Discuss in detail changes made in procedural and Evidence law regarding Dowry.
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Que: Discuss in detail changes made in procedural and Evidence law regarding Dowry.
Ans:
A] Introduction
Dowry, a long-standing social issue in India, is the practice of giving or receiving property, money, or gifts at the time of marriage. This practice has often led to exploitation, violence, and even death of women. To combat this menace and ensure justice for victims, significant changes have been made in the procedural and evidence laws regarding dowry. This article explores these reforms in detail, drawing on various criminal laws, relevant sections, unique points, case laws, and their importance in empowering women and eradicating dowry-related offenses.
B] Changes in Procedural Law:
1.Section 498A of the Indian Penal Code (IPC): Section 498A was introduced to deal with the offense of dowry harassment. It criminalizes cruelty by a husband or his relatives towards a woman, where such cruelty is likely to drive her to commit suicide or cause grave injury or danger to her life, limb, or health. The section provides for imprisonment and fines for offenders.
2.Fast Track Courts: Special courts, commonly known as Fast Track Courts, have been established to expedite dowry-related cases. These courts aim to ensure swift justice for victims and hold offenders accountable for their actions.
3.Mediation: In certain cases, the court may attempt mediation to resolve disputes arising from dowry demands. However, mediation is not applicable in cases involving serious offenses or cases where the victim's safety may be at risk.
4.Protection of Women from Domestic Violence Act, 2005: This Act provides civil remedies to protect women from various forms of violence, including dowry harassment. It empowers women to seek protection orders, residence orders, and maintenance, among other reliefs.
C] Changes in Evidence Law:
1.Section 113B of the Indian Evidence Act, 1872: Section 113B creates a presumption of dowry death when the woman has died within seven years of marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry. This places the burden of proof on the accused to disprove the dowry death.
2.Statement of the Deceased: The statement of the deceased woman, recorded by the police or the magistrate, can be admitted as dying declaration evidence. This holds significant evidentiary value in dowry-related cases.
3.Independent Witnesses: Courts now emphasize the importance of independent witnesses in dowry-related cases to corroborate the allegations made by the victim or her family.
D] Unique Points:
1.Social Awareness Campaigns: Social awareness campaigns play a vital role in changing societal attitudes towards dowry. These campaigns aim to sensitize people about the harmful effects of dowry and encourage them to report offenses.
2.Protection of Whistle-blowers: Special protection is provided to whistle-blowers and informants to encourage them to come forward and report dowry-related offenses.
E] Case Law: Arnesh Kumar v. State of Bihar (2014)
In the case of Arnesh Kumar v. State of Bihar, the Supreme Court of India held that the arrest of a person in dowry-related offenses should not be a routine action. The Court emphasized the importance of proper investigation before arresting an accused, particularly in cases where the allegations are frivolous or vexatious.
F] Conclusion
The changes made in procedural and evidence law regarding dowry signify India's commitment to eradicate this harmful practice and ensure justice for victims. By criminalizing dowry harassment, establishing Fast Track Courts, and creating a presumption of dowry death, the legal system aims to deter potential offenders and provide swift justice to victims. The inclusion of mediation and protection under the Domestic Violence Act provides additional avenues for women to seek relief and protection.
The reforms in evidence law, such as the presumption of dowry death and the admission of the deceased woman's statement as dying declaration evidence, are essential in holding offenders accountable. Additionally, the emphasis on independent witnesses strengthens the evidentiary value of dowry-related cases.
Through social awareness campaigns, protection of whistle-blowers, and sensitivity training for law enforcement personnel, India is taking comprehensive steps to empower women and change societal attitudes towards dowry. By enforcing these legal reforms and fostering an environment of gender equality, India can create a society where women are treated with dignity and respect, free from the burden of dowry-related harassment and violence.
Reference:
The Indian Evidence Act, 1872
The Protection of Women from Domestic Violence Act, 2005
The Indian Penal Code
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