SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

victim and her hurried cremation after death without informing her parents as sufficient
evidence for a conviction under Section 304B of the Indian Penal Code 424 and have also
convicted based only on the dying declarations of the victim. 425 The provisions of the Indian
Penal Code and the Evidence Act which provide a presumption in case of the suicide of a
woman within seven years of her marriage 426 have also been invoked in cases where dowry
demands and harassment have led to the woman committing suicide. In State of Punjab v.
Iqbal Singh & Others 427 the Supreme Court held that,
"Then we have a situation where the husband or his relative by his wilful conduct
creates a situation which he knows will drive the woman to commit suicide and
she actually does so, the case would squarely fall within the ambit of Section 306,
IPC. In such a case the conduct of the person would tantamount to inciting or
provoking or virtually pushing the woman into a desperate situation of no return
which would compel her to put an end to her miseries by committing suicide."
The courts have looked upon dowry deaths with severity and in the context of sentencing. In
Paniben v. State of Gujarat 428 the Supreme Court stated that,
"Sympathy is what is pleaded at our hands. We are clearly of the opinion that it
would be a travesty of justice if sympathy is shown when such a cruel act is
committed. It is rather strange that the mother-in-law who is herself a woman
should resort to killing another woman. It is hard to fathom as to why even the
'mother' in her did not make her feel. It is tragic, deep rancour should envelope
her reason and drown her finer feelings. The language, deterrence must speak is
that it may be a conscious reminder to the society. Undue sympathy would be
harmful to the cause of justice. It may even undermine the confidence in the
efficacy of law."
However, while courts are strictly implementing the provisions of the various laws relating to
dowry, investigation and police action in this area remains deficient. The courts have on
several occasions pulled up the police and investigating authorities for their lax and casual
approach to such cases. 429 Thus in Khimibehn v. State & Another, 430 the High Court of
Gujarat noted the apathy of the investigating authority with dismay and directed the State
Government to frame rules for the proper implementation of the Dowry Prohibition Act in the
state of Gujarat. The High Court while making observations and suggestions regarding police
action in dowry related deaths, noted that,
"At least 24 women die of burns in the State daily…From January 1989 to June
30, 1991, nearly 18,000 members of the second sex have lost their lives by fire.
Even police records reveal that more than 3,000 women have attempted to
commit suicide by self-immolation in different parts of the State during the past
two and a half years…The most shocking fact revealed by the statistics,
424 Smt. Shanti & anr. v. State of Haryana 1991 (1) SCC 371
425 Kumbhar Dhirajlal Mohanlal v. State of Gujarat 1996 (7) Supreme Today 443
426 Sections 306, Indian Penal Code and 113-A, Indian Evidence Act
427 1991 Cri LJ 1897
428 1992 (2) SCC 474
429 Bhagwant Singh v. Commissioner of Police, Delhi 1983 (3) SCC 344 and Ashok Kumar v. State of Rajasthan
1991 (1) SCC 166
430 VII-1992(2) Crimes 849
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