Misuse of Anti Dowry Law

Misuse of anty destiny justnesss in India- the former(a) side of the strike. Synopsis I Introduction II Justification of study. III Scope of study. IV methodological analysis adopted. V Chapterisation. a)Meaning of percentage &038 its historical background in Indian edict b) Consequences of component on society. c) Legal provisions ab come on dowry. d) Misuse of anty dowry legalitys. e) open opinion ab forth antidowry laws VI Conclusion. - Introduction-Norm in ally Dowry is considered as the poison of the marital life, life taking thing in the name of traditional practice. Mostly media and newspaper daily colour the events of dowry ends and severity against espouse cleaning lady for obtaining maximum TRP for their channels and newspaper and as the press and media ar the quaternary pillar of democracy engrave the negative impact about the newfangled-begetting(prenominal) members of the society. Every demolition after marriage is unfortunately to be considered by the s ociety as the dowry death and cruelness by the families of the keep up.No doubt there are many laws are there in various bits made by the legislature for the protection of the women against dowry and cruelty from the economize and his family members. But, does the legal machinery analyse if the anti dowry laws made by the Indian sevens are being mis utilize by the wives to coerce money from the families of their preserve or not? Hence one mustiness also postulate to look at the other side of the coin also. II- Justification of study- Every Law enacted by the parliament is the blade of both edged.It can help the society for eradicating the evils of the society also to pip the inmilitary personnel traditions prevailing in the society but it can be misused by the society to a greater extent. Hence the briny reason for choosing this topic for look into by the seeker is to study the loving impact of anti dowry laws in Indian society and to mite are the anti dowry laws are being used in a positive elan by the society in tack to eradicate the evils or is being misused just except to excruciate money from the husband and his relatives &038 to harass them mentally. III Scope The scene of this interrogation entrust be limited to study the present impact of anti dowry laws enacted by the parliament on the society and to take out how furthermost the anti dowry laws are used to eradicate the evils in the society or is being misused only to extort money from the husband and his relative and to put this issue before the NGOs and all types of legal and non legal authorities for the object of prevention of anti dowry laws from its being misused. -Methodology adopted- There are two principal(prenominal) kinds of methodologies which are used in investigate they are as follows I. domineering or traditional or non- verifiable legal research. &038 II. Non doctrinal or verifiable legal research. Doctrinal or traditional or non- data-based legal research- A doctrinal research means a research that has been carried out on a legal proposition or propositions by the way of analyzing the existing statutory provision and fields by applying the reasoning power. According to S. N. Jain doctrinal research involves analysis of case law, arranging ordering and systematizing a legal prepositions and study of legal institutions through legal reasoning or rational deductions.Ascertaining a legal rule for the purpose of solving paradox is one of the purposes of traditional legal research. This has been touchd by the original sources of law the acts of parliament and the acts passed by legislatures fall under this category of precedents. The secondary sources like textbook books on law, commentaries do not possess as much dresser as the original sources possess. Hence, quality of doctrinal research depends upon the source literal on which the police detective depends upon his study. The doctrinal research attempts to verify the hypothesis by a firsthand study of authoritative sources.A doctrinal researcher should know how to use a law library for the major bundle of his research methodology concern with the identification of authoritative sources and use of techniques to find them out. Doctrinal research looks at the following issues- 1)The aim of preferred determine, 2)The problems constitute by the gap between the policy goal and the present put forward of achievement, 3)Availability of alternative choice for the implementation of goals 4)The predictions and consequences that were made. pursuance are the characteristics of doctrinal research- 1) The study is mainly based on propositions, ) The sources of data for a doctrinal, queryers are the reports of appellate Courts and conventional legal theory. 3) It is concern with what the particular doctrine of law says and not as what made the authority to say so or what has been that impact of that say . II. Non doctrinal legal research or experimental legal researc h- Conducting verifiable research in law is of young origin. Empiric means relying solely on observation and experiment not on theory. The empirical research is carried out by collecting gathering data or information relating to universe by a firsthand study.The empirical research technique is also called as fact research. Explaining the scope of this technique, Arthur Nussabaum identifyd, by fact research in law we mean the regular search Into the societal, political and the other fact conditions which give rise to unmarried rules and examination of the social, political and other centers of these rules. Empirical research is an head that attempts to disc everyplace and verify general rules allowing us to understand why human beings be have a bun in the oven the way they do. The methods like observation,interview,questionnaire,survey and case study are used to discover the human make out.All inquiries are not suitable to empirical methods. Any inquiry whose objective is to determine what is good and what is evil cannot be empirically tested. The reason for this is that the researcher cannot discover the admissible physical evidence. Research into the value system and moral questions are not amenable to empirical methods. The empirical research is mainly concern with the legal decision process, i. e. researchers attention is on variables that influence the decision and the impact of decisions on the society.The empirical decision whitethorn be defined as research into relationship of law and other behavioral sciences. here,more importance is given to people,social values andsocial institutions and not to the legal aspects or doctrines. Usually a researcher undertakes more or little aspects of legal decisions and his more numerical and needed data wont be available in the library, hence field work has to be done. In American universities, legal researchers have originally employed the empirical research methods in their pre-legislative inquiry. Fo llowing are the characteristics of non-doctrinal research- ) It tries to find out the impact of no legal events upon the legal decision process. 2) It seeks to identify and esteem the degree of variables which influence the outcome and legal decision-making. 3) It tries to find out the effect the effect of each decision on people and society as such(prenominal). The field of empirical research is wider and the availability sources are very less which involve several new techniques which are known to research. For the purpose of research on this topic the researcher is using here Doctrinal or traditional or non-empirical legal research. Chapterisation- a)Meaning of dowry &038 its historical background in Indian society The beginning of 19th century plays an important manipulation in degrading Indian women till its depth. The fear of insecurity not only envisaged in unmarried young women but also married women. In India, family has always been prime importance. Marriage being an im portant social institution since Vedic period was biased against women. It was regarded as the social alignment between two families instead of two persons. The bride was expected to serve her husband and his family and ensure their happiness and well being.There was no question of her happiness, presentiment or content. There were three main objectives of Hindu marriage dharma or religious duties to be performed by the couple, proja or procreation, and rati or conjugal love. 1 The exploitation of muliebrity began with the child marriage. A girl too young to take life seriously, a girl too young to understand the meaning of life and marriage, had to step into the world of thorns. She was subjudicated by her mother-in-law and other members of her husbands family, most of the time including even her husband.She was expected to observe purdah, not to speak to elders, speak in low give tongue to to younger members of family, not to speak or sports ensureing her husband miss midnig ht and bear all harsh words and sufferings for even minor intermission and above all never to express her sorrows or utter a word of distress to anyone. A woman had no freedom, neither ain nor economic. Traditionally, the Hindu woman had distinct economic right called stridhan. 2 In order to partially set off the disability suffered under the persuasion of joint ownership by male members, the smritikars assigned a surplus category of airscrew to women termed as stridhana. The first mention of this term is give in Gautama Dharma sutra. He provided not only for the womens separate property but also distinct and separate rules for its succession. But the definition of stridhana changed over from time to time, granting all the rights and power to husbands. Consent of the girl was not considered to be relevant and hence, she was left with no choice, except to accept all patience and marry. The traditional concept of marriage has greatly changed and Hindu marriage is considered to b e of dual nature i. e. f both religious sacrament and contract, where correlative consent and benefit of both the parties are duly aided by different legal provisions and reforms. Attempts to bring about changes in the side of women either through legislation or judicial activism can achieve little success without a simultaneous movement to transform the social and economic structures and the culture (values, ideologies and attitudes) of society. 4 One of those attempts to bring changes in consideration of women and relieve her from her sufferings, pains and gloomy environment is given under chapter XX-A of Indian punishable Code, 1860. ) Consequences of dowry on society. c) Legal provisions about dowry. Following are some legal provisions about dowry- Chapter XX-A of Indian penal Code, 1860, refers to cruelty by husband or relatives of husband and includes fraction 498-A. part 498-A states, that whoever being the husband or relative of the husband of woman, subjects such woma n to cruelty shall be punished with the imprisonment for a term which may extend to three years and also be liable to fine.Explanation- For the purpose of this section, cruelty means- (a) Any wilful conduct which is of such nature as is likely to drive the woman to commit suicide or to grow grave injury or danger to life, limb or wellness (whether mental or physical) of the woman or (b) Harassment of the woman where such harassment is with view to coercing her or any person related to her meet any unlawful demand for any person related to her to meet such demand.The section was enacted to combat the menace of dowry deaths. It was introduced in the canon by the Criminal Law Amendment Act, 1983 (Act 46 of 1983). By the same Act section 113-A has been added to the Indian Evidence Act to raise presumption regarding abetment of suicide by married woman. The main objective of section 498-A of I. P. C is to protect a woman who is being harassed by her husband or relatives of husband. Sec tion 113-A of Indian Evidence Act, reads as follows Sec. 13-A, Presumption as to dowry death- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation- For the purpose of this section dowry death shall have the same meaning as in section 304-B of the Indian Penal Code (45 of 1860).The object for which section 498A IPC was introduced is amply reflected in the Statement of Objects and Reasons date enacting Criminal Law (Second Amendment) Act No. 46 of 1983. As clear stated therein the increase in number of dowry deaths is a matter of serious concern. The extent of the evil has been commented upon by the Joint mission of the Houses to examine the work of the Dowry Prohibition Act, 1961. In some of cases, cruelty of the hu sband and the relatives of the husband which culminate in suicide by or murder of the helpless woman concerned, which constitute only a belittled fraction involving such cruelty.Therefore, it was proposed to amend IPC, the Code of Criminal Procedure,1973 (in short the Cr. P. C) and the Evidence Act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by the husband, in- laws and relatives. The avowed object is to combat the menace of dowry death and cruelty. 5 The act of harassment would amount to cruelty for the purpose of this section. potable and late coming habits of the husband coupled with beating and demanding dowry have been taken to amount to cruelty within the meaning of this section, but this section has been held not to include a husband who merely drinks as a matter of routine and comes home late. 6 In a case before Supreme Court it was observed that this section has given a new dimension to the concept of cruelty for the purposes of matrimonial remedies and that the type of conduct described here would be relevant for proving cruelty. d) Misuse of anty dowry laws. e) semipublic opinion about anti dowry laws