...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...
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...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...
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...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...
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...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 and taking dowry after 2-10-1985 is an offence except customary presents, given to bride or bridegroom in keeping with the donor's financial status without any demand. The offence is punishable u/s: 3 of the Act. b) Demanding dowry from the spouse's relatives or guardians is an offence from 2-10-1985. The offence is punishable u/s: 4 of the Act. c) A person failing to give to...
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...MY DREAM HOLIDAY I am tired of the usual stuff staying in Europe, going to Spain or Portugal: having chips, getting tanned all that usual stuff. Nothing different to offer, but my dream holiday is a place where they have their unique tradition, their amazing culture and their different lifestyle. Their amazing cuisines and their way of treating people and they country I am trying to say is-Dubai. This is the place, which has mesmerised me with its huge skyscraper and its indefinable luxuries. This is the country, which has developed the most in the past decade. Dubai is the land, which has engraved itself with immense wealth, and this is one of the reasons why I have chosen it as my dream holiday. To start off it is a country, which offers all the luxuries of the world in your fingertips. The beauty of the dazzling blue and peaceful white sky is dimmed with the stunning huge skyscrapers. Dubai is known for its glamour and luxuries and this is what I am here for. The place that I would like to start visiting is the world's tallest hotel-"Burj Al Arab"-the one and only seven star hotel in the world also known for having the tallest atrium in the world. Well when I said I would like to visit the hotel you all would have thought of me going and staying over there, well that's almost impossible for an average person because to stay for one night is almost $25,000 and now if you thought of just having a preview of the hotel that is impossible too because its approx. $5000.Well...
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...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...
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...The dowry system is an age old system and a peculiar phenomenon of the Indian society. It is, as today, a curse to the society. Dowry is the name given to all that, the parents of a girl give to her when she gets married. At the face of it, the system seems quite appropriate, healthy and logical, for, in this simple way, the parents of the girl help her in setting a new home. So far, so good and, originally also the purpose of dowry was very justified and understandable. Let us now analyze how and why this system took birth at all? In the earlier times of Indian society, the daughter had no share in the father's property so, by way of dowry the girl would get at least some portion of her share. Besides this, in those days, the girls were not educated so, this dowry could serve the girl as a back up support system in case of any emergency after her marriage. Seeing this as the ground reality and the reason for the system for having taken birth, no right thinking people would call the system wrong or unjustified. However, with the passage of time this same fine system has taken the ugly shape of begging for dowry, bargaining for dowry, auctioning the boy to the highest bidder and finally suicides. This is because, taking advantage of the system, the parents of the boys, have started demanding dowry. This was never done in the original shape of the system. The girl's parents would give whatever they could and, there would be NO - yes, NO demands from the boy's side. Besides...
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... Serial no: 25 Roll no: 4983 SUBMITTED TO :Dr.shafqat Hussain Chauhdry DOWRY A SOCIAL PROBLEM NARROWED TOPIC: “Dowry system and its impact on Pakistan civilization” Executive summary: This research paper argues on the evil of dowry system and its impact on Pakistani civilization. The objectives of this research were to substantiate the effect, favoritism and involvement of people in Dowry system. This research notified that dowry creates imbalance in the status of women and it affect women mentally and physically. Dowry is also a cause of endorsing greed and conflicts in the society. Majority of people are involved in dowry system whether they are educated or illiterate. However, most of the respondents are against this system. Simple random sampling technique and questionnaire as a data collection instrument has used to accomplish this research. Furthermore, reliability analysis has applied to verify the reliability of scale and chi-square has used to check the association of demographics with research questions. Results have been discussed in the light of Pakistani cultural context. Introduction: Marriage plays an important role in human life. As it is a turning point of life. It leads to many problems in life after marriage but before marriage there is a big deal that can affect life after marriage in Pakistan that is dowry system. Among Pakistani society, the dowry system plays the most significant role. Their tentacle far and ample in the society...
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...Short Essay on Dowry System in India: In our Indian society there are numerous problems like superstitions, illiteracy, cast system and dowry system, etc. It is surprising that in these days of the 20th century even, we are still drowned in the dark depth of these evils. One of the worst evils of Indian Society is the dowry system. The word ‘dowry’ means the property and money that a bride brings to her husband’s house at the time of her marriage. It is a custom that is prevalent in all the sections of our society in one form or the other. At the beginning it was voluntary, but later on the social pressure was such that very few could escape from it. The dowry at present is a source of both joy and curse in the society. It is also a joy to the husband and his relatives who get cash, costly dress and utensils, furniture, bedding materials, etc. But, it is a curse to the bride’s parents who have to bear enormous cost to satisfy the unreasonable demands of the bridegroom’s party. A demand of dowry does not diminish even after marriage. The in-laws of the bride are very much ready in Indian homes to inflict harassment, insults and tortures-both mental and physical. When more pressure is put on the bride’s parents, their dear daughter has no other option but to commit suicide to avoid more insult and torture at the hands of the members of her husband’s family. Also read: Social Issues in India (causes, effects and solutions) This curse of Dowry System must be eradicated...
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...Bonus Assignment 1 Document 1-2 On the Origin of Death from Sources of World Societies. 2nd ed. Vol. 1. Print. 1. Sa (Death) and Alatangana (God) had a relationship based on friendship. It was also a relationship based on what Sa could help Alatangana with in order to bring light into the world(p.6). When this is given to God along with Sa’s daughter, Sa expects something in return so it is also a relationship of give and take. Sa existed before Alatangana and it seemed he depended very much of the help of Sa in order to create the life that was brought forth with his help. 2. The Kono people explain death as a price that is paid in return for Alatangana taking Sa’s daughter without his permission or even giving a dowry(p.6). In return Sa can call on God’s children whenever he chooses by the use of his calabash in a dream (p.8). A life is the price paid by Alatangana for all that Sa has given to Alatangana. 3.Sa brought light into the world by telling the rooster to call east to awaken the Star King. It is a story of bringing life and death to the world by the Kono people of western Aftica. Document 1-5 Double Burial from Mantua, Italy from Sources of World Societies. 2nd ed. Vol. 4. The individuals were buried in an intimate fashion to show in death their relationship in life. The two appear to be embraced with arms crossed and together to suggest they were young lovers(p. 12). They may have died of an untimely death. 5. Individuals were buried with objects “to suggest...
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...in case of incurable disease, cruel or unbearable conditions of life, a sense of shame or disenchantment with life, etc. Nowadays the complications of human life have increased in wide range. In this competitive world to live with comfort, mental peace and satisfaction is not an easy task, a greed of more and more happiness does not let us sit calm and everyone wants basic amenities of life which are essential to live with happiness, it is the responsibility of state to protect individual from external aggression as well as to provide basic amenities for his survival with the emerging concept of welfare state. But if anyone could not get these basic amenities for his survival, or suffering with incurable disease and proceeding towards death slowly whether in such situation can he end his life? It is the most debatable questions whether a person should have a right to die like a right to live. In our constitution there is provision for Right of Life under Article 21. But there is no such Right like right to die. On the other hand, if any person tries to end his life, he is made punishable under section 309 of Indian penal code. The question first arose in case of State of Maharashtra v. Maruty Sripati Dubai, 1987 Cr. LJ 549 that whether the ‘Right to Die’ is included in Art. 21 of the constitution before Bombay High court. In this case a Bombay police constable who was mentally deranged was refused permission to set up a shop and earn a living out of frustration; he tried...
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...1:Defination of euthanasia and its types. * chapter 2:Voluntary death from religious perspective. * Chapter 3:Position of euthanasia in other countries. * Chapter 4:Arguments in favour of legalizing euthanasia. * Chapter 5:Arguments against legalizing euthanasia.Conclusionbibliography | 6781011-1611121314151718 | INTRODUCTION Part III of Indian Constitution contains a long list of fundamental rights. And one of the major fundamental rights among them is Article 21. This article 21 of our constitution deals with "Protection of Life and Personal Liberty". The Article 21 read as follows: "No person shall be deprived of his life or personal liberty expect according to procedure established by law." According to this article right to life means the right to lead meaningful, complete and dignified life. The object of the fundamental right under Article 21 is to prevent any restriction by the State to a person upon his personal liberty and deprivation of life except according to procedure established by law. But can The right to life be interpreted to such an extent which leads to its self destruction(right to die) ? This is the crucial point where the debate arises. When a person ends his life by his own act we call it suicide but to end life of a person by other on the request of the deceased is called mercy killing or euthanasia. It means applying such methods and means which will make the death painless and relieve the person from misery and pain of life. There...
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...also have to consider the time. My point is that: what I am going to share in this article concerning the Igorot culture might not be the same practiced by the Igorots of today. It has made variations by the passing of time, which is also normally happening to many other cultures, but the main core of respect and reverence to ancestors and to those who had just passed is still there. The Igorot culture that I like to share is about our practices and beliefs during the "time of Death". Death is part of the cycle of life. Igorots practice this part of life cycle with a great meaning and importance. Before the advent of Christianity in the Igorotlandia, the Igorots or the people of the Cordilleran region in the Philippines were animist or pagans. Our reverence or the importance of giving honor to our ancestors is a part of our daily activities. We consider our ancestors still to be with us, only that they exist in another world or dimension. Whenever we have some special feasts (e.g., occasions during death, wedding, family gathering, etc.), when we undertake something special (like going somewhere to look for a job or during thanksgiving), we perform some special offer. We call this "Menpalti/ Menkanyaw", an act of butchering and offering animals. During these times we call them in our prayers to join us in spirit. We do this also to ask for help and/or ask for guidance, etc. The prayers are usually performed by an elderly person of the town (called "pangamaen" for a man and "Panginaen"...
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...Through the Eyes of Death LaFaye P. Moore Jr. PSY/280 Human Growth and Development 5/18/2011 Donna Poppendieck Looking Through the Eyes of Death Through death comes the pain of life that can be hand in two ways. In the way to cry and let the pain show then the other one is to hand it the way u need to for your family. Death it the place that no one want it can be a blessing or a cures because now the love ones are died. Looking through the eyes of death through different development of life span leading to the end of life where it comes to a death of itself. These topics, late adulthood and the death of individual as a culmination, ageism and stereotypes associated with late adulthood, how individuals can promote health wellness into late adulthood, mitigate the negative effects of aging, the importance of relationships and social interactions as individual nears end of life, cultural and personal attitudes about death, and dignity through late adulthood. Late adulthood and the death of individual as a culmination Late adulthood for an individual that helps, they find a way to handle accepting death. Then an individual that see death through his or her own eyes learn how to handle this. Therefore, through culminating through the life span of development they build up different ways in how to see death and deal with it. Death is the process where lives have end or is it to mean a new life. Lives come and go through different meaning to them through death. It is time to...
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...Persuasive Speech: Euthanasia. The word “Euthanasia” comes from the Greek words meaning “good death.” In practice, it has come to mean the selective killing of those who are old, young and sick. Worldwide, support for the practice appears to be increasing. However, in today’s society, there are deeper and more layers of meaning to euthanasia than before. There are three basic types of euthanasia: Voluntary, non- voluntary and involuntary. Voluntary euthanasia concerns itself with the express wish of a mentally competent person to die through the assistance of others. Voluntary euthanasia can further be divided into two categories: passive voluntary, which is the specifically requested withholding of unwanted medical treatment, and active voluntary which is the deliberate action of killing the patient at that patients informed request. Should dying human beings be made to suffer horribly during their last days in this world before looking forward to a painful and undignified death when they wish it to be otherwise? The answer is no. As such voluntary euthanasia should be legalized for the terminally ill patients. For many people, euthanasia is a preferable option to dependence and unbearable suffering. A study was conducted on patents’ assessment of states worse than death by Robert Pearlman, a physican specializing in geriatric care at the Seattle Veterans Heath Center. In depth interviews were held with 56 suffering from cancer, AIDS, or who had spent time in a coma from...
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