Death Due to Dowry - A Legal Analysis
TABLE OF CONTENTS
TABLE OF CASES 3
TABLE OF AUTHORITIES 4
RESEARCH METHODOLOGY 7
CHAPTER I: DEFINING DOWRY IN LEGAL TERMS. 9
CHAPTER II: SOCIOLOGICAL EFFECTS OF DOWRY AND LEGAL ANALYSIS.. 13
CHAPTER III: IS DOWRY DEATH DECLINING? 19
TABLE OF CASES
1. Dwarkadas shrinivas v. Sholapur Spinning and Weaving Co.
2. K. Prema S. Rao v. Yadla Srinivasa Rao,.
3. Kunju Moideen v. Sayed mohd.
4. Paniben (Smt), v. State of Gujarat.
5. Smt. Shanti and Another v State of Haryana.
6. The Collector of Bombay v. Nusserwanji Rattanji Mistri and others.
7. V. Jhadav v. ...view middle of the document...
This slowly developed and became the symbol of prestige and status which were followed by the kings and rich men to show the superiority over the other. And finally this developed in the present day form of social practices.
“Every time a case relating to dowry death comes up, it causes ripples in the pool of the conscience of this Court Nothing could be more barbarous, nothing could be more heinous than this sort of crime. The root cause for killing young bride or daughter-in-law is avarice and greed. All tender feelings, which alone make the humanity noble, disappear from the heart. Kindness, which is the hallmark of human culture, is buried. Sympathy to the fairer sex, the minimum sympathy is not even shown. The seedling which is uprooted from its original soil and is to be planted in another soil to grow and bear fruits is crushed.” The Supreme Court has given the apt meaning to this.
But these days’ dowry deaths have increased rapidly. To fight this increase in dowry deaths, the legislature in 1986 introduce S. 304B in the Indian Penal Code, 1862 along with other changes in the same and other statutes which could control the exploitation of women which results in infringement of dignity of womanhood, which also caused the foundation of marriage to lose its sanctity.
In the following pages the researcher tries to conduct a comprehensive study on dowry death with a view to understand it, along with legalized explanation along with few case laws and the same has been analyzed and the legal ways dowry death can be curbed.
I. AIMS AND OBJECTIVES
The aim of this paper is to understand what dowry death means involving the sections from Indian Penal Code, Indian Evidence Act and the Dowry Prohibition Act. This paper looks through various angles on deciding whether it was death due to dowry. Critical analysis of the same has been done.
II. SCOPE AND LIMITATIONS
The paper focuses on the legal issues relating and limited to section of IPC, IEA and Dowry Prohibition Act. The paper deals limitedly with the socio-cultural aspects of dowry death.
III. RESEARCH QUESTIONS
i. What does the term dowry and dowry death mean?
ii. What are the legal provisions provided to curb dowry deaths?
iii. What does the term cruelty mean, which has been used in the sections?
iv. What are the other socio-cultural consequences of dowry?
The paper has been divided into the following chapters:
Chapter I: Defining Dowry in Legal Terms.
This chapter defines the meaning of dowry and the legal terms used. This chapter also explains the various sections used to curb the dowry death by our legislative assembly.
Chapter II: Sociological Effects of Dowry and Legal Analysis.
This chapter gives the various sociological effects due to dowry death and some of the legal cases have been analyzed for the same. The Supreme Court judgments are also given.
Chapter III: Is Dowry Death...