Statistical Analysis on Dowry Cases in India

 

Tripti Chandrakar

Research Scholar, Kalinga University, Raipur.

 

ABSTRACT:

It has been seen from the last decade that the misuse of un-exempted provisions of dowry law been increasing and in result the other party is facing the world with great loss. A long delayed case of dowry has been pending in district courts just due to clashes of hard provisions of law and lack of evidences. Even just after the complaint a woman can claim and complaint of other additional things as a right of wife like maintenance which leads to makeable financial burden on man irrespective of his financial and social position. Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. The NCRB’s ‘Crime in India’ report categorizes crimes various heads of the IPC. If one looks at the respective conviction rates of all the categories, cases registered under Sec 498-A (Cruelty by Husband & Relatives) have one of the lowest conviction rates. In 9 out of these 10 years, the conviction rate of Sec 498-A cases was in the bottom three. This study concentrates on the effects of misuse of dowry law on man which has always been neglected. In India the trial courts are just filling their duty by giving dates of hearing and due to this delay the husband and his family members are paying which deteriorates their life without any fault. This research aims to count the loss of man and his family on monitory and social term specially the cases pending long before the trial courts.

 

 

 

INTRODUCTION:

Different laws been introduced by Indian law makers to control the evil practice. To mitigate the all- pervasive acts of violence against helpless women in India, in 1980s Indian legislatures also decided to act. That led to the formation of Joint Committee of the two Houses of Parliament which made in-depth study of the working of the Dowry Prohibition Act, 1961. The post effect of dowry demand leads to domestic violence and Protection of Women from Domestic Violence Act 2005 been passed.

 

A new section inserted in Indian penal Code 1961 to control the dowry harassment and dowry deaths, sec 498 a Indian penal Law which makes the pre and post dowry harassment in any form punishable and non bailable. The IPC 498a is a criminal act passed by parliament in 1983 who states that cruelty in order to extort dowry will be punishable for the term of three or more years and with fine.

 

Even gave the new concept of dowry death, a death caused within 7 years of marriage result of harassment. As soon as the law passed thousands of cases been registered in the name of dowry harassment. It becomes weapon to a married woman instead of protection.

 

Section 498A in The Indian Penal Code:

Section 498A was 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”.

 

498A. 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 purpose 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.

 

Further, Section 498A IPC was included in 1983 to protect women from cruelty and harassment of dowry demand. As Section 498A was challenged before the Supreme Court on the ground of abuse, it gives arbitrary power to the police and the court. However, it was upheld in Sushil Kumar Sharma v. Union of India (2005). The Code of Criminal Procedure, 1973 provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance only when it receives a report of the facts from the police or upon a complaint being made by the victim or her family.

 

Critisism of Antidowry Law- NCRB Report:

There is growing criticism that the dowry laws are often being misused, particularly section 498A IPC which is observed by many in India as being prone to misuse because of mechanical arrests by the police. According to the National Crime Records Bureau statistics, in 2012, nearly 200,000 people including 47,951 women were arrested in regard to dowry offences. However, only 15% of the accused were convicted.

 

On 19 April 2015, the Indian government sought to introduce a bill to amend Section 498A IPC based on the suggestions of the Law Commission and Justice Malimath committee on reforms of criminal justice. News reports indicate that the proposed amendment will make the offence compoundable and this would facilitate couples to settle their disputes.

 

Men’s rights activists have repeatedly claimed that as the section is non-bailable, the police will indiscriminately arrest the husband and others named in the complaint. Through our study, we were able to understand that over 70% of the accused persons had paid anticipatory bail and only about 24% of the accused persons were arrested in 498A complaints. The NCRB has failed to make this crucial distinction by clubbing those accused persons who get anticipatory bail in the same category of ‘arrested persons’.

 

Statistics:

In the years between 2006-2016, for every case that resulted in a conviction, five other cases resulted in an acquittal and one case was withdrawn with the net result being that only one out of every seven cases resulted in a conviction-National Crime Records Bureau.

 

In this research we have taken 75 cases decided by Supreme court of India on section 498A from 2015 to 2020. We tried to calculate the exact position of conviction and acquittal. Approx 150 cases been decided from 2015 to 2020, in which 75 cases found useful for calculating the acquittal rate as other 75 were related to other issues like appeal for bail, reducing the sentence, for stridhan or other issues.

 

In 2015 and 2017, I interviewed 85 women incarcerated in three prisons across India. The purpose of the study was to understand these women’s pre-prison lives, and what led them to be imprisoned. Among the women interviewed, 36 were serving time under Section 498A.

 

Speaking with these incarcerated women started to see that most of them had little to nothing to do with the dowry crimes they were serving life sentences for. Firstly the NCRB report should be analysed as it showed the number of cases registered in dowry harassment and dowry death.

 

Table -1, No of Cases Registered in Different Years.

S. No.	Year	Under section 498A	304B 304B
1	2015	113548	7646
2	2016	110434	7628
3.	2017	107458	7838
4.	2018	104165	7277
5.	2019	126575	7162
6.	2020	112292	7045

 

So the registered cases under section 498A which also includes dowry deaths under section 304B is more than a lack, but only 150 approx cases been appealed in the apex court. The number of cases registered has only 2-3% of up and down every year. Even the dowry death data also has the same ratio.

 

Ratio of conviction and acquittal in cases analysed:

In 75 cases the supreme court convicted only 32 and acquitted 43 accused. It means the acquittal rate is 57.33% and conviction rate is 42.66 % 13 decisions were related to quashing the criminal procedure under section 482 Cr. P. C., remitted to High Court, for fresh trial and retrial of offense.

 

18 cases out of 75 cases are related to only dowry harassment or cruelty that is charged for section 498A only. 57 cases were for dowry death. Where the presumption part plays an important role.

 

Cause of Dowry Death:

In 55 cases the death was caused due to burn and hanging by rope in dowry death cases. 2 cases found death by taking poison. A big number of cases found where death was caused due to 90-100 % burn injuries and there were no direct evidence.

 

Analysis of duration/period of cases from the trial to apex court decision:

Tried to calculate the period of cases became spent on fighting for justice n court of law. Calculated the period on the basis of 5 years duration. As the accusation of dowry demand makes the life of man and his family hell. It takes his social reputation as well as gives a black mark on his image does not matter how he was before. Even husband and his family has to suffer socially, mentally and economically in fake dowry harassment cases, which cannot be recovered.

 

Figure-1 Flow Chart of No of Cases Run

 

There are cases which has been run for more than 30 years to be decided by the supreme court and the accused get acquitted. We cannot assume his loss suffered by him. Who will be responsible for this? The court, the justice system, the procedure or the party itself. There is a need to check the reasons behind this delay. A man and his family pays a big price for no fault done by him. Even there is no option of recovery of his loss.

 

The highest number of cases is under one of the long period that is 20-25 years. Assuming a case taking 25 years of long journey in courts with mental physical and economic harassment cannot be calculated easily. We don't have any remedy for this.

 

CONCLUSION:

After the analysis of cases and statistics gathered below conclusion been drawn.

 

Quantity of Dowry Cases Registered:

More than one lakh cases registered every year but only few convicted, 98% cases discharged in lower cases or did not found fit for appeal. It means the woman has the legal provision which is free of cost for harassing the man and his family, instead of using it as a shield.

 

Low Conviction:

We already discussed that conviction rate is low in dowry cases. In 75 cases the supreme court convicted only 32 and acquitted 43 accused. It means the acquittal rate is 57.33% and conviction rate is 42.66 %.

 

Interpretation of Provision of Assumption clause in Anti Dowry law:

The presumption of dowry death explained under section 498A and 304B IPC with section 113 B of Indian Evidence Act 1872, which says if death of a woman caused within seven years of marriage, not under normal circumstances and cruelty of harassment for dowry proved then the death will be presumed as dowry death. It means entirely on the victims testimony, there is law being misused. With the rise of the slogan of women empowerment there is rise in misuse of laws made for women.

 

Fraud marriages and Extortion:

It is reported that some marriages were organised to extort the party for taking advantage of strict anti dowry laws under section 498A. It is the easiest way to make money through settlement after registering the case under section 498A.

 

Nature, character or past relations of woman:

One of the reason of misuse of the section is modernisation misleads the woman as fulfilling what they want as her right. The rooted ethics in Indian society become hazy. Nature and character of woman become changed with the development of society. They become more aggressive and demanding. Even in some cases it is found that the woman wanted to maintain her past relations and she got married due to the pressure of her parents. After marriage she felt her fault and wants to free from the cage of marriage so uses the shield of anti dowry laws.

 

Less Number of No Death Dowry Cases:

Only 18 cases being appealed to the supreme court for harassment and cruelty under section 498A. Rest were for dowry death. It shows the no cognate evidence found on the side of appellant. Fake allegations were made to fulfil woman's ego or desire.

 

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Received on 28.11.2021         Modified on 10.12.2021

Accepted on 24.12.2021      ©AandV Publications All right reserved