Can’t Let Economic Circumstances Of Parents Become ‘Death Warrants’ For Their Daughters In Matrimonial Homes: Delhi High Court On Dowry Death

The judicial system cannot stand by and allow the economic circumstances of a girl's parents to become death warrants and sentences for their daughters in their matrimonial homes, the Delhi High Court has observed while dealing with a dowry death case.

Justice Swarana Kanta Sharma observed that to subject a woman to a life akin to a slave merely because of her marital status is an egregious injustice.

Observing that the case denotes a “significant failure in the societal mindset” and that courts cannot side by people who perpetuate this failure, Justice Sharma said:

“…the distressing narrative in this case serves as a reminder that educational and women empowerment should be celebrated in its true form, not on paper alone but also in the mindsets of people. It is high time that our society acknowledged the critical importance of treating women with respect, dignity, and empathy within the institution of marriage, ensuring their emotional and psychological well-being is protected with the same vigor as their physical safety and they and their families not being treated as source of their financial enrichment only because they marry a woman.”

The court also said that the collective experience of victims of dowry death lays bare the “excruciating psychological trauma” that they endure when subjected to dowry demands.

It added that even after being married, women are forced and expected to keep asking their parents and families to give cash or other expensive articles to the husband or his family as a matter of their right, only because they are parents of a boy and the parents of a girl are duty bound to fulfill such demands of theirs.

“The present case reminds one of the long history of struggle against patriarchy, sexism and misogyny. This struggle is tragically mirrored in the context of dowry deaths, which can be more accurately described as deaths caused by the burdensome dowry system,” the court said.

Justice Sharma also said that dowry death cases continue to reinforce the notion that women are seen as financial burdens, with their marriage prospects and associated expenses taking precedence from their very birth, often overshadowing their education and career aspirations in many parts of the country and financially weaker strata of society.

“The Courts have consistently played a pivotal role in combating these social evils by effectively enforcing the law and safeguarding women against gender-based crimes, thus contributing positively to the ongoing battle against violence inflicted upon married women,” the court said.

Justice Sharma made the observations while upholding the conviction of a husband in 2009 for causing dowry death of the wife who committed suicide in her matrimonial home, after a year of marriage, by hanging herself to the ceiling fan in her bedroom.

The court also upheld the sentence of rigorous imprisonment of 10 years for the offence under Section 304B of IPC and rigorous imprisonment of 3 years for the offence under Section 498A, alongwith fine of Rs. 10,000.

However, since the appeal was filed in 2009 and the husband was on bail for more than 14 years, the court directed that he shall surrender to serve the unexpired portion of his sentence within a period of 30 days.

“Thus, in view of the aforesaid discussion, the prosecution has been successful in proving that deceased was subjected to cruelty in connection with demand of dowry and that too, soon before her death and which led to her unnatural death i.e by way of suicide within seven years of her marriage. Her death, thus, can clearly be termed as dowry death,” the court said.

It added that the case lays bare the anguish of a married woman who found herself trapped in her marital home, enduring relentless torment akin to custodial violence since she was not even permitted to call her parents on phone or visit them as per her desire.

“She should never become a target, facing the threat of violence or deprivation, merely because her parents cannot satisfy the insatiable demands of her in-laws. In this instance, this Court emphatically asserts that the judicial system cannot stand by and allow the economic circumstances of a girl's parents to become death warrants and sentences for their daughters in their matrimonial homes,” the court said.

Counsel for Appellant: Mr.Puruesh Buttan, Mr. Himanshu Buttan and Mr. Shivam Handa, Advocates

Counsel for Respondent: Mr. Naresh Kumar Chahar, APP for the State

Title: SATPAL SINGH v. STATE

Citation: 2023 LiveLaw (Del) 1048