death-case-against-her-husband/5132  https://indianexpress.com/article/cities/delhi/woman-beaten-strangled-set-ablaze-in-jewar-4818397/  https://timesofindia.indiatimes.com/city/noida/Husband-kin-booked-for-dowry-death/articleshow/48964003.cms  https://www.business-standard.com/article/pti-stories/women-related-cases-pile-up-in-gautam-buddh-nagar-courts  https://indianexpress.com/article/cities/delhi/woman-beaten-strangled-set-ablaze-in-jewar-4818397/  All Pictures Source : Google Images THANK YOU