Topics Covered: Issues related to women.
Scope of Section 304-B in dowry deaths widened by SC:
Context:
The Supreme Court has called dowry harassment a “pestiferous” crime where women are subjected to cruelty by “covetous” husbands and in-laws.
- Also, the Court indicated in a judgment that a straitjacket and literal interpretation of Section 304-B, a penal provision on dowry death may have blunted the battle against the “long-standing social evil”.
About Section 304-B of the Indian Penal Code:
According to Section 304-B, to make out a case of dowry death, a woman should have died of burns or other bodily injuries or “otherwise than under normal circumstances” within seven years of her marriage. She should have suffered cruelty or harassment from her husband or in-laws “soon before her death” in connection with demand for dowry.
Issues with Section 304-B:
The courts have mostly resorted to the narrow view of Section 304-B. For example:
- Courts had interpreted the phrase ‘soon before’ in Section 304-B as ‘immediately before’. This interpretation would make it necessary for a woman to have been harassed moments before she died.
- The phrase “otherwise than under normal circumstances” in the Section also calls for a liberal interpretation.
Dowry related deaths in India- a quick look:
- Dowry deaths accounted for 40% to 50% homicides in the country for almost a decade from 1999 to 2018.
- In 2019 alone, 7,115 cases of dowry death were registered under Section 304-B of the Indian Penal Code.
Need of the hour:
- Courts should instead interpret Section 304-B liberally while keeping in mind the law’s intention to punish dowry and bride-burning.
- Absurd interpretations should be avoided. Instead, courts need to show only a “proximate and live link” between the harassment and her death.
- The court must also put incriminating circumstances before the accused and seek his response. He should be given sufficient opportunity to give his side of the story.
Causes of dowry and related atrocities:
- Greed: Expectations of material benefits from the bride’s family.
- Illiteracy: The communities that are not knowledgeable about the laws and legislation face several atrocities owing to dowry exchange practices.
- Lack of Willingness to adhere to laws.
Solutions:
- Educate girl child.
- Proper implementation of govt initiatives and laws.
- Initiating Mass Media Campaigns.
Insta Curious:
Do you know that there exists an anti-dowry law? Read what is it and what changes have been made by the Court: Read here
InstaLinks:
Prelims Link:
- Section of 304-B of the Indian Penal Code.
- Section 498A of the IPC.
- Protection to the accused in dowry cases.
Mains Link:
Why has the Supreme Court stressed on the need for liberal interpretation of Section of 304-B of the Indian Penal Code? Discuss.
Sources: the Hindu.
