Dowry-related violence

This law defines “customary marriage” as the marriage between a man and a woman performed according to the tribal tradition of their locality and provides that a wife’s rights and duties within a customary marriage are the same as a wife’s rights and duties in a statutory marriage (a statutory marriage is a civil marriage license under the Domestic Relations Law).  §2.1 provides that all customary marriages are legal, and the duties and liabilities of the statutory wife shall be accorded to all customary wives.

Shortly after a couple wed, the husband and his relatives began treating the wife poorly and demanded dowry from her. The husband and his brother later strangled her with rope and his sisters held the wife’s arms. This led to her death. All of the accused were convicted and sentenced under Sections 302 and 498(a) of the Indian Penal Code. The aunt of the husband was also convicted and sentenced under 498(a) for alleged dowry-related cruelty, which can lead to a sentence of up to three years imprisonment.

The petitioner, having been found guilty under the dowry prohibition act, charged that because the witnesses were all related, their testimony was insufficient to prove that he participated in a demand for dowry. The Court held that the testimony is sufficient to uphold a charge, and that evidence of a demand for dowry having been presented it is up to the defendant to prove that he did not participate in the demand—to prove an alibi.

In this case, a woman's in-laws repeatedly demanded additional gifts from her. As a result of this harassment, the woman committed suicide. The Court defined dowry as any demand for gifts in relation to marriage and dowry death as a death within seven years of marriage where there have been demands for dowry.

The petitioners were charged and found guilty of dowry death. The Court upheld the conviction, holding that the evidence of cruelty necessary to create a presumption of dowry death may be less than or different from the level of evidence of cruelty necessary to uphold a charge of criminal cruelty.  The two crimes are unrelated, despite using similar wordings, and a person may be convicted of dowry death without having committed criminal cruelty.

A new bride was threatened by her in-laws if her family did not provide a greater dowry. When local villagers protested these threats, the husband’s family killed his new bride by burning her with kerosene. The main issue of the case was to determine how the elements of dowry-death should be proven at trial under amended Indian Penal Code. The trial court acquitted the defendant of dowry-death in taking a narrow statutory view.

A woman committed suicide by hanging herself after being mistreated and abused by her husband, being subject to complaints about her dowry and held responsible for the death of her father-in-law because of her "evil luck" by her in-laws, and being subjected to other mental torture.  In an action against the woman's husband and mother-in-law, the lower court had found insufficient evidence of systematic cruelty or physical or mental torture to sustain a conviction under 498 A of the Indian Penal Code, which provides that a relative of a woman that subjects that woman to cruelty may be i

Immediately after a woman’s marriage, her husband and his parents harassed her for having an insufficient dowry. She was attacked on two occasions and prevented from seeing her two children. A few years later the husband filed for divorce and the woman filed a police report against her husband and his family for mental torture and dowry demands. The High Court initially allowed the case to continue and then quashed the proceedings and filed a petition against the woman claiming abuse of court. The woman appealed on the question of whether a criminal court can review its prior decisions.

The Stalker Control Law prohibits acts of stalking, against a victim or the victim’s spouse, at the victim’s residence, place of employment or school.  In addition to broadly prohibiting stalking, the statute also includes lying in wait, demanding a meeting, violent acts, silent phone calls and sending dirty or explicit items, animal carcasses or sexually insulting materials. The Chief of Police may issue a warning, and the Public Safety Commission may issue a prohibition order, upon petition by the victim.

The Act on the Prevention of Spousal Violence and the Protection of Victims etc. (the “Act”) was enacted to prevent spousal violence. The Act aims to protect victims by establishing a system for notification, counseling, protection and support for self-reliance following an incident of spousal violence.