Dowy death refers to the death of a woman caused by her husband or in-laws due to their demand for dowry. This can include physical or emotional abuse, harassment, or even murder.

IPC (Indian Penal Code) Perspective
Section 304B of the IPC / Section 80 of the BNS defines dowry death as:

• The death of a woman caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and for or in connection with any demand for dowry.
• The IPC/BNS views dowry death as a serious crime, punishable by imprisonment for a minimum of seven years or imprisonment of life

The Dowry Prohibition Act, 1961, prohibits the giving or taking of dowry. Section 4 of the Act states:

• Any person who gives or takes or abets the giving or taking of dowry shall be punishable with imprisonment for a term which shall not be less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.
• The Dowry Prohibition Act views dowry death as a result of a larger social problem, where the giving and taking of dowry is a deeply ingrained practice.
• Section 113-A of the Indian Evidence Act: Presumes that a husband or his relatives drove the woman to suicide.

Dowry Prohibition Act Perspective

The dowry problem is a significant social issue in India, and it's also addressed by law due to its severe consequences. Dowry refers to the payment or transfer of property, goods, or money from the bride's family to the groom's family during marriage. This practice has been a part of Indian culture for centuries, but it has become a major concern due to its exploitative and often violent nature.

The main reasons why dowry is a problem in law in India are:

1. Exploitation and violence: Dowry demands often lead to exploitation and violence against the bride and her family. The groom's family may demand exorbitant amounts of money or goods, and if these demands are not met, the bride may be subjected to physical or emotional abuse.
2. Social and economic burden: The dowry system places a significant social and economic burden on the bride's family. Many families are forced to take loans or sell their assets to meet the dowry demands, leading to financial hardship and stress.
3. Discrimination against women: The dowry system perpetuates discrimination against women, reinforcing the notion that they are a burden on their families. The practice also undermines women's autonomy and agency, as they are often forced to marry into families that demand dowry.
4. Contravention of human rights: The dowry system contravenes various human rights, including the right to equality, the right to life, and the right to freedom from exploitation.
    

Reasons for Dowry in India

Dowry is a complex issue in India, and there are several reasons why it still exists. Here are some of the main reasons:

1. Social Status: In India, dowry is often seen as a way to show off one's social status. The more dowry given, the higher the social status of the family.
2. Cultural Tradition: Dowry has been a part of Indian culture for centuries. Many people see it as a way to continue their cultural heritage.
3. Economic Gain: Dowry is often seen as a way to gain financially. The groom's family may demand dowry to help them financially.
4. Lack of Education: Many people in India are not aware of the laws against dowry. They may not know that demanding or giving dowry is illegal.
    

Stopping Dowry Deaths in India: A Solution

Dowry deaths are a serious problem in India, where many women are killed or harassed by their husbands or in-laws for not bringing enough dowry. To stop this, we need to work together to create a society where women are valued and respected.

Understanding the Problem

Dowry deaths happen when a woman is killed or driven to suicide by her husband or in-laws because they want more dowry. This is a serious crime, but it's often ignored or covered up.
 

Solutions

To stop dowry deaths, we need to:

1. Educate People: We need to teach people that dowry is not acceptable and that it's a serious crime. We need to educate boys and girls, men and women, about the dangers of dowry.
2. Enforce Laws: We need to make sure that the laws against dowry are enforced. This means that the police and courts need to take action against people who demand or give dowry.
3. Support Victims: We need to support women who are victims of dowry harassment or violence. This means providing them with shelter, counseling, and legal help.
4. Change Social Norms: We need to change the way society thinks about dowry. We need to make it unacceptable for people to demand or give dowry.
5. Involve Men: We need to involve men in the fight against dowry. Men need to speak out against dowry and support women who are victims of dowry harassment or violence.
    

Landmark Judgments for Dowry Death in India

1. Hiralal v. State (Uttar Pradesh) (1999): The Supreme Court held that dowry death is a serious crime and that courts should take a stern view. The court emphasized the need for strict interpretation of Section 304B of the IPC (Dowry Death).
2. Kans Raj v. State of Punjab (2000): The Supreme Court ruled that the dowry system is a social evil that needs to be eradicated. The court emphasized the need for proactive measures to prevent dowry-related violence.
3. Satvir Singh v. State of Punjab (2001): The Supreme Court held that the prosecution must prove that the death was caused by dowry demand. The court emphasized the need for careful consideration of evidence in dowry death cases.
4. Bipin Kumar v. State of West Bengal (2012): The Supreme Court held that Section 304B of the IPC is a special provision aimed at preventing dowry-related violence. The court emphasized the need for strict interpretation of the law to prevent dowry deaths.
5. Arnesh Kumar v. State of Bihar (2014): The Supreme Court ruled that the police should not arrest the accused in dowry-related cases without conducting a thorough investigation. The court emphasized the need to prevent harassment and unnecessary detention of the accused.

Legal Conclusion for Dowry Death in India
Dowry death is a legally recognized offense under Section 304B of the Indian Penal Code (IPC)/section 80 of the Bhartiya Nyaya sanhita, which provides for punishment when a woman dies under unnatural circumstances within seven years of marriage and is subjected to cruelty or harassment by her husband or his relatives in connection with dowry. Additionally, Section 113B of the Indian Evidence Act allows courts to presume the accused's culpability when dowry demands are established.

Despite the existence of these provisions, the persistence of dowry deaths points to challenges in enforcement, investigation, and judicial proceedings. For effective deterrence, it is crucial to address delays in legal processes, ensure strict adherence to evidentiary standards, and promote gender sensitization within law enforcement and judiciary systems. Furthermore, complementing legal measures with societal reforms can lead to holistic solutions, ensuring justice for victims and safeguarding the dignity and rights of women.

Reference:

• Family Law
• Indian Penal Code, 1860
• Bhartiya Nyaya Sanhita, 2023
• Dowry Prohibition Act, 1961
• Some points have been taken from Google