Demystifying the Threshold in Dowry Harassment against Women-Skeptical Judicial Approach
Author : Asmathunnisa G
Abstract :
Dowry is a system which is not new to Indian society. This system persists since time immemorial to which history is evident. Dowry is a practise of giving gifts, cash or property that the bride’s family gives to groom as a condition of the marriage. Dowry harassment has now became a serious concern due to abuse and mistreatment associated with it. To curb the practice of Dowry there is a specific law The Dowry Prohibition Act 1961, which prohibits giving or receiving of dowry at or before or after the marriage. Section 498-A of Indian Penal Code of 1860 now named as Bharatiya Nyaya Sanhita 2023 with an insertion of clause 84 provides cruelty by husband or relatives. However when such an offence is committed the accused person will be facing mandatory minimum punishment wherein not only the accused but his entire family is subject to the procedure. There is a deviation from the settled principles of Law. Judiciary often deviates from the procedure which expressly provides presumption of innocence, shifting of burden of proof and time and again there are judicial pronouncements which itself is not settled.
Keywords :
Dowry, offences, presumption, judiciary, harassment
