Majority of dowry deaths occurred during night followed by deaths in evening and mostly housewives were involved i.e. A 'burning' topic in India is the burn deaths of young females. About 23% cases had alleged history of dowry demands, harassment, torture and subsequent death. PDF | Fire was perhaps man's first double-edged sword, for throughout history, it has served as well destroyed mankind. It’s very disgraceful for a society where a woman dies for not being able to give dowry and also very shameful where dowry is still being practised. 15.84% cases were labelled as Alleged Dowry Deaths. The associations between various social and economic forces have given shape to the phenomenon of dowry demands in India leading to dowry deaths of young girls. With the weight and importance that investigations have on legal implications and convictions, there is rightful concern surrounding the quality of these medicolegal investigators and the accuracy of their rulings for cause of death, etc. On the other hand, there is some National Law and now an International law, a Right to adequate health. In the West, National Constitutions have sometimes been defined so that freedom of speech includes freedom of Advertisement by Corporations. In cases relating to the issue of dowry death, there can be various forms of evidences for e.g., Letter by woman to her parents explaining her plight or communicating with them by any other means, torture by the family members of the husband for dowry etc. The objects are curbing and combating the causes of Dowry’s deaths and to deal with the same with a firm hand. The Indian Evidence Act 1872 1. Legal issues in Medical Practice. Homicidal by burning of women who are married is a major concern in India for the medical and legal authorities associated with disputes of dowry all over the country. But, the purpose for which it was created lost its significance over a period of time and now it has become a tradition followed in many parts of the country. Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of “Dowry Death”. Section 2 of The Dowry Prohibition Act, 1961 defines “Dowry” as any property or valuable security given or agreed to be given either directly or indirectly between the concerned parties before or after the marriage as a consideration for the same. Some rights clearly do conflicts, and a hierarchy must be established at some point. © 2008-2020 ResearchGate GmbH. Interpretation of certain expressions present in various act become more important in these case. Evidence is such kind of proofs which can be presented in front of the court when are where needed to be presented. Section 304B is a provision which is peculiar in its scope and applicability. Hospital, Allahabad, Uttar Pradesh for autopsy during one year study period. Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be. A large number of cases are witnessed by various courts throughout the country daily, and many of them have “Dowry death” as its subject matter. Amongst 864 female victims, 467 females were married and 221 females died within seven years of their marriage. [5][6][7][8][9][10][11][12][13] Sinha US et al, ... cases followed by hanging 16(30.77%). She would like to a happy married life. Allahabad topped the list with 304 cases. The wife was entitled to her dowry at her husband's death. INTRA-UTERINE LIFEINTRA-UTERINE LIFE:-:- 4-8 WEEKS-----ORGANOGENESIS4-8 WEEKS-----ORGANOGENESIS 26 WEEKS-----VIABILITY26 WEEKS-----VIABILITY 40 WEEKS-----FULL TERM BIRTH40 WEEKS-----FULL TERM BIRTH These periods are of importance because inThese periods are of importance … Death should have occurred … Fire is a well-known double edged sword for human beings as it served as well as destroyed mankind. All these are worn out by the cruel hands of dowry-related deaths. A prospective cross-sectional study was carried out comprising 221 medico-legal cases of unnatural death of females within seven years of their marriage brought to the mortuary at S.R.N. Acute poisoning with these compounds may be direct due to ingestion of the salts or indirect from accidental inhalation of phosphine generated during their approved use. [5,8,9, ... Kulshrestha et al [8] had also observed in their study that 88% affected females belonged to Hindus, followed by 10.25% Muslims and 1.7% Sikhs. Dr VP Singh. Supreme reversed High Court’s order and acquitted the accused on the ground that evidence present by the counsel didn’t mention money. In Vijay v State of Maharashtra AIR 2009 SC 1217, it was alleged by the counsel of the state that a ring and money was demanded by the deceased, and that she informed this to her parents through a letter but there was no mention of money in the letter. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. Many young newly married females die from burn injuries, the most common reasons given in post-mortem reports therefore being that she caught a light (a) while cooking; (b) after an oil explosion in a stove; or (c) when a chimney fell on her at night. There is usually only a short interval between ingestion of phosphides and the appearance of systemic toxicity. Medical evidence in dowry death Medical evidence plays a crucial role in assisting the courts to establish the cause of deaths, especially in cases when the crime is committed secretly within the four walls of the house and is presented as a case of accidental death. Death because of dowry is a very serious crime, but court are also careful while examining such cases because the punishment prescribed for dowry death is very severe and it would be highly unjustifiable to punish the person who is not involved in such crime. And, also it is a principle under criminal law that an accused should be convicted only if the offence could be proven beyond reasonable doubt. Moreover, it was held by the court that the expression “soon before her death” present in Section 304-B of Indian Penal Code, 1860 is present with the ides of proximity test. This tragedy begins shortly after conception and continues until their death. A Study of Epidemiological Profile of Dowry Death Victims in Aligarh, The Study of Un-Natural Female Deaths in Vadodara City, Editorial: Unethical advertisements and role of IMA, Correlation of CT Scan with Postmortem findings of Acute Head Trauma cases at SMS Hospital, Jaipur, Study of Unnatural Deaths in Married Females Within Seven Years of Marriage in Allahabad, Thermal injuries - A study of mortality patterns. In addition, phosphine and phosphides have corrosive actions. Majority of cases 454 were homicidal and the ratio between homicidal and suicidal deaths was 3.95: I. In some cases, it is important to distinguish accidental manner from suicidal or homicidal ones. MECHANISMS OF TOXICITY: Both forms of poisoning are mediated by phosphine which has been thought to be toxic because it inhibits cytochrome c oxidase. Factors influencing, Infliction of Injuries and Healing, Different legal questions, examination and certification of wounds, Wound as a cause of death: Primary and Secondary. This epidemiological study conducted in Allahabad range for a period of 4 years (1995 - 1998) analyzed involvement of various parameters and their relevance to medico-legal aspect of dowry death cases. its medico legal importance. Sometimes, a woman dies naturally but a case is registered under the provision mentioned under Indian Penal Code for “Dowry Death”. We all must have heard many cases related to the death caused to a woman for the demand for dowry. According to Black’s Law Dictionary, term dowry can be defined as the property which a woman brings to her husband in marriage, or the effects which the wife brings to the husband to support the expenses of marriage. Offences committed under Section 304-B and 498-A are non-bailable offence which makes difficult for the accused person to get bail, and courts remain careful while granting bail in cases relating to dowry death. A medico legal expert should never forget: If the death scene investigation is not performed before the autopsy, that autopsy will be an imperfect autopsy. In such cases, it is often essential to determine antemortem versus postmortem burning. According to Black’s Law Dictionary, term “evidence” can be defined as any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for the purpose of including belief in the minds of the court or jury as to their contention. We … Trial court acquitted the accused, but trial court’s order was reversed by the Bombay High Court. The death of a woman should have been caused by burns or bodily injury or it should occur that the death is not caused under normal circumstances 2. One such point was decided by the Supreme Court in Baldev Singh v State of Punjab AIR 2009 SC 913, where the meaning of the term “agreement” as mentioned in Section 2 of the Dowry Prohibition Act, 1961 was interpreted by the court. Despite the enormous impact of dowries on women's health, little information is available in public health literature. 59% of the total deaths were accidental in, Access scientific knowledge from anywhere. Expert Opinion. Presumptions as to abetment of Suicide by married women; dowry death; absence of consent in certain procecutions of rape. Jaypee publishers. ... [6] Age wise incidences of female deaths were maximum (35%) in their 3 rd decade of life in our study as compared to both extremes of life, which is consistent with other authors. These two sections play a very important role while deciding the case pertaining to the issue of dowry death, along with Section 300 and 299 which are related to the issue of “Culpable Homicide” and “Murder”. Dowry is paid in the form of cash and goods such as jewellery, household appliances and cars to the bridegroom or his parents by the bride’s family. In addition, phosphine and hydrogen peroxide can interact to form the highly reactive hydroxyl radical and phosphine also inhibits catalase and peroxidase; both mechanisms result in hydroxyl radical associated damage such as lipid peroxidation. Rohilkhand Medical College & Hospital, Bareilly, UP, INDIA. The Indian Penal Code was also modified in 1983 to establish specific crimes of dowry-related cruelty, dowry death, and abetment of suicide. 2016. It is for this purpose that the relevance of evidence in such cases becomes more important. A total of 569 alleged dowry death cases were recorded during the study period in Allahabad range, which included districts of Allahabad, Fatehpur and Pratapgalrh. Comprehensive study was done revealing the need of various socio-cultural and legal measures to be taken to handle the grave results of this study. As many as 22 dowry deaths occur in India every day. Thermal burn as a common cause is also concluded by Kulshrestha P et al [9] , Sharma BR et al. The most common cause of death was burns followed by poisoning. Age & its medicolegal importance 1. The most vulnerable age group was 21-25 years. When a woman enters into a union she has many salubrious expectations. The association of various demographic and socio-economic factors with these events are also examined. By the same amendment, sec 113 B had been added to the Indian Evidence Act, 1872. A total of 109 cases of death due to fatal burns were brought for autopsy at a tertiary care centre in Mumbai, India during the period January 2014 to July 2015, were studied. The major lethal consequence of phosphide ingestion, profound circulatory collapse, is secondary to factors including direct effects on cardiac myocytes, fluid loss, and adrenal gland damage. Schedule 1 of the Code of Criminal Procedure, 1973 provides a list of non-bailable offences and there are approximately 222 offences which come under the category of “non-bailable offence”. Even though dowry has been illegal in India since 1961, it is still prevalent. • Legal responses The first day of the finale saw over 200 participants engaging in 6 co-ordinated and well researched round table discussions on various topics like the impact of growing economic and cultural fundamentalism and globalization on dowry, marriage and abuse of women; media reconstruction of violence and autonomy; government policies, legislation and alternative forms of … And deserve to be a dignified status in society. This legislation marked the inception of an evolution leading to development of a legal infrastructure which effectively monitored the exchange and facilitation of exchange of dowry. 472 cases compared to nuclear family and incidence was more in arranged marriage. Dowry deaths are a manifestation of socio-economic maladies prevailing in the society.’ It is necessary that this is addressed at different levels, instead of legal redressal level alone, to curb the menace of dowry deaths.” Cruelty and Dowry Death intertwined: section 304 is attracted when all the 5 … Click here to hide this advertisement for 24 hours, legaljunction has not set their biography yet. In this paper all such variables are discussed. He has to investigate every dowry death case with consideration of both Throughout most of India's history, women have been targeted as unimportant, burdensome, and disposable. But, it becomes important to understand the role of evidence in such cases. Medicolegal outlook in PC- PNDT. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fr… [1,4,5,7,8,9, This study was carried out between July 1998 and November 2000 to study the dynamics of dowry deaths in South Delhi. Advertisement is a public notice offering or asking for goods, services etc. This failure of cellular respiration is likely to be due to a mechanism other than inhibition of cytochrome C oxidase. 1.1. Section 498-A of the same act relates to the cruelty on a woman by her husband or nay of his relatives. You can request the full-text of this article directly from the authors on ResearchGate. "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 of life." Death due to thermal burns is a burning topic all over the globe. During the colonial period, it became the only legal way to get married, with the British making the practice of dowry mandatory. Metabolic acidosis, or mixed metabolic acidosis and respiratory alkalosis, and acute renal failure are frequent. nature followed by 30% suicidal deaths. It imposes a penalty in section 3 in case of exchange or demand for dowry. Jaypee publishers. In this context, the present paper examines the trend of the mortality in the form of dowry deaths and dowry-related suicides from India. While phosphine does inhibit cytochrome C oxidase in vitro, the inhibition is much less in vivo. The most vulnerable age group was 18-32 years comprising of 87.87% of all recorded alleged dowry deaths. Phosphine-induced impairment of myocardial contractility and fluid loss leads to circulatory failure, and critically, pulmonary edema supervenes, though whether this is a cardiogenic or non-cardiogenic is not always clear. it includes any notice, circular, label, wrapper, or any other document including Advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall painting, signal, light, sound, smoke or gas. Chapter 15, p 138. Sinha et al. 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