From pristine time the dowry death or cruelty or harassment against women (daughter in laws) have addressed us with the inequality of the society, which led us to an unimaginable backlash. The existence of these hinders the true development of our society as well as the nation, INDIA. The unwanted behaviour towards women have been introduced to our society since history and protested it through efficient laws and Act etc.

The allegation against the above-mentioned offences can lead to arrest with significant amount of compensation. But determining the original issue from fake issues are the grave challenge, what every authorized officer faces in daily basis, because determining the credibility of any regarding any mentioned matter is time consuming and lengthy process also creates a negative impact upon the family members who has no involvement with the issue, which we will discuss through following down below.

Background:
Since Vedic period the system of dowry has been initiated and created a deep-rooted place within the society, within people's heart. It has become the undeniable or unavoidable genre for the people, which they believed as a compulsory duty, a custom what 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 colonial era it became more like a punishment which every daughter bearing family had to bear, which ultimately led to economical drawn-back for the bride's family, and also after many evolving time sit made the women more andmore dependable, their independence became more like an illusion even after the India achieved the independency in 1947.

After many debates around 1961 the first Dowry Prohibition Act enacted to prevent this system, but even after that the challenges still exists in modern era (significantly in rural area). Many activists such as Satya Rani Chandha, Aleem Khan Falaki etc has 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 women from the core. This system has infringed the constitutional rights, such article 14, 15, 19, 21A of Indian Constitution, 1950 etc, even after the independence. To protect them from the injustice many laws has been enacted such as, Protection of Women from domestic Violence Act, 2005, above mentioned Dowry Prohibition Act,1961, and also 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 many, there are some existing disadvantages which we will understand through case laws etc.

Case Laws:
There are cases which 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 case which aregreatly affected by the preventive legislative and the such misuse has been addressed through such as, Arnesh Kumar v. State of Bihar (2014) has introduced with 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 the negative effect upon women has been mentioned, also the other side of this system has been summarized which are also a crucial part to sustain 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 (mentionedin Arnesh Kumar V. State of Bihar.

If it was the topic about only dowry system or death it will become the singular side of the coin but on the other side there are still some inequity and injustice which has 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.

Reference:

• https://onlinelegalquery.com/blog-details/what-are-the-grounds-for-divorce-in-india-2024

Written By: Kishan Dutt Kalaskar