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Dowry Deaths: Legal
Provisions and Judicial Interpretation
The author has written about the origin, meaning and causes of dowry from times immemorial. She has listed dowry deaths and related offences, judicial responses to them, presumption as proof and its evaluation, cruelty by husband and relatives, and offences covered under the Dowry Prohibition Act, 1961. The existence of dowry dates back to the pre-Vedic period. The Vedic period was the golden period for women. They shared equal status with men, known as better halves and enjoying a lot of freedom. The increase in number of women compared to men gave birth to dowry, paid in cash or kind. The Smriti period was the dark period for women as they were exploited in all walks of life. Manu had stated, "A women must be dependent upon her father in childhood, husband in youth and son in old age". The status of women was reduced to that of a Shudra. In the mediaeval period, the practice of dowry was greater in magnitude. The lslamic influence brought about a sense of insecurity. By the time the British brought the country under them around the mid-19th century, dowry had grown into a curse. In the modern period, before 1961, women were in shackles due to this social evil. Social reformers like Raja Ram Mohan Roy, Ishwar Chander Vidyasagar and Mahatma Gandhi dedicated their lives to the eradication of this evil. The Dowry Prohibition Act was extended to the whole of India, except Jammu and Kashmir. This Act defined the meaning of dowry. She has mentioned the various provisions that came into existence by Central legislation on dowry prohibition. Section 304-B was also included in the Indian Penal Code. In other chapters, she has written about major offences related to dowry deaths. Cruelty to a woman by her husband and members of his family, which mostly result in suicide, finds mention. Wife beating is the commonest instance of domestic violence. Greed leads to this heinous crime. She has also explained various offences committed under different garbs. She has listed death by burning, drowning, strangulation, starvation, injury and hanging and under other abnormal circumstances. The last chapter covers conclusions and suggestions. Though the dowry system has become deep-rooted, the time has come to raise voice against this evil. Awareness in this regard has to be spread. The media should play an active part by giving wide publicity on radio, television and newspapers in an effective manner. This may deter dowry seekers. This book shows her sincere efforts and hard work in collecting data. She has given tables of select dowry cases from various courts of India. The six annexures give the incidence and rate of dowry deaths, dowry prohibition, cruelty and other crimes against women in various states and in different years. Vinay Sharma, at a young age, has written an eye-opener, which is a must-read for all.
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