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Hearing a dowry death matter, the Madras High Court has made some observations regarding the rising number of deaths by suicide among women due to harassment.
Justice P. Velmurugan was hearing an appeal against the order awarded to the deceased woman’s in-laws’ convicted for the offence under section 498-A (cruelty against women) of Indian Penal Code. The Bench noted that in some cases “the in-laws are escaping from their liability saying that they are not living with their son, even though they are living separately, but they are inducing their son for getting dowry, by way of, money, jewels, two-wheeler, car etc.”
Justice Velmurugan further remarked that in some instances, since the in-laws don’t reside with their son and the victim women, they try seeking suspension of sentence to absolve themselves of all responsibilities. “Taking advantage of that, a wrong message has gone to the society that the parents can easily escape from their liability and the alleged offence,, he reportedly said.
The case
The present petitioners are the parents of the first accused (husband) of the deceased victim who got married to him in 2016. As the petitioners/in-laws assaulted and harassed her for jewellery and money, she died by suicide on September 29, 2017.
A case was then registered against the husband and his parents for the offences under sections 498-A (cruelty) and 304B (causing dowry death) of the Indian Penal Code. The parents were found guilty and convicted under section 498A by the Sessions Judge.
Subsequently, they filed an appeal against the conviction order arguing that they never lived under the same roof as her deceased daughter-in-law and hence, there was no possibility of demanding dowry or causing cruelty.
But the court refused this argument and said, “From the materials available on record, there are materials against the petitioners / accused 2 and 3 also, and the learned Sessions Judge, on proper appreciation of materials available on record against the petitioners / accused 2 and 3, convicted them for the offence under Section 498-A of IPC, and acquitted them of the charge under Section 304-B of IPC.”
The court went a step ahead and highlighted the importance of parents in bringing up children as responsible citizens. “It is to be further noted that mere giving birth to a child, and providing shelter and good education, and motivating their child to get a job alone is not enough, and the first and foremost responsibility of the parents is that they should groom their children as responsible citizens,” Justice Velmurugan reportedly said.
This progressive order recognises the widespread menace of dowry harassment and death in India amid some judicial orders that refuse to acknowledge the pressure faced by women and their families. In February this year, the Bombay High Court had acquitted a person accused of offences of cruelty to wife and abetment to suicide after holding that the allegations of demand of money is a ‘vague term’.
The Apex Court has also interpreted dowry death laws strictly by recently holding that the prosecution has to “clearly establish” that the deceased was subject to harassment and cruelty for dowry soon before her demise which makes conviction all the more difficult.
The order may be read here:
Related:
Bombay HC acquits husband accused of cruelty and abetment to suicide of wife
SC on Dowry Death: No conviction if unnatural death not established