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

however, is that, of the 10,000 deaths on record with the Government, only 95
have been recorded as dowry deaths. The rest have been registered either as
cases of simple suicide or accidental death. Rampant corruption among the
police, judiciary, executive magistrates and doctors, apathy on the part of the
police investigating the cases and the lack of forensic science expertise in the
police department ensure that the anguished cries of thousands of bereaved
parents go unheeded."
In 1980, Bangladesh enacted the Dowry Prohibition Act which provides penalties for giving
or taking dowry, for demanding dowry and provides that any agreement to give or take dowry
is void. Provisions related to dowry are also contained in the Suppression of Violence Against
Women and Children Act, 2000. The Act provides penalties for causing death or hurt to a
woman for dowry and identifies not only the husband as the possible perpetrator of a dowry
related crime but also his father, mother, guardian, any relation or any other person on his
behalf.
In Dipak Kumar Roy v. State, 431 the High Court Division of the Bangladesh Supreme Court
held that the term ‘dowry’ is not restricted only to mean property or valuable security agreed
to be given at the time of or before or after the marriage but also property what is demanded
after marriage for which there was no previous agreement. Accordingly, a husband or his
relative who causes grievous hurt to a woman would be guilty of a dowry related offence
over the demand of dowry even though there was no previous agreement to pay the same.
General marriage and criminal laws: Laws related to marriage and family also address some
aspects of domestic violence. For example, the Civil and Commercial Code of Thailand
recognises, “serious harm or torture to the body or mind of the other” as a ground of
divorce. 432 Divorce laws and provisions in the other research countries recognise similar
grounds of violence for divorce. 433 Apart from general criminal laws that may be invoked in
the case of domestic violence, some countries have provisions in their criminal laws specific
to domestic violence. Thus, Section 498-A of the Indian Penal Code, 1860 punishes with
imprisonment up to three years and a fine a husband or his relative who subjects his wife to
cruelty. This includes, “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” and “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.”
5.2 Sexual violence: rape
Laws relating to sexual violence in the research countries are mostly found in their general
criminal legislations. In some cases specific laws have been enacted as in Bangladesh. Where
the operation of laws relating to sexual violence has been restrictive or violative of the rights
to life, equality, etc., courts have stepped in to expand their scope or provide procedural
safeguards for their appropriate use. Thus in India, the Supreme Court has laid down
guidelines for trials in cases of child sexual abuse.
431 50 DLR 603 (1998)
432 Section 1516(3), Civil and Commercial Code, 1925 (Thailand)
433 See for instance, Section 13, Hindu Marriage Act, 1955 (India) and Section 2(viii)(a), Dissolution of Muslim
Marriages Act, 1939 (Bangladesh).
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