Dowry Demand vis-à-vis Domestic Violence

Introduction

Harassment in the name of dowry is more than a century old social stigma, and it is surprising and shameful at the same time that even today, the rise in the number of dowry cases seems unstoppable.

Women are often subjected to cruelty, humiliation and constant taunts by their husbands and in-laws for not meeting their expectations of sufficient dowry articles. Eventually, this harassment and humiliation grows to such an extent on the minds of these woman, that they choose to end their lives.

What amounts to dowry?

Anything that the bride's family gives to the bride, groom, or the groom's family, without being asked can be thought of as gift. However if there was ever even a slightest of demand or suggestion of desire, it amounts to dowry.

Domestic Violence vis-à-vis Dowry

Domestic violence often happens in India as a result of dowry demands. Dowry is often demanded by the husband or their family in the deceitful name of gifts and customs. 

Dowry demands are another manifestation of the patriarchal structure in India. There are strong links between domestic violence and dowry, a cultural practice deeply rooted in many Indian communities, which is the money, goods, or property  the woman/woman's family brings to a marriage to come under the ownership of the husband. Surprisingly, this practice continues even today in India although banned by law since 1961, and in recent years dowry demands have risen dramatically.

In a 2015 study published in World Development, results from a survey pointed to a great correlation between dowry demand and inter-spousal violence, indicating the potential dangers of a wife falling short on dowry payments or expectations. These dangers include not only common physical and emotional abuse such as hitting and continual humiliation, but in some cases even takes form of dowry death and bride burning as a result of the husband and his family’s dissatisfaction with the dowry given to them.

Lockdown due to Covid-19

As the entire country in under a lockdown, in order to fight against the evil of Covid-19 virus that has recently shook the world, another form of evil is on the rise.

There has been a rise in the number of domestic violence complaints with the police. Women rights activists said they have also received numerous complaints of domestic violence from women since the enforcement of the lockdown. National Commission for Women has received a total of 257 complaints including 69 domestic violence complaints by the women (as on April 3, 2020).

LAWS IN INDIA AGAINST DOMESTIC VIOLENCE

Now lets briefly look at the laws in India against this social stigma of domestic violence. 

 1. Protection of Women from Domestic Violence Act, 2005

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. The definition of "domestic violence"is broad and includes not only physical violence, but also other forms of violence such as emotional, verbal, sexual, and economic abuse. Most importantly, harassment by way of unlawful dowry demands by the husband and his family would also be covered under this definition. 

Application can by filed by:

• The aggrieved person,
• Protection officer on behalf of aggrieved person
• Any other person on behalf of aggrieved person

Jurisdiction:
The magistrate of first class or metropolitan court shall be the competent court within the local limits of which:

• The aggrieved person permanently or temporary resides or carries on business or is employed
• The respondent permanently or temporally resides or carries on business or is employed or
• The cause of action arises.

 

Following orders can be passed under this Act:

1.Protection Order

 Protection order in favor of the aggrieved person prohibiting the respondent from the following acts such as:

• Aiding or abetting in the act of domestic violence
• Entering the place of employment of aggrieved person or if the person is child, its school or any other places
• Attempting to communicate in any form including personal, oral or written, electronic or telephonic contact
• Alienating any assets, operating bank account, bank locker held or enjoyed by both parties jointly or singly by the respondent including her stridhan
• Causing violence to the dependents, or other relative or any other person who give the assistance to the aggrieved person or
• Committing any other acts specified by the protection officer

2. Residence orders

The magistrate being satisfied that a domestic violence has taken place, pass residence order-

• Restraining the respondent from dispossessing or in any manner disturbing the peaceful possession of the shared household
• Directing the respondent to remove himself from the shared household
• Restraining the respondent or his relatives from entering any portion of the shared house hold where the aggrieved person lives
• Restraining the respondent from alienating or disposing of the shared house hold or encumbering it
• Restraining the respondent from renouncing his right in the shared household
• Directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her or to pay rent for the same if the circumstances so require.

No order shall be made against women under this section. Magistrate may impose additional condition and pass any other order to protect the safety of the aggrieved person or her child. Magistrate is also empowered to order direction the concerned station house officer of the police station to give protection to the aggrieved person to assist in implementing his order. Magistrate may also impose on the respondent to direct stridhan or any other property or valuable security she is entitle.

3. Monetary relief

The magistrate may direct the respondent to pay monetary relief to meet the expenses of the aggrieved person and any child as a result of domestic violence and such relief include

• Loss of earnings
• Medical expenses
• Loss caused due to destruction or removal or damage of any property
• Pass order as to maintenance for the aggrieved person as well as her children if any

Including the order under or in addition to an order of maintenance under section 125 criminal procedure code or any other law.
On failure of the respondent to make payment of this order, magistrate shall order employer or debtor of the respondent to directly pay to the aggrieved person or to deposit in the court a portion of the salary or wage due to the respondent.

4. Custody orders

Magistrate can grant temporary custody of any child or children to the aggrieved person or to the person making application on her behalf and specify the arrangements for visit of such child by the respondent. Magistrate can refuse the visit of such respondent in such case if it may harmful to the interest of the child.

5. Compensation orders

Magistrate may pass order directing the respondent to pay compensation to the woman for injuries including mental torture and emotional distress caused by the acts of domestic violence committed by the respondent.

Any relief available under this Act may also be sought in any other legal proceedings before a civil court, family court or criminal court and such relief may be sought in addition to and along with relief sought for in suit, or legal proceeding before civil or criminal court.

 2. Section 498-A of Indian Penal Code, 1860

Introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. 

The expression “cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of latter limb of the section. Creating a situation driving the woman to commit suicide is also one of the ingredients of “cruelty”.

Section 498-A reads as under:

Husband or relative of husband of a woman subjecting her to cruelty — Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation. — For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

3. Section 113-A of Indian Evidence Act, 1872 

Interestingly, there is a very important presumption in Evidence Act of 1872 against the husband and his family, in regards to the suicide by married woman within seven years of marriage.

Section 113-A reads as under:

Presumption as to abetment of suicide by a married woman — When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

 

Explanation. — For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860).

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