...Nature created women different from men with a definite purpose. Balance is stillness and stagnation; imbalance is motion and progress. Nature designed life and action by means of the imbalance brought about in the traits of men and women. In the process, women find themselves at the receiving end. They ended up as the weaker half of society by their very nature and are naturally handicapped in a world of men, by men, for men. In a world where strength commands charity and weakness receives cruelty, a woman is at a great disadvantage. She has suffered all types of cruelty and humiliation all along centuries with patience and in silence. This part of woman is symbolized, in tradition by calling her as the Mother Earth who bears all sufferings. The cardinal principle of the survival of the fittest applies to the weak, natural attributes of woman which renders her less fit for survival than man. She must live at his mercy and on his charity, silently bearing all his atrocities unless and until society in an enlightened mood comes to her rescue. What is dowry? 1. Anything transacted or agreed to be transacted between the parties of the marriage is dowry. 2. Any transaction or demands for such a transaction which was not agreed upon by concerned parties in connection with marriage falls beyond the scope of dowry. What constitutes offence in dowry death cases? 1. Offences under the Dowry Prohibition Act: a) Giving...
Words: 2623 - Pages: 11
...Death Due to Dowry - A Legal Analysis SOCIOLOGY By : RASHMI NAIK TABLE OF CONTENTS TABLE OF CASES 3 TABLE OF AUTHORITIES 4 RESEARCH METHODOLOGY 7 CHAPTER I: DEFINING DOWRY IN LEGAL TERMS. 9 CHAPTER II: SOCIOLOGICAL EFFECTS OF DOWRY AND LEGAL ANALYSIS.. 13 CHAPTER III: IS DOWRY DEATH DECLINING? 19 CONCLUSION 21 BIBLIOGRAPHY 23 TABLE OF CASES 1. Dwarkadas shrinivas v. Sholapur Spinning and Weaving Co. 2. K. Prema S. Rao v. Yadla Srinivasa Rao,. 3. Kunju Moideen v. Sayed mohd. 4. Paniben (Smt), v. State of Gujarat. 5. Smt. Shanti and Another v State of Haryana. 6. The Collector of Bombay v. Nusserwanji Rattanji Mistri and others. 7. V. Jhadav v. Shankarrao Abasaheb pawar and others. 8. Samir Samanta v.The State, 9. Gurditta Singh v. The State Of Rajasthan, 10. Shamnsaheb M Multani v. State of Karnataka 11. Pawan Kumar v. State of Haryana 12. Ashok Kumar v. State of Rajasthan 13. Kundula Bala Subrahmanyam and Another v. State of Andhra Pradesh TABLE OF AUTHORITIES 1. Dowry prohibition Act, 1961. 2. Indian Evidence Act, 1872. 3. Indian Penal Code, 1860. INTRODUCTION Dowry death is an important topic in a country like India, which has given shame to this country. In the past centuries, women were generally abused exploited and discarded and were denied social, economic and political justice. Dowry is one among the cruel social practices practiced in India. Dowry is an issue in which women’s...
Words: 5053 - Pages: 21
...Dr. Vijender Kumar Professor of Law Head, Centre for Family Law Submitted by: Shivam Bhatt IInd Year, IIIrd Semester Roll No. : 2012-47 National Academy of Legal Studies and Research, University of Law, Hyderabad. TABLE OF CONTENTS LIST OF ABBREVIATION i TABLE OF CASES ii TABLE OF STATUTES ii CHAPTER I INTRODUCTION 1.1 Dowry and Mahr…………………………………………………………………………..1 1.2 Research Plan 2 a.) Aims and Objectives 2 b.) Scope and Limitation 2 c.) Chapterisation 2 1.3 Research Methodology 2 CHAPTER II DOWRY AND MAHR AS A SOCIAL EVIL CHAPTER III DOWRY PROHIBITION AND DOWRY PROHIBITION LAWS 3.1 The Dowry Prohibition Act, 1961 9 3.2 Section 304B of IPC 11 3.3 Section 498A of IPC 12 CHAPTER IV MISSUSE OF DOWRY LAWS CHAPTER V CONCLUSION & SUGGESSTIONS BIBLIOGRAPHY iii LIST OF ABBREVIATION AIR – All Indian Reporter Co. – Company Ed. – Edition Et. al. – Et alia e.g. – ‘Exempli gratia’ (for example) HSA – Hindu Succession Act P. – Page number SCC – Supreme Court Cases v. - versus TABLE OF CASES Dinesh Kumar Mor v Lalitya Mor. 9 Dukhi Ram v State of U.P. 12 Gantupalli Rama Subhatha v Guntu Palli Rajamma. 10 Gordhan Ram v State of Rajathan. 12 Lajpat Rai Sehgal v State. 11 M.L. Sethi v R.P. Kapur, 10 Pandurang Shivram Kawathkar v. State of Maharashtra. 11 Prema S. Rao v Yadla Srinivasa Rao 12 Rajinder Kumar v...
Words: 6021 - Pages: 25
...women too has generated much debate. Shoma A. Chatterjilooks at the archaic law in the light of changing social mores HOW fair is the National Commission for Women’s (NCW) stand against the Union Government’s attempt to amend Section 497 of the Indian Penal Code regarding the reversegender bias contained in the country’s age-old law on adultery? It is proposed to include women within the purview of Section 497 as against its present rules that expressly state that a married woman cannot be punished even as an abettor in a case of adultery. Whether the woman is a victim of adultery or is herself an adulteress, she is completely free of being penalised for her misdemeanour. Should this bias continue into 2007? The question is a tough one to answer. The bonds of marriage have a religious, social and legal sanction in India. Thus, any sexual liaison that defies this bond spells noncompliance with social norms. It is a violation of the sacred marriage vows religiously and morally held to be sacrosanct and is punishable under the laws of Illustration by Aditi Chahar the land. Bigamy for all non-Muslims is a crime vide Section 494 of the IPC. Why should women remain immune to the law today? What is adultery Section 497 of the Indian Penal Code (IPC) defines "adultery" thus: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not...
Words: 3353 - Pages: 14
...THE PRACTICE OF DOWRY IN INDIA The last several hundred years of women's history in India has been painted black with dowry related incidences of murder, female foeticide/infanticide and domestic violence. An examination of dowry's history reveals that it is neither an exceptional nor a recent social phenomenon in India. Many societies in the earlier days of civilization had such practices. While such practices in most western societies vanished with modernization, they became more widespread and inflationary in India. Modernizing forces, namely colonialism and commercialization, have been at work in India for years, and they would prima facie be expected to suppress such primitive practices. However, even after more than forty years of its prohibition, the practice has spread and has increasingly ingrained itself in the institution of marriage. A dowry is the transfer of parental property to a daughter as her inheritance at her marriage (i.e. inter vivos) rather than at the owner's death (mortis causa). A dowry establishes a type of conjugal fund, the nature of which may vary widely.Dowry contrasts with the related concepts of bride price and dower. While bride price (or bride service) is a payment by the groom or his family to the bride's parents, dowry is the wealth transferred from the bride's family to the groom or his family, ostensibly for the bride. Similarly, dower[->0] is the property settled on the bride herself by the groom at the time of marriage and which...
Words: 4105 - Pages: 17
...DOWRY DEATH INTRODUCTION :- The dictionary meaning of the term dowry is ‘property or money brought by bride to her husband on marriage’. The system of taking dowry is prevalent in our country since ages. As per section 2 of the Dowry Prohibition Act.,1961 dowry is defined as “dowry includes any property or valuable security given or greed to be given either directly or indirectly: -By one party to a marriage to the other party to the marriage; or -By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before or any time after the marriage in connection with the marriage of the said parties. During the ancient times dowry was considered as a custom in our country. The custom however became a social evil with the passage of time. This social evil has taken lives of many innocent brides for its non fulfillment. Deaths of young brides through suicide or homicide following disputes over the dowry are increasingly a feature of Indian society. Marriages in India are usually arranged by parents and the wife becomes a member of the husband's family, in most cases moves in with them. Since most marriages are arranged with the assistance of third parties, the family generally do not know each other well. Nevertheless, the newly wedded bride is expected to switch her principal loyalty overnight to her husband's family. The husband's family may make little accommodation to the bride...
Words: 2349 - Pages: 10
...Abstract This commentary is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the first in this sphere has concretely dealt with the problem of domestic violence taking into consideration all the related laws and has attempted to reduce the numerous ancillary problems generally faced by such legislations (such as impractical provisions). This legislation is well placed in the Indian context and social scenario, clearly reflective of the mindset of the Indian men. The commentary primarily looks into the provisions of this Act from the constitutional perspective – the Fundamental rights to be particular. The main aim of the commentary is to bring to light the numerous rights, most of which are constitutionally guaranteed, of women who are protected directly or indirectly by this Act. The all-encompassing nature of the legislation is elucidated among the other positive aspects of this law. The Act is thus a very vital piece of legislation from the feminist perspective of law. However one of the main and primary criticisms of the writers is that this Act intentionally or unintentionally neglects to address the issue of child abuse among male children. This persisting problem having been left without any such specific laws requires quick and immediate addressal. Introduction Domestic violence is sadly a reality in Indian society, a truism. In the Indian patriarchal setup, it became an acceptable practice to abuse women. There may be many reasons...
Words: 2664 - Pages: 11
...WIKIPEDIA Dowry death From Wikipedia, the free encyclopedia Jump to: navigation, search Dowry deaths refers the deaths of young women who are murdered or driven to suicide by continuous harassment and torture by husbands and in-laws in an effort to extort an increased dowry. Dowry death is considered one of the many categories of violence against women, alongside rape, bride burning, eve teasing, and acid throwing. It is widespread in India, Pakistan, Bangladesh, Nepal. Sri Lanka and some regions of Africa. Pakistan has the highest reported rates of dowry-related deaths per 100,000 women in the world. India[edit] Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting her on fire; this is known as "bride burning", and sometimes disguised as suicide or accident. Suicide and murder are two causes of fatalities in dowry deaths. Death by burning of Indian women have been more frequently attributed to dowry conflicts.[1] In dowry deaths, the groom’s family is perpetrator of murder or suicide.[2] According to Indian National Crime Record Bureau, in 2010, 8391 dowry death cases were reported across India[3] This means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000 women in India.[4][5] For contextual reference, United Nations reports a worldwide average female homicide rate of 3.6...
Words: 3807 - Pages: 16
...Preface There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead...
Words: 20252 - Pages: 82
...June 2012 Chief Editor : Rina Sonowal Kouli Editor : Manogyan R. Pal Vol 56 Joint Director (Production) : V.K. Meena Cover Design : Ruby Kumari E-mail (Editorial) : yojanace@gmail.com (Circulation) : pdjucir_ jcm@yahoo.co.in Website : www.yojana.gov.in Let noble thoughts come to us from every side Rig Veda CONTENTS RETHINKING POLICY ON CHILD SEx RATIOS Mary E John ......................................................................................5 NCW: TWENTY YEARS OF EMPOWERING WOMEN Mamta Sharma ..................................................................................9 STREE SHAKTI Rashmi Singh ..................................................................................13 NORTH EAST DIARY ...............................................................18 EMPOWERING WOMEN IN AGRICULTURE Amrit Patel ......................................................................................19 EMPOWERED WOMEN, EMPOWERED NATION Shahin Razi .....................................................................................24 WOMEN'S EMPOWERMENT ACROSS INDIAN STATES Arundhati Chattopadhyay ...............................................................29 J&K wINDOw ..........................................................................56 AMENDING ARCHAIC LAWS TO EMPOWER WOMEN Moushumi Das Gupta .....................................................................52 WOMEN AND PANCHAYATI RAJ Nupur Tiwari ..................................................
Words: 28168 - Pages: 113
...LIVE IN RELATIONSHIP http://en.wikipedia.org/wiki/Cohabitation_in_India Cohabitation or live-in relationships in India though not illegal, is considered socially and morally improper. Cohabitation is prevalent mostly among the people living in metro cities in India. Legal decisions[edit] Protection of Women from Domestic Violence Act 2005 recognises “relationship in the nature of marriage” and protects female partners from domestic violence. Such partners can claim monetary and other reliefs under the Act.[1] In S. Khushboo Vs. Kanniammal & Anr.,[2] the Supreme Court of India, placing reliance upon its earlier decision in Lata Singh Vs. State of U.P. & Anr.,[3] held that live-in-relationship is permissible only in unmarried major persons of heterogeneous sex. The Supreme Court on 13 August 2010 in the case of Madan Mohan Singh & Ors v. Rajni Kant & Anr. [4] has once again entered the debate on legality of the Live-in Relationship as well as legitimacy of Child born out of such relationship. The Court while dismissing the appeal in the property dispute held that there is a presumption of marriage between those who are in live-in relationship for a long time and this cannot be termed as 'walking-in and walking-out' relationship. In the case of Bharata Matha & Ors v. R. Vijaya Renganathan & Ors. [5]dealing with the legitimacy of child born out of a live-in relationship and his succession of property rights, the Supreme Court held that child born out...
Words: 16635 - Pages: 67
