Humiliation/Dowry System

A Project Report on

HUMILIATION
By Sangeetha.R

Humiliation/Dowry System

HUMILIATION:
Humiliation means 1. 2. 3. 4. State of disgrace or loss of self-respect. Strong feelings of embarrassment. An instance in which you are caused to lose your prestige or self-respect. Depriving one of self-esteem.

Humiliation includes the following: Humiliation includes house harassments, sexual harassments, house arrest and Dowry System. Among them Dowry System plays a major role.

Humiliation/Dowry System

DOWRY SYSTEM
In Asia, Dowry is a common practice in many Asian countries, including Bangladesh INTRODUCTION: Dowry is the payment in cash or/and kind by the bride's family to the bridegrooms family along with the giving away of the bride (called Kanyadaan) in Indian marriage. Kanyadanam is an important part of Hindu marital rites. Kanya means daughter, and dana means gift. The brides parents offer dowry to the grooms family in the form of money and materials. This is in order to help support the livelihood of the bride until the groom grows up to support her himself. The opposite of this is called Kanyashulkam. In India dowry (known as /Dahej/ in Hindi) is the payment in cash or some kind of gifts given to bridegroom's family along with the bride. Generally they include cash, jewelers, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newly-wed set up her home. The dowry system has been putting great financial burden on the daughters family. It has been one of the reasons for families and women in India resorting to sex selection favoring to have a son. The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law. and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Despite the anti-dowry law in India, it is still widely and illegally practiced across the country.

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Explanation:
Dowry may be to provide the husband with "seed money" or Property for the establishment of a new household and to help feed and protect the family. Another to provide the wife and children some support if he were to die. Still another function may be as compensation for bride price. A dowry may also have served as a form of protection for the wife against the possibility of ill treatment by her husband and his family. In other words, the dowry provides an incentive to the husband not to harm his wife. An economic explanation for dowry and bride price is that bride price is common in polygynous societies which have a relative scarcity of available women. In monogamous societies where women have little personal wealth dowry is instead common since there is a relative scarcity of wealthy men who can choose from many potential women when marrying. Dowry originated in upper caste families as the wedding gift to the bride from her family. The dowry was later given to help with marriage expenses and became a form of insurance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics. The practice of dowry abuse is rising in India. The most severe in bride burning, the burning of women whose dowries were not considered sufficient by their husband or in-laws. Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices against women in India.

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Cultural practices such as the payment of dowry tend to subordinate women in Indian society. Though prohibited by law in 1961, the extraction of DOWRY from the bride's family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burns the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours.

The Dowry Prohibition (DP) Act:

Introduced and taken up by the Indian law minister Ashoke Kumar Sen. This Act prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage. Where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal. Asking or giving of dowry can be punished by an imprisonment of up to six months, or a fine of up to Rs.15000 or the amount of dowry whichever is higher and imprisonment up to 5 years. It replaced several pieces of anti-dowry legislation that had been enacted by various Indian states. Penalty for demanding dowry: If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months. However, as per section 3 of the Act, both the giver and the receiver are sought to be punished.
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Penalty for giving or taking dowry:

If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years. IPC Section 406 This section, for offences related to Criminal Breach of Trust, is usually applied in investigation of Stridhan recovery from the husband and his family. Section 406 Punishment for criminal breach of trust Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. IPC Section 304B This Section of the Indian Penal Code was inserted by a 1986 amendment. The wording of the law states: Section 304B Dowry death 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 any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death. Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Humiliation/Dowry System

IPC Section 498A Section 498A was inserted into the Indian Penal Code in 1983 via an amendment. It reads: 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 is liable to fine. Explanation-For the purpose of this section, "cruelty" means Any willful 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 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 meet such demand. This section is non-bailable, non-compoundable (i.e. it cannot be privately resolved between the parties concerned) and cognizable. Prosecution for a non-compoundable offense can only be quashed by a High Court of India under its powers under section 482 of Criminal Procedure Code of India. Usually, cases under 498A are quashed by mutual agreement when the husband and wife reconcile with each other, or agree to divorce by mutual consent. After registration of an FIR for a cognizable, non bailable offense, the police in India can arrest any and all of the accused named in the complaint.

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Domestic Violence Act (2005/2006) Main article: Protection of Women from Domestic Violence Act 2005 The above being criminal remedies, a civil remedy were brought into the picture in 2005 (amended in 2006). This was called the "Protection of Women from Domestic Violence Act". For the purpose of this act, Domestic Violence includes the demand for dowry: For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it. harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or Harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful *demand for any dowry. Other property or valuable security has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b);Or Otherwise injures or causes harm, whether physical or mental, to the aggrieved person. This Act empowered the lower courts to issue "protection orders" on the complaint of a woman against her male relatives. The protection orders could include restraining orders on the husband and others, monetary compensation, and residence orders. Though it is a civil remedy, violation of protection orders result in Criminal penalties (including imprisonment).
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Social Repercussions
In urban India, the majority of families have inadequate knowledge regarding section 498A of the Indian Penal Code, 1860. Even temporary imprisonment followed by acquittal leads to loss of social standing. As per the judgments given by many courts in India including supreme court, once a women files a false 498a case against her husband or her relatives she had caused cruelty to the other party and the husband can claim divorce and it is assured. A women who files a false 498a case against the husband or husbands relatives finds its difficult to get remarried as the other person feels that he might also be in the same position if he marries her.

Analysis of Dowry Deaths:

In 1988, 2,209 women were killed in dowry related incidents In 1990, 4,835 women were killed in the same dowry related incidents. According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. In 2008 a total of 1, 95,856 cases were registered. In 2009 a total of 2, 03,804 cases were registered. And in 2010 a total of 2, 13,585 cases were registered. A woman is murdered for dowry every 20 minutes. There are 2400 dowry deaths per every year. This has distorted the sex ratio in India 933 females per 1000 males and has given rise to female feticides. The above analysis is only by records, unofficially there are more than the above.

Humiliation/Dowry System

Some facts:
In Delhi, where ninety percent of cases of women burnt were recorded as accidents. five percent as suicide and only the remaining five percent were shown as murder. Recent newspaper reports have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal Pradesh.

9th December 2011 News: Government examining anti-dowry Act New Delhi: Government on Friday said it was examining certain amendments in the Dowry Prohibition Act 1961 that were suggested by the National Commission for Women to make the law more effective. Replying to a question in the LokSabha, Minister of State for Women and Child Development Krishna Tirath said that decision whether to incorporate these changes in the Act would only be taken after complete examination of the proposal. Government examining anti-dowry Act "The recommendations are under examination and the decision to amend the Act will be contingent on the outcome of the examination," Tirath said. In reply to another question, Tirath said while the National Crime Records Bureau data for the years 2008, 2009 and 2010 had showed an increasing trend in crimes against women, it was also reflective of an increased level of awareness. A total of 1, 95,856 (2008), 2, 03,804 (2009) and 2, 13,585 (2010) cases were registered during these years. Tirath said in a statement. "While it shows an increasing trend, it may also reflect greater awareness of laws leading to an increase in reporting of cases," she said. PTI First Published: this news on Friday, December 09, 2011, 15:0

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SO..,
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And wake up the society to prevent the Dowry Deaths.

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