How To Avoid In Family Cases With Special Reference To Cruelty And Dowry Harassment

INTRODUCTION

From pristine times dowry death or cruelty or harassment against women (daughter-in-law) have addressed us with the inequality of society, which led us to an unimaginable backlash. The existence of these hinders the true development of our society as well as the nation, of INDIA. The unwanted behaviour towards women has been introduced to our society throughout history and protested through efficient laws and Acts etc. The allegation against the above-mentioned offenses can lead to arrest with a significant amount of compensation. But determining the original issue from fake issues is a grave challenge, that every authorized officer faces on a daily basis because determining the credibility of any regarding any mentioned matter is a time-consuming and lengthy process and also creates a negative impact upon the family members who have no involvement with the issue, which we will discuss through following down below.

BACKGROUND

Since the Vedic period the system of dowry has been initiated and created a deep-rooted place within the society, within people's hearts. It has become an undeniable or unavoidable genre for the people, which they believed as a compulsory duty, a custom that they needed to follow with continuous effort. First, it was the "gift" back in time, the heritage maintained by the upper-class citizens or aristocratic people. After many evolving periods it took many formations, such as in the colonial era it became more like a punishment that every daughter-bearing family had to bear, which ultimately led to economic draw-back for the bride's family, and also after many evolving times, it made the women more and more dependable, their independence became more like an illusion even after India achieved the independency in 1947. After many debates around 1961, the first Dowry Prohibition Act was enacted to prevent this system, but even after that the challenges still exist in the modern era (significantly in rural areas). Many activists such as Satya Rani Chadha, Aleem Khan Falaki, etc have acted against this system also, Gunjan Tiwari, The UN Children's Fund (UNICEF) has taken action to raise awareness, etc.

PROVISION

The dowry system has lowered the self-esteem of every woman from the core. This system has infringed constitutional rights, such as articles 14, 15, 19, and 21A of the Indian Constitution, 1950 etc, even after the independence. To protect them from injustice many laws have been enacted such as the Protection of Women from Domestic Violence Act, 2005, above mentioned Dowry Prohibition Act,1961, and section 304B of IPC, 1860 (section 80 in BNS, 2023) has provided punishment in respect of dowry death (cognizable, non-bailable, triable) which can lead to imprisonment for the term which shall not be less than seven years or which may also extend to life imprisonment [according to section 80(2) of BNS,2023] also section 498A under chapter XXA of IPC, 1860 which specifies cruelty against women by in-laws. But still after all of this, there are some existing disadvantages which we will understand through case laws, etc.

CASE LAWS

There are cases that are related to the negative effect of this system such as Satbir Singh v. State of Haryana (2021) in which the Supreme Court has observed if, within the duration of seven years of marriage, the death has occurred in respect of the causes mentioned in section 304B, which led to the careful caution regarding the procedure under CrPC, Evidence act and also IPC. Also, there are some cases that are greatly affected by the preventive legislation and such misuse has been addressed through such as, Arnesh Kumar v. State of Bihar (2014) has introduced no automatic arrest under section 498A before a proper investigation by police authority to avoid harassment and maintain the safety measures of the family, also case like Rajesh Sharma v. The State of Uttar Pradesh (2017) in which the court held that the arrests may only be done by authorized person appointed by magistrate, etc.

CONCLUSION

Through the above brief the basic idea about the dowry system and its negative effect on women has been mentioned, also the other side of this system has been summarized which is also a crucial part of sustaining natural justice within the nation as it is a democratic country. Hon. Supreme Court also has emphasized the importance and presented effective guidelines to prevent arrests (mentioned in Arnesh Kumar V. State of Bihar). If it was the topic about only the dowry system or death it would become the singular side of the coin but on the other side, there are still some inequities and injustices which have become more and more grievous for the family of in-laws to bear. We have to maintain the equilibrium between both, the only the adequate investigation can lead to sufficient judgment provided by law and order.