To Subject A Woman To Life Akin To Slave Merely Because Of Her Marital Status Is An Egregious Injustice: Delhi HC Upholds Conviction In Dowry Death Case
The Delhi High Court, while upholding conviction in a Dowry Death case, said that subjecting a woman to life akin to slave merely because of her marital status is an egregious injustice.
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.
An instant appeal under Section 374 read with Section 482 of Cr.PC. was filed by the appellant against the judgment of conviction passed by the Additional Sessions Judge in respect of the FIR registered for the offence punishable under Section 498A/304B/34 of IPC.
A Single Bench of Justice Swarana Kanta Sharma held, “To subject a woman to a life akin to a slave merely because of her marital status is an egregious injustice. When parents arrange their daughters' marriages, they do so with hopes and dreams, never anticipating that their cherished child will be stripped of the fundamental necessities they've been accustomed to since birth. It is both inhumane and inconceivable that a woman who willingly makes the sacrifice of leaving her childhood home where she was nurtured and raised, should find herself treated as an inferior being after she gets married. 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.”
The Bench noted that it is a solemn duty of the justice system to ensure that the dreams and hopes of individuals, are not shattered by the malevolent forces within our society.
Advocate Puruesh Buttan appeared for the appellant/accused while APP Naresh Kumar Chahar appeared for the respondent/State.
In this case, the appellant was married to the deceased in 1999 according to Sikh rites and ceremonies, and a daughter was born to the couple in 2000. The parents of the deceased alleged that she was subjected to harassment for non-fulfillment of demands of dowry and hence, she committed suicide in her matrimonial home by hanging herself to the ceiling fan in her bedroom. It was stated that the appellant was not present at home at that time and when he had come, he had found the deceased hanging to the ceiling fan. The father of the deceased lodged a complaint at Police Station alleging that the deceased was harassed since they were not able to fulfill their demand of a car, and she was being tortured and harassed on that account by the appellant and other family members.
During pendency of trial, co-accused i.e., parents of the appellant had passed away and during investigation, complainant/father of victim had handed over two letters written by the victim. Thereafter, the Trial Court acquitted appellant’s sister and brother, but convicted the appellant under Sections 498A/304B of IPC to undergo rigorous imprisonment of 10 years under Section 304B IPC and rigorous imprisonment of 3 years under Section 498A IPC, along with a fine of Rs. 10,000/- and to undergo simple imprisonment of 6 months in case of default thereof. Aggrieved by this, the appellant filed an appeal before the High Court.
The High Court in view of the above facts observed, “… 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. … This Court, in view of the aforesaid discussions, is of the opinion that victim's suicide was a tragic outcome of the profound distress she experienced in her marital home, stemming from the relentless cruelty and harassment inflicted upon her by her in-laws.”
The Court further observed that the case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life which serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
“The collective experience of victims of dowry death, as narrated through their near ones after their demise as also visible in the present case, lays bare the excruciating psychological trauma that women endure when subjected to dowry demands which mean that even after being married, they are forced and expected to keep asking their parents and families to somehow 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”, added the Court.
The Court said that the only "offence" of the deceased was that she was married to the appellant whose overpowering greed had shadowed the basic humanity, respect, and love that a human being should have towards another human being. It also said that the case reminds one of the long history of struggle against patriarchy, sexism and misogyny and 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.
“What adds to the distress is that such cases aren't simply about male dominance and gender-based hostility; they often reveal complex dynamics where women themselves participate in perpetuating this hostility towards their counterparts. These 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”, held the Court.
Furthermore, the Court noted 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 and even the phone calls to her parents were rationed.
“… 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”, remarked the Court.
The Court also said that the step taken by the deceased to take her own life in itself speaks volumes about the deafening cry in the silence of death which is a reminder that, in her absence, the courts must step in to become the voice of those who can no longer speak for themselves. It observed that the dreams, aspirations, and potential of a woman, once extinguished, can never be witnessed or fulfilled.
Accordingly, the High Court disposed of the appeal and directed the appellant to serve the unexpired portion of his sentence within 30 days.
Cause Title- Satpal Singh v. State (Neutral Citation: 2023:DHC:7869)
