Table of contents Introduction 2Domestic violence against women 3Research study on the use and misuse of 498A IPC 5 Backdrop 5 Objectives 6 Findings 7Dowry in India 8Dowry Prohibition Act 9Section 406 10Section 304B 10Section 498 11Domestic Violence Act 12

Crime against women in a Marital RelationshipIntroductionBride tortured to death for dowry, School going kid succumbs to his injuries after beaten by father, A seventy year old man killed over property dispute, Harassment of men in ChandigarhAll these and what not, turn to any newspaper at random and you would find the reports of such kind of violence all over the country. These are all what we come to know through different forms of media. There are more such cases which go unreported every day. In fact, include the cases which we our self-indulge in, or the ones which we witness in the neighbourhood but are hesitant in taking even a single step to reduce their occurrences.In our society, violence is bursting. It is present almost everywhere and nowhere is this eruption more intense than right behind the doors of our homes. Behind closed doors of homes all across our country, people are being tortured, beaten and killed. It is happening in rural areas, towns, cities and in metropolitans as well. It is crossing all social classes, genders, racial lines and age groups. It is becoming a legacy being passed on from one generation to another.The term used to describe this exploding problem of violence within our homes is Domestic Violence. This violence is towards someone who we are in a relationship with, be it a wife, husband, son, daughter, mother, father, grandparent or any other family member. It can be a males or a females atrocities towards another male or a female. Anyone can be a victim and a victimizer. This violence has a tendency to explode in various forms such as physical, sexual or emotional.Since times immemorial, domestic violence has been an intrinsic part of the society we are living in. The contributing factors could be the desire to gain control over another family member, the desire to exploit someone for personal benefits, the flare to be in a commanding position all the time showcasing ones supremacy so on and so forth. On various occasions, psychological problems and social influence also add to the vehemence.

Domestic Violence against WomenThis form of domestic violence is most common of all. One of the reasons for it being so prevalent is the orthodox and idiotic mind-set of the society that women are physically and emotionally weaker than the males. Though women today have proved themselves in almost every field of life affirming that they are no less than men, the reports of violence against them are much larger in number than against men. The possible reasons are many and are diversified over the length and breadth of the country. According to United Nation Population Fund Report, around two-third of married Indian women are victims of domestic violence and as many as 70 per cent of married women in India between the age of 15 and 49 are victims of beating, rape or forced sex. In India, more than 55 percent of the women suffer from domestic violence, especially in the states of Bihar, U.P., M.P. and other northern states.The most common causes for women stalking and battering include dissatisfaction with the dowry and exploiting women for more of it, arguing with the partner, refusing to have sex with him, neglecting children, going out of home without telling the partner, not cooking properly or on time, indulging in extra marital affairs, not looking after in-laws etc. In some cases infertility in females also leads to their assault by the family members. The greed for dowry, desire for a male child and alcoholism of the spouse are major factors of domestic violence against women in rural areas. There have been gruesome reports of young bride being burnt alive or subjected to continuous harassment for not bringing home the amount of demanded dowry. Women in India also admit to hitting or beating because of their suspicion about the husbands sexual involvement with other women. The Tandoor Murder Case of Naina Sahni in New Delhi in the year 1995 is one such dreadful incident of a woman being killed and then burnt in a Tandoor by his husband. This incidence was an outcome of suspicion of extra marital affairs of Naina Sahni which led to marital discord and domestic violence against her.In urban areas there are many more factors which lead to differences in the beginning and later take the shape of domestic violence. These include more income of a working woman than her partner, her absence in the house till late night, abusing and neglecting in-laws, being more forward socially etc. Working women are quite often subjected to assaults and coercion sex by employees of the organization. At times, it could be voluntary for a better pay and designation in the office.Violence against young widows has also been on a rise in India. Most often they are cursed for their husbands death and are deprived of proper food and clothing. They are not allowed or encouraged for remarriage in most of the homes, especially in rural areas. There have been cases of molestation and rape attempts of women by other family members in nuclear families or someone in the neighbourhood. At times, women are even sexually coerced by their partner themselves against their will. They are brutally beaten and tortured for not conceiving a male child. Incidents like, ripping off a womans womb for killing the female foetus when she disagrees for abortion have also come to light especially in rural areas. Female foeticide and female infanticide continue to be a rising concern.Also as expressed by Rebecca J. Burns in the following lines, When I am asked why a woman doesnt leave abuser I say: Women stay because the fear of leaving is greater than the fear of staying. They will leave when the fear of staying is greater than the fear of leaving. A common Indian house wife has a tendency to bear the harassment she is subjected to by her husband and the family. One reason could be to prevent the children from undergoing the hardships if she separates from the spouse. Also the traditional and orthodox mindset makes them bear the sufferings without any protest.Other forms of physical abuse against women include slapping, punching, grabbing, burdening them with drudgery, public humiliation and the neglect of their health problems. Some of the other forms of psychological torment against them could be curtailment of their rights to self-expression and curbing the freedom to associate with the natal family and friend.

A Research study on the use and misuse ofSection 498A of the Indian Penal CodeStudy Summary(2005)Centre for Social ResearchThe BackdropViolence against women is a phenomenon that cuts across boundaries of culture, class, education, ethnicity and age. The feminist movement of the 70s and 80s made a major contribution in getting VAW recognised as a critical area of concern in India. In the 1980s, the incidences of 'dowry death' were steadily rising in India, so women's organisations across the country pressurised the Criminal Law Amendment Committee (1982) and urged the government to provide legislative protection to women against domestic violence and dowry, so that the victim gets justice while she is still alive[footnoteRef:1]. As a result of the intense campaigning and lobbying, significant amendments were made in the Indian Penal Code, the Indian Evidence Act and the Dowry Prohibition Act, with the intention of protecting women from marital violence, abuse and dowry demands. The most important amendment came in the form of the introduction of Section 498A in the Indian Penal Code (IPC). This was the first time that an attempt was made to consider domestic violence against women a criminal offence. [1: http://www.indiatogether.com/manushi/issue148/dowry.htm]

The legislation Indian Penal Code - Section 498A, IPCIntroduced in the Penal Code by Criminal Law (Second Amendment) Act of 1983(Act No. 46 of 1983)

498A. HUSBAND OR RELATIVE OF HUSBAND OF A WOMAN SUBJECTINGHER 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 be liable to fine.Explanation: For the purposes of this section, "cruelty" means(a) Any wilful 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(b) 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 to meet such demand.Analysis of the section shows that this law deals with four types of cruelty: " Any conduct that is likely to drive a woman to suicide, " Any conduct which is likely to cause grave injury to the life, limb or health of the woman, " Harassment with the purpose of forcing the woman or her relatives to give some property, or " Harassment because the woman or her relatives are either unable to yield to the demand for more money or do not give some share of the property.Section 498A of the Indian Penal Code: Violation of this is a criminal offence. It is a cognizable, non-bailable, and non-compoundable offence.Need for the StudyIn March 2003, the Committee on Reforms of the Criminal Justice System formulated by the Government of India, Ministry of Home Affairs, under the Chairmanship of Dr. Justice V.S. Malimath, made several suggestions regarding the Criminal Justice System. The committee suggested amendments to section 498A on the plea that it was being misused. In the context of the Malimath Committee's recommendations and the landmark judgement of Justice J.D. Kapoor, the Centre for Social Research (CSR) with the support of IFES and USAID took up the present study to investigate some of the issues relating to IPC Section 498A.

Key Objectives:a) To analyse the prevalence, patterns and trends of DV (Domestic Violence) related cases filed under section 498A and to assess the need of this provision.b) With the help of secondary and primary data, to understand and analyse whether section 498A is being used or misused as indicated in the Malimath Committee Report.c) To serve as a base for conducting further detailed studies pertaining to the legal effectiveness of the current statutes and the need for new statutes to combat DV.Study Area: Delhi Karnataka (Banglore, Mysore) Rajasthan (Jaipur, Ajmer) and West Bengal (Kolkata, 24 Pargana south).The states represent four regions of the country with different socio-cultural backgrounds, where the rate of incidences of cruelty towards women by husbands and relatives vary.

Findings of the study-Nearly five crore married women in India are victims of domestic violence(DV). only 0.1 percent (1 out of 1000 DV cases) of these are being reported.Out of 100 cases that are ordered for investigation under 498A, only in 2 cases does the accused get convicted.According to the available statistical information from the National CrimeRecords Bureau and information available from NGOs working with victims of violence, there is a general tendency to avoid seeking redressal among the victims of domestic violence. However, when a victim of domestic violence seeks help from any of the agencies, be it family, friends, NGOs, or lawyers, before registering a complaint, at each stage she is asked to reconcile the matter or to put up with the situation. Reconciliation in 498A cases takes place at every stage including the police station, Crime Against Women Cells and courts.We found that in five cases filed under Section 498A the parties settled the matter after agreeing on maintenance and divorce. In a majority of the cases before a victim filed the complaint under Section 498A, the minimum period she suffered physical and mental torture, was for about three years. The trial process is quite lengthy and the proportion of pending cases is quiet high (out of the 40 cases based on victims' interviews which went for trial in court, 28 cases are still pending). In the cases tracked, the normal trial period was between five to ten years.It was found that it was difficult to prove physical and mental torture. In all the eight cases in which the accused were acquitted, the victims were found to have suffered physical and mental torture, but as there was not enough evidence to prove torture, the accused were let off.The cases where the accused were convicted had been filed under Section 498A along with section 304B and 302, which are applicable after the death of the victim. There were no convictions in any of the cases registered only under Section 498A.It has been found that out of 30 cases there is not a single case where the accused has been convicted only under Section 498A. The accused have been acquitted (11 cases) by the court where the prosecutor failed to provide evidentiary proof of cruelty, mainly mental, inflicted on the victim as provided under Section 498A IPC. It is difficult to prove cruelty when the victim is still alive. This makes conviction only on the basis of Section 498A, difficult. Only in cases where Section 498A is used along with other Sections is the conviction rate high.In most of the cases where there is acquittal at the District Court, the matter is not taken up at higher courts. Only where there is a conviction at the lower courts are cases taken to higher courts.The study also has observed that 6.5 percent of the total cases studied through victims' interviews were found false at the level of investigation. Many of the accused, police, judges and lawyers, categorically said that 'educated and independent minded women' misuse the section.On the basis of the interviews conducted, we can conclude that victims find the Section somewhat useful and felt the need for further strengthening it. In the perception of the NGOs, the provision (498A) is the only Section, which acts as an effective redressal mechanism for victims of domestic violence.

Dowry in IndiaThe payment of adowrygift, often financial, has a long history in many parts of the world. InIndia, the payment of a dowry was prohibited in 1961 under Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code was enacted to make it easier for the wife to seek redress from potential harassment by the husband's family. Dowry laws have come under criticism as they have been misused by women and their families.In India, there are civil laws, criminal laws and special legislative acts against the tradition of Dowry. Someone accused of taking dowry is therefore subject to a multiplicity of legal processes.

DowrySection 2.. "Dowry Prohibition Act, 1961" Definition of dowry Definition of dowry.In this Act, dowry means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) 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 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I. 3[***] Explanation II.The expression valuable securityhas the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

The Dowry Prohibition (DP) ActIntroduced and taken up by then Indian law ministerAshoke Kumar Sen[footnoteRef:2], this Actprohibits 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. [2: http://indiacode.nic.in/rsPaging.asp?tfnm=196128&Page=1]

Section 4 of the said Act states:4. 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 an adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.[footnoteRef:3] [3: http://www.vakilno1.com/bareacts/dowryprohibitionact/s4.html]

However, as per section 3 of the Act,both the giver and the receiver are sought to be punished.[footnoteRef:4] [4: http://www.vakilno1.com/bareacts/dowryprohibitionact/s3.html]

3. Penalty for giving or taking dowry.- [(Note: Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (1)] 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, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:]Provided that the Court may, for a adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.](2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, -(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).(b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf).Provided that such presents are entered in a list maintained in accordance with the rules made under this Act.Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.

IPC Section 406This section, for offences related to Criminal Breach of Trust, is usually applied in investigation of stridhan recovery from the husband and his family.Offences under this section arebailableandcognizable.Section 406.Punishment for criminal breach of trustWhoever 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.[footnoteRef:5] [5: http://www.vakilno1.com/bareacts/indianpenalcode/s406.htm]

IPC Section 304BThis Section of the Indian Penal Code was inserted by a 1986 amendment. The wording of the law states:Section 304B. Dowry death(1) 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, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961).(2) 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.IPC Section 498ASection 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 be liable to fine.Explanation-For the purpose of this section, "cruelty" means-(a) 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(b) 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.

Status of Second wife under Anti-Dowry Law- I [2008] DMC 279- Bombay High Court- Justice C.L. Pangarkar Ranjana Gopalrao Thorat Vs. State of Maharashatra- Hindu Marriage Act,1955Section 17BigamySecond wife cannot assume a character as wife--- It is no marriage in eyes of law[Pg.280 {Para6}]-- Indian Penal CodeSection 498Acrueltyword relativemeaning of- Person who is related to husband either by blood or marriageThus she does not fall within scope of Section 498A-- Indian Penal Code Pg.280 {Para6}]"Every Suicide After Marriage cannot be presumed to be Suicide due to Dowry Demand"-2011[1] JCC Page No.668- In The High Court of Delhi- Honble Mr. Justice Shiv Narayan Dhingra- Dated: - 2 December 2010- Rani Vs. State of NCT of Delhi- Criminal Appeal No. 93 of 2004- Indian Penal Code, 1860- Section 304B/ 498A Read With Section 34- Conviction- allegation of demanding of Rs.50,000/- and scooter were vague in nature- Whether it was done by husband, mother-in-law or father-in-law- Answers to all these questions are absentIngredients of Section 304B IPC were totally absent- Unnatural Death can be called a dowry death only if after making a demand made by accused is not fulfilled by perpetuation of cruelty upon the victim- The list of dowry show that both parties belonged to poor strata of society- No evidence, whatsoever was collected by police about the real facts- Every suicide after marriage cannot be presumed to be a suicide due to dowry demand- The tendency of the court should not be that since a young bride has died after marriage, now somebody must be held culprit and the noose must be made to fit some neck.

Domestic Violence Act (2005/2006)The above being a criminal remedy, a civil remedy was 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 -(a) 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(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawfuldemand for any dowryor other property or valuable security; or(c) 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(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.[footnoteRef:6] [6: http://pwdvhyd.ap.nic.in/bareacts.html#s1]

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).

Bibliography-http://www.helpguide.org/mental/domestic_violence_abuse_types_signs_causes_effects.htmhttp://ipc498a.wordpress.com/2008/05/24/sc-explains-the-applicability-of-section-498a-in-a-judgment-2002/http://www.csrindia.org/attachments/Research%20-%20498A.pdfwww.wikipedia.com

1Crime against women in a Marital Relationship