VOLUME 1: ISSUE 2 || APRIL 2019 || Email: [email protected] Website:www.whiteblacklegal.co.in Page | 1 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of WhiteBlackLegal – The Law Journal. The Editorial Team of WhiteBlackLegal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of WhiteBlackLegal or Legal Education Awareness Foundation. Though all efforts are made to ensure the accuracy and correctness of the information published, Jurisperitus shall not be responsible for any errors caused due to oversight or otherwise. Page | 2 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9810767455 Email - [email protected] EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU Phone - +91-9891639509 Email - [email protected] EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC Phone - +91-9891639509 Email - [email protected] EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990867660 Email - [email protected] EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation Phone - +91 -9013078358 Page | 3 ABOUT US WHITEBLACKLEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURAL Page | 4 CONTENTS S.No. Title Author(s) Page No. 1 ASPECTS OF DOWRY DEATH UNDER M Sri Atchyut 07 SECTION 304 B OF INDIAN PENAL CODE, 1860 AND OTHER VARIOUS LAWS RELATING TO DOWRY PROHIBITION 2 WOMAN AS A KARTA: A detailed analysis on CHILUMULA NANDITA 20 its twisted roots. SHRADDHA REDDY 3 Sustainable Development Goals and Smart Cities Vishnu Sudarshan P 30 Prattay Lodh 4 “LEGAL PROTECTION OF THE M.Santha Kumari 44 TRIBES”VALIDITY OF THE LAWS OF THE VULNERABLE, RIGHTS VS. REALITY: 5 HUMAN RIGHTS OF SEX WORKERS : Alivya Sahay 55 WHERE HAVE WE BEEN LACKING 6 Criminality, consent and Euthanasia Naimish Tewari 66 7 MISERABLE LIFE OF CHILDREN WHO GOT Sunil Kumar Mishra 77 DISABLED DUE TO WAR CRISES 8 Amendment in Section 377 of IPC and its Rishabh Agrawal 89 Ramifications Priyanshu Pawaiya 9 Effects of Mistake as to law according to the Milind Rajratnam 99 Indian Contract Act, 1872 Mitali Kshatriya 10 mental health law in India kirty ranjan rani 111 11 JOSEPH SHINE V. UNION OF INDIA- ANKIT MITTAL 118 CRITICAL REVIEW 12 Legalization of Physician-Assisted Suicide (PAS) PURUNJAI TEWARI 122 and euthanasia: An Indian perspective 13 Smell Mark-- Need for Reformation as a Trade Adhithyan.C 131 Mark 14 Mental health of women in India: A human rights Talin Bhardwaj 142 perspective Ishan Khare 15 Coalition government and its impact on federal Amrita Mishra 155 structure 16 INTERCOUNTRY CHILD ADOPTION WHO Deepanshu Paul 166 MUST ADOPT, WHAT IS IN THE FOREMOST INTEREST OF THE CHILD OR THE FAMILY ADOPTING 17 Judicial Activism: Are we marching towards a Arnab Chakraborty 181 worthier society? 18 LEGAL STATUS AND RIGHTS OF WOMEN Dhikshana Subburaj 190 IN INDIAN CONSTITUTION 19 ANALYSING DELAYS IN THE CRIMINAL Shubhaankar Ray 197 ADJUDICATION PROCESS WITH SPECIAL EMPHASIS ON THE RIGHTS OF THE VICTIM 20 International Crimes: Definition, Elements, Aifoona Punnaram 207 Essential Features Page | 5 21 LEGAL STATUS TO ANIMALS IN Shivansh Sharma 217 UTTRAKHAND, PUNJAB AND HARYANA, AND IT’S IMPORTANCE 22 national and international commercial arbitration: Heena jain 225 a juxtaposition 23 Non Partisan Media- Linchpin of Democracy Raksha H R 242 Nikhil N Bhonsle 24 Rajdharma in providing Right to health Anshika Juneja 248 Amisha Rerru Singh 25 Social response Towards Homosexuality and Ambika Dilwali 263 Third Gender Jurisprudence in India 26 Prison Cell: A place of rehabilitation or torture? Manasvi Bhatt 275 27 NEED FOR REGULATION IN IRREGULAR PAVAN KUMAR R 284 MIGRATION FROM INDIA TO THE EUROPEAN UNION (EU) 28 PROSTITUTION-AN UNRECOGNISED JOB Manu Tiwari 295 Nivedita 29 Male Sexual Assault in India: An Ignored Kanika Chugh 305 Concern 30 CONSTITUTION - AN ETERNAL LIVING Anshika Juneja 314 ORGANISM FOR INDIAN WOMEN 31 Justice K.S. Puttaswamy and another vs Union of Anukriti 324 India and others writ petition (civil) Number. 494 of 2012 32 INTERNATIONAL LAW GOVERNING Siddhant Nanodkar 329 RIVERS AND TRANSBOUNDARY USAGE 33 RELIGIOUS OUTLOOK TOWARDS LGBT Rashi Jha & 341 COMMUNITY Shriya Rastogi 34 “Restraint on Legal Proceedings by Contract” Ravi Singh Chhikara 353 35 'CAN ARTICLE 370 BE SCRAPPED? - A Tanuj Dewan & 359 LEGAL ANALYSIS Tushar Seth 36 POOR ACCESS TO RIGHT TO HEALTH IN Pooja Gurjar 369 INDIA 37 THE ADMISSIBILITY OF EXPERT Satyajit Lonkar 375 EVIDENCE IN INDIAN JUDICIAL SYSTEM Page | 6 ASPECTS OF DOWRY DEATH UNDER SECTION 304 B OF INDIAN PENAL CODE, 1860 AND OTHER VARIOUS LAWS RELATING TO DOWRY PROHIBITION ABSTRACT The concept of the Dowry Death in general refers to the murder or suicide of a married woman caused by a dispute over her dowry. The dowry death as an offence punishable under the Indian Penal Code under specific sections, there under. The offence of Dowry Death will constitute to be so, only when it satisfies certain features that is the death of the women should have occurred within seven months of her marriage and the death should be caused by the burns or bodily injury. Before the word has been added into laws it was the custom which was followed in past where the bride used to take the dowry for the husband. The word ‘Dowry’ has also been defined under the Dowry Prohibition Act, 1961 and there are certain guidelines provided i.e. The Dowry Prohibition Rules, 1998. In this study there are certain issues raised which are as follows: 1. Whether the dowry death is a punishable offence or not? 2. Whether are there any penalties for taking or giving dowry? 3. Whether the dowry taken by the wife is the benefit for her or for her legal heirs? And some other issues which are answered in the later part of paper with the help of precedents. The Dowry Prohibition Act, 1961 and The Dowry Prohibition Rules, 1998 are discussed, in an attempt to draw the rightful interpretation. The methodology followed is also discussed and the objective of writing this paper i.e. to understand and reiterate that Dowry Death is an offence under the IPC and is punishable either with fine or imprisonment or with both basing on the crime that a person commits he/she will be charged. And to conclude whatever has been written has been provided with the references to avoid plagiarism. INTRODUCTION Page | 7 1 History and Background of Dowry Death- During the pre-colonial period, ‘Dowry’ is an establishment or the foundation which was managed by women and for women. It was to enable the women to ascertain their status and have an alternative in at the time of emergencies. "In this ancient system of dowry, the parents of the bride, even her kith and kin, all gave wealth to her in the form of valuable gifts etc. Even before Dowry Death was an offence it was a custom practiced by almost every family in the society. The dowry is given to the daughter in either form i.e. movable or immovable property because she was not entitled for a share in joint family property. Dowry is the amount of property or money brought by a bride to her husband on their marriage. Dowry Death means murder or suicide of a married woman caused by a dispute over her dowry. It will occur on the basis of certain reasons. Today ‘Dowry’ is still a serious problem. Nowadays, cash, gold, movable and immovable property utility articles and non-material goods from a part of the package deal under the label of dowry. In additions, various forms of payments to the in- laws of the bride continue even after the marriage. To sum up, it is very evident that in most the brides are young, dependent and not very well-informed. So, such emergencies also take place in the early years of marriage, lastly, the deaths are camouflaged either as accidents or suicides. Furthermore, the procedural laws are significantly custom-made in empowering the Executive Authorities and Judicial Tools to act effectively in an efficient way under the Dowry related crimes. The punishments provided have been made deterrent. Organizations of social workforces and voluntary organizations in the process of enforcement of statutorily provided legal assistance which was guaranteed through the legal aid support groups and Dowry Prohibition Offices. Dowry is a curse upon our society and many innocent women lose their lives because of prohibited and forbidden ‘Demand for Dowry’. The provisions dealing with Dowry Death have been outlined and enshrined in a way that raises a presumption against the accused if certain minimum requirements are encountered. Accepting or harassing the bride or her parents for ‘Dowry’ is a punishable offence under the IPC- Indian Penal Code, 1860. DOWRY DEATH – MEANING AND DEFINITIONS- 1 Kudrat, A Critical Overview of Offences Against Women Under The Indian Penal Code, AmityLawSchool, Delhi, https://www.lawctopus.com/academike/critical-overview-offences-women-indian-penal-code/ Page | 8 Dowry Death: According to the Dictionary meaning - Dowry Deaths are the Deaths of Women who are killed or forced to commit suicide by continuous harassment and torture by husbands and in-laws in an effort to extort an ‘Increased Dowry’.