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THE LEGAL SCENARIO of DOWRY DEATH and BRIDE BURNING in INDIA by : Harshika Mehta

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THE LEGAL SCENARIO of DOWRY DEATH and BRIDE BURNING in INDIA by : Harshika Mehta INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME 2 ISSUE I (May 2021) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue X is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 4 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 THE LEGAL SCENARIO OF DOWRY DEATH AND BRIDE BURNING IN INDIA By : Harshika Mehta TABLE OF CONTENTS ABSTRACT 5 INTRODUCTION 6 DOWRY DEATHS IN INDIA 6 ROLE OF IN-LAWS AND BRIDE’S FAMILY IN DOWRY DEATHS 8 STATISTICAL DATA ON DOWRY DEATHS 9 Table 1: Occurrence of dowry deaths in India from 1995–2007 9 Table 2: Occurrence of dowry deaths in India from 2010-2019 10 Table 3: Occurrence of dowry deaths in India from 1995–2007 10 Table 4: Conviction rate for dowry deaths in India, 2005-2011. 11 Table 5: Percentage of persons convicted to trials completed for dowry deaths in India, 2005- 2011. 11 Table 6: Disposal rate for dowry deaths in India, 2005-2011. 11 Table 7: Incidences and rate of dowry deaths in India, 2005-2011. 12 Table 8: People responsible for dowry deaths. 12 Table 9: Pendency percentage dowry deaths in India, 2005-2011. 12 CONCLUSION 13 REFERENCES 14 5 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 ABSTRACT India is a country with a history of oppressive patriarchy and where women are considered as a burden, females are not educated in the rural parts of India as they are believed to do the duties of a housewife, bear children and raise them. States like Haryana in India are known for female feticides and some of the cities have absolutely no women and the men can hardly get married. When a woman gets married off in India, it is believed that the burden is shifting to her husband’s family and hence they ask for dowry in return from the parents of the bride. Dowry- murders are legislatively defined as “the death of a woman caused by any burns…within seven years of her marriage and…she was subjected to cruelty or harassment by her husband or [her in- laws] for, or in connection with, any demand for dowry.”1 This paper is based on the data provided by the National Crime Records Bureau2 about the dowry deaths in India and this paper will closely analyse the consequences of this prevalent practice in India. INTRODUCTION Domestic violence on women is highly prevalant in India. A country with 496.4 million women out of which around 45% of women are beated, slapped, kicked by her in-laws and her husband every year.3 Many women in India have now developed a sense of feeling that their husbands own them and they surrender easily as they have been socialized into believing that their husbands are entitled to power over them4 and hence they tolerate the daily verbal and physical abuse. Women in India are taught from childhood that their husbands are equivalent to god and it is their duty to protect their husband’s dignity so they “exonerate their husbands” of any blame for the harm they face as a result of the abuse.5 The normalcy of domestic violence in our society has led to the growth of dowry deaths as it gives some men the confidence to even kill their wives when they do not get what they want. DOWRY DEATHS IN INDIA In this country, every hour five women on an average face torture and harassment related to 1 This is the definition provided in the Dowry Prohibition Act enacted by the Parliament of India in 1961. Accord, e.g., Anshu Nangia, The Tragedy of Bride Burning in India: How Should the Law Address It?, 22 BROOKLYN J. INT’L 637, 675 (1997). 2The National Crime Records, https://ncrb.gov.in/en 3 Swapna Majumdar, In India, Domestic Violence Rises with Education, WOMEN ENEWS, Nov. 6, 2003, http://www.womensenews.org/story/domesticviolence/031106/india-domestic-violence-rises-education. 4 Judith G. Greenberg, Criminalizing Dowry Deaths: The Indian Experience, 11 AM. U.J. GENDER SOC. POL’Y & L. 801, 821-22 (2003). 5 Ibid at 823. 6 www.ijlra.com Volume 2 Issue I| May 2021 ISSN: 2582-6433 dowry.6 Another study found out that one Indian is buried to death every 90 minutes.7 There were 8,391 reported incidents of dowry murders in 20108 and 7000 cases were reported in 2003.9 The bride’s family does not utter a word against the death because they consider it shameful and thousands of deaths go unreported.10 There are many factors that add up and lead to the commission of this crime, mainly the marital fights about the unreasonable demands made by the husband and his family for a larger dowry than before.11 This greed has resulted in dowry demands that amount to a total of three to six times the annual male wage in villages.12 There is a never ending greed of families for dowry as they pursue a luxurious standard of living and to accumulate more wealth.13 The greed of acquiring more wealth is much greater than a life, the life of a bride. The original purpose of dowry has been completely modified and now is believed that the bride’s value is proportional to the amount of dowry she and her family can afford to give to her husband’s family. The tradition of dowry traces back to 2500 to 1500 B.C., the original purpose of dowry was for the own benefit and use of the bride. The amount of dowry that she brought at the time of marriage was for her own use.14 The wealth given by the bride's parents to her was the tradition of dowry and it was a vital custom in Hindu marriages.15 Dowry was like an insurance given by the parents to their daughter since she leaves her old house and everything at the time of marriage.16 The dowry the bride used to bring in her new family was her contribution as a new family member which gave her power and respect in her new family.17 However, as time passed by, the view of society towards dowry changed and it was no longer seen as a protection for the 6 Aysan Sev’er, Discarded Daughters: The Patriarchal Grip, Dowry Deaths, Sex Ratio Imbalances & Foeticide in India, 7 WOMEN’S HEALTH AND URBAN LIFE (May 2008) available at https://tspace.library.utoronto.ca/bitstream/1807/10365/1/Sever_discarded_daughter.pdf 7 Rahul Bedi, Indian Dowry Death on the Rise, THE TELEGRAPH, Feb. 27 2012, http://www.telegraph.co.uk/news/worldnews/asia/india/9108642/Indian-dowry-deathson-the-rise.html 8 Subodh Varma, Dowry Death: One Bride Burnt Every Hour, THE TIMES OF INDIA, available at http://articles.timesofindia.indiatimes.com/2012-01-27/india/30670050_1_dowry-death-harassment-and-cruelty- section-498a 9 Purna Manchandia, Practical Steps Towards Eliminating Dowry and BrideBurning in India, 13 TUL. J. INT’L & COMP. L 305, 307 (2005). 10 Ibid 11 Oldenburg, supra note 1, at vii 12 Siwan Anderson, The Economics of Dowry and Brideprice, JOURNAL OF ECONOMIC PERSPECTIVES, available at http://econ.arts.ubc.ca/asiwan/siwan-jep2.pdf 13 Laurel Remers Pardee, The Dilemma of Dowry Deaths: Domestic Disgrace or International Human Rights Catastrophe?, 13 ARIZ. J. INT’L & COMP. LAW 491, 498 (1996). E.g., Nangia, supra note 6, at 643. 14 Namratha S. Ravikant, Dowry Deaths: Proposing A Standard for Implementation of Domestic Legislation in Accordance with Human Rights Obligation, 6 MICH. J. GENDER & L. 449, 454 (2000) 15 Shiva, Bride Burning & Dowry, INDIAFACTS, Dec. 21, 2008, http://indiafacts.com/news/women- abuse/2008122150/bride-burning-dowry/ 16 See, e.g., OLDENBURG, supra note 1, at 32; Sunil Bhave, Deterring Dowry Deaths in India: Applying Tort Law to Reverse the Economic Incentives that Fuel the Dowry Market, 40 SUFFOLK U.L.
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