CONCLUSION , SUGGESTION AND BIBIOGRAPHY (CHAPTER-5)

 CONCLUSION ,SUGGESTION AND BIBIOGRAPHY (CHAPTER-5)

Research Person- Akash Nanda

Concluding remarks

It may be concluded that dowry a social evil exists in the society. Society continues to perpetuate

the difference between a girl and a boy for the purpose of marriage, and it is this distinction, which

makes the dowry system, thrives. It is very sad, that in our society, a female is considered a burden to

a family or a liability for her parents. She is considered as a weaker section in our society. If we

locate the origin of dowry we find that during the ancient period the dowry system was unknown.

Vedic period was the golden period of women. Since marriage was considered essential for girls.

During marriage the ritual of kanyadaan was an essential aspect, ‘dakshina’ in the form of gold coin

and cash was given to the groom. All this was done out of love and affection. After the Vedic period

‘Smriti’s’ and ‘Manu Smriti's’ picturised women in subordinate position to men. Her educational

rights were denied and then she was considered as a burden. Later with the growing pressures of the

Islamite’s upon India, position of women had further deterioted. They were to live in purdah. Her

entire rights were snatched. She only retained her right of stridhan. Later the British had invaded

India, they imposed taxes. As a result the position of women had further meliorated. Great reformers

like Gandhi, Raja Ram Mohan Roy etc. fought for women freedom. It was only after 19th century

that women freedom and unity movement took momentum. After a lot of struggle in 1961, legislators

passed the dowry prohibition act. In order to make it more effective and deterrent it was amended

twice in 1984 and 1986(Sharma 2007:164-165).

The effects of dowry system are many and varied but in almost all cases it is the girl’s side which

has to face the repercussions while the boy’s side walks away from the issue unharmed, with their

heads held high. When demands for dowry are not met, the bride is subject to torture, and often even

killed. Most of the dowry deaths occur when the young women, unable to bear the harassment and

torture, commit suicide. Most of these suicides are by hanging oneself, poisoning or by fire

Sometimes the woman is killed by setting her on fire which is known as ‘bride burning’ and is

disguised as accident to avoid criminal charges and punishment. Today dowry is not the innocent

practice that it started out as but has turned into a social menace that cannot be reverted back to its

originalform;henceitmustbeeradicatedfromoursociety(http://www.youthkiawaaz.com/2010/12/dowry-

system-in-india-then-and-now/).Thus it is one of the most difficult and serious challenges to the

present day society. Such a complex problem requires an integrated social endeavour to successfully

overcome it. It has to be fought on various fronts, legal, social, educational, cultural and political. So

many legal laws, penal laws etc. are available to check this phenomenon. So many anti-dowry

processions and demonstrations are organised by voluntary groups. But this evil practice continues on

unabated (Chitrasen 2006:190).

Suggestions

Section – 304B and 498A need to be more deterrent in nature. Punishment granted for

committing dowry murders should be enhanced from seven years imprisonment to life

imprisonment. Section 304-B dealing with dowry death does not define ‘cruelty’. It derives its

meaning from section 498-A of the Indian Penal Code. Section 498-A does not cover all types of

cruelty. The complainant has to establish that the deceased committed suicide because of torture

or harassment inflicted on the deceased for the demand of dowry. This relationship has created

confusion in the mind of academicians, and legal practitioners and therefore it must be

redrafted. The meaning of cruelty, for dowry death must be defined in section 304-B with in

itself. The object of the introduction of section 304-B was to combat the menace of dowry death.

Thus, if a mere demand of dowry causes the wife to commit suicide; the accused should be

punished though there has been no further act of cruelty inflicted on the wife. Under the dowry

prohibition act, the metropolitan magistrate of the first class shall try any offence under the act.

The joint committee was of the view that dowry offences being of delicate nature should be tried

by the family court. But, till date this recommendation has not been accepted neither the

amending act, nor the family court act, 1984 has conferred the jurisdiction of any matter

relating to dowry on the family courts. The provisions of presumptions under section 113B of

Indian Evidence Act apply only to the dowry death and not to the cases of dowry under dowry

prohibition act. Section 3 do not prohibit the giving of customary presents provided further that

the value of the presents shall not been in excess of the financial status of the person giving the

present. The term wedding present has not been defined. Hence, it can be stated humbly that the

act, itself allows indirect giving and taking of dowry in form of presents. Though the offences

under the dowry prohibition act are cognizable and punishable offences. But dowry is readily

given and taken as a representation of the socio-economic status of the parties.

Section 6 of the dowry prohibition act needs an amendment as the limitation for all the dowry

offences is three years, after the amendment done in 1984. Failure or refusal to transfer the

dowry items by the person who holds it should be made a criminal offence. The limitation period

should run from the date on which demand of dowry articles was made by the bride and was

refused. According to section 7 of the dowry prohibition act, court can take cognizance of an

offence, on its own knowledge or police report or by persons aggrieved, or her parents or

relatives of such person. But the situation cannot be controlled, unless the community members

or the neighbours, who are aware that such crimes are being committed, report the matter

urgently. People need to hold such a position that they are able to ostracize such husband and in-

laws. Section 7 of the dowry prohibition act should be suitably amended to authorize any

member of the public interested in the welfare of the society and engaged with the social welfare

organization which is not recognized to file a complaint in this respect.

It is of pain to point out that, dowry death is an offence where, lesser punishment of seven

years is prescribed for an offence, which is virtually a murder. The investigating agency is not

able to prove ‘dowry murder’ due to lack of evidence. If more scientific techniques are used for

investigation, the procreation of evidence will be easy. Also if the superior investigation officers

who are specifically trained for owry deaths and murders are appointed then ‘dowry murder’

won’t be converted into ‘dowry death’ giving the benefit of doubt to the accused. In this way laws

will be able to become more stringent and effective .

Offence of dowry death or any offence relating to dowry cannot be eliminated from the roots

until the status of women is raised to that of men. Though she has been given a reservation in

panchayats, same should be done in parliament. Daughters should be given an opportunity of

equal education as a son. For achieving this aim, fake myths should be given off. It starts right

from the birth to the end. Females should also be given the right to lit off her parent’s pyre. If

this position is achieved, only then our country can move to progress leaving behind all these

social evils. Evils of dowry, dowry deaths have given birth to female foeticide which has

ultimately led to fall of female sex ratio in many parts of this country, an urgent step is needed

to check and control it. For this ‘dowry ‘needs to be eradicated completely from the society

(Sharma 2007:170-175).

We thus, conclude that besides amending the law and making the police more duty conscious,

girls, their parents and girls husbands are the people who alone can prevent dowry deaths. The

youth today are the people who alone can prevent dowry deaths. The youth are literate but not

educated; they have knowledge but not wisdom; they know their rights but not their duties; they

marry but are not conscious of their marital obligations and the necessity of adjustment,

humility, discipline and tolerance. Unless, therefore, young people change their values and

attitudes, control of dowry deaths may not be easy. Banning dowry entirely is unrealistic. But

some structura changes like imparting liberal education, taking measures to reduce educational

unemployment among girls, attempting to reduce bribery at all stages of employment, and

simplifying rules for lodging complaints with the police can contribute to reducing victimization

of brides after marriage and reduce the rate of dowry deaths in society(Ahuja 2007:149-150).

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