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Another gooseflesh story of a young Bride tortured in her matrimonial home for dowry demand and later burnt to death.  Although such news is a regular features in our day-to-day lives; and social activists, government, judiciary had come out with many deterrent measures, yet this horrendous crime is still prevailing in our society and many innocent brides are still succumbing to this inhuman act.

 

The recent case is that of Rani, who in her dying declaration had revealed the extent of cruelty and harassment for dowry meted out to her by her husband, Brother-n-law and latters wife  and her mother-in-law that has taken her case forward to punish her culprit husband for imprisonment for a period of 12 years, yet the wet eyes of her parents, sisters are still questioning, “Is it adequate punishment to kill another human being? Who has given such a right to the harasser to take away life of another human?

 

Justice though delivered in Rani’s case doesn’t have to wait for several years, in the presence of the Evidence of dying declaration, yet there are many wet and tired eyes waiting patiently for the justice to be delivered to them.

 

The Indian Penal Code accepts the Dowry death as Crime and section 304(b) explains it as “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death”.  The accused shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

 

True it is that Judiciary has always maximized its efforts in punishing the culprit, yet due to lack of evidence and adequate case support and within the sphere of constitutional code, judiciary can’t extend its jurisdiction.  Thus it becomes essential for us to amend/identify the measures that is easily adaptable and justice is delivered.

 

With all my due regards to our Judicial pronouncements, the punishment for the dowry death has carefully been admitted in the Indian Penal Code since long, yet a connecting question often perturbs me and many others like me as to why there is NO minimum Life Imprisonment or possibly a Death Sentence?  Yes, true it is that the aim of Judiciary is not just to punish the human being, but to help the accused in improving his mental status in understanding the human values.

 

Though it may sound very pernicious from a law graduate itself to seek a Strict punishment for the culprit and some of you might not agree with me, being responsible society people.  Several Human Right Activists too, may seek only a reform measures for such a crime or may be a few among them may even talk of changing the mentality of our Society itself by educating the mass.  But I want to pose’ a question to all my fellow brothers and sisters and also to ours veterans, aren’t we have been doing this from many centuries.  Aren’t we facing still the same situation, and I foresee no ending to this plight  in our society (It could be upper, middle or lower strata of society?) Perhaps centuries ago (please read in Ancient Times) Dowry Death traces/clues has not been found by our Historians? Then why, still been into the 22nd Century we are acting as those uneducated movers who are just watching this heinous crime as mute spectators.  The Society itself has become so harsh, that without any Strict measure, they have become so fearless and are willing to go to any extend of taking a human life, having no heart at all.

 

Rather, the dowry death is one of the most heinous crimes, where the accused is in full conscious to kill the victim and in most cases it is carefully been planned by the others too.  In most cases, the victim is harassed so repeatedly that her basic Right to live with dignity seems to be in a lull.  It is an utter shame in our society that an inhuman act is committed by a human and another human namely “Women” still is unprotected. I often mule over, the punishments in the case of Murder been given to the accused    life-imprisonment or death and often compare “isn’t dowry death a kind of Murder where intention is firstly to harass another human knowingly and later kill that human”

 

It is high time for our Judiciary to re-look at the punishments given under the Indian Penal Code dealing with cases of dowry harassment and death sternly, severely and with the utmost sensitivity keeping in mind the undue harassment of a human life who has the basic right to live life with dignity enshrined in our Constitution.  At the same time it is equally our responsibility as a responsible citizen to awake and fight against this menace that is curbing the society, as this can happen to our own sisters, daughters!!!!


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Category Family Law, Other Articles by - vandanakandari 



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