The main location of incidence of dowry death was in-laws house followed by husband's house totaling 523 cases. About 23% cases had alleged history of dowry demands, harassment, torture and subsequent death. India reports the highest total number of dowry deaths with … It is for this purpose that the relevance of evidence in such cases becomes more important. Supportive measures are all that can be offered and should be implemented as required. No medical Professional is allowed to advertise in any way which invites attention to his professional position, skill, associations, affiliations, honors or such character that would ordinarily result in his self aggrandizements. 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. Webster dictionary defines “Dowry” as the money, goods, or estate that a woman brings to her husband in marriage. Interpretation of certain expressions present in various act become more important in these case. 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. Deaths of medico-legal importance may be classified for practical purposes by the way in which the tissue anoxia is initiated. When a woman enters into a union she has many salubrious expectations. 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. 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. Magistrate inquest in dowry death In dowry deaths, investigating officer plays a very important role to bring out justice as well as on other hand to save the husband or in laws if at all they are not guilty for the offence and are falsely being caught up in trap. [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. Despite the enormous impact of dowries on women's health, little information is available in public health literature. But, it becomes important to understand the role of evidence in such cases. She would like to a happy married life. 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. MUMBAI // It is supposedly illegal, but a spate of deaths linked to India’s dowry system shows the practice is not only widespread but shows little sign of abating. And, for this purpose evidence becomes very crucial. Sinha et al. 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. Different types of weapons, Dangerous weapons and their examination. “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death 1 ’, and such husband … These are the usual explanations given in post-mortem requisition documents furnished by the police, but on enquiry from relatives and neighbours many were found not to be true. Fields marked with an asterisk (*) are required. Majority of dowry deaths occurred during night followed by deaths in evening and mostly housewives were involved i.e. The article discusses the methods to be used in medicolegal investigations of burn deaths, summarizes statistics gleaned from police records of deaths by burning, especially those of 16- to 25-year-old newly married women, criticizes the blind acceptance of dying declarations by the courts, and highlights the magnitude of these problems. 1.1. While phosphine does inhibit cytochrome C oxidase in vitro, the inhibition is much less in vivo. ... Burns as a major cause of death in females was also concluded by other authors in their study. 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”. Some rights clearly do conflicts, and a hierarchy must be established at some point. Murder and Culpable homicide become important to consider because in cases pertaining to the issue of “Dowry Death”, death of a woman is caused and it is very important to relate that death with these provision so as to decide whether the deceased was murdered or not. Factors influencing, Infliction of Injuries and Healing, Different legal questions, examination and certification of wounds, Wound as a cause of death: Primary and Secondary. 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. In some cases, it is important to distinguish accidental manner from suicidal or homicidal ones. 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. In such cases, it is often essential to determine antemortem versus postmortem burning. 1.2 Conceptual framework. The most vulnerable age group was 18-32 years comprising of 87.87% of all recorded alleged dowry deaths. Throughout most of India's history, women have been targeted as unimportant, burdensome, and disposable. Aluminium and zinc phosphides are highly effective insecticides and rodenticides and are used widely to protect grain in stores and during its transportation. Metabolic acidosis, or mixed metabolic acidosis and respiratory alkalosis, and acute renal failure are frequent. All rights reserved. Antemortem and Potmortem Inuries, Medico-legal aspects of injuries. He has to investigate every dowry death case with consideration of both This is consistent with the findings of other authors. 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. In this context, the present paper examines the trend of the mortality in the form of dowry deaths and dowry-related suicides from India. Majority of cases 454 were homicidal and the ratio between homicidal and suicidal deaths was 3.95: I. 1st Ed.  Sinha US et al, ... cases followed by hanging 16(30.77%). But, it has also been seen over a period of time that the story portrayed by the parent’s of the deceased woman, and also there are various cases where a man or his family members get punishment for the crime which they have not committed. Chapter 15, p 138. You can request the full-text of this article directly from the authors on ResearchGate. In addition, phosphine and phosphides have corrosive actions. To read the full-text of this research, you can request a copy directly from the authors. 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. Presumptions as to abetment of Suicide by married women; dowry death; absence of consent in certain procecutions of rape. 57% of the victims died in initial three years of marriage, indicating possible maladjustment and strenuous relationship between husband and wife or that with in-laws. The main location of incidence of dowry death was in-laws house followed by husband's house totaling 523 cases. Such a way of ending life is peculiarly common in our country. 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. Further, the provision is applicable if the following essentials are present in the offence committed- 1. Rohilkhand Medical College & Hospital, Bareilly, UP, INDIA. 92.97%. 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. The trend in present India, with its booming economy, is now encouraging ever-higher bride prices among all socioeconomic strata. In the West, National Constitutions have sometimes been defined so that freedom of speech includes freedom of Advertisement by Corporations. "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." Forensic Importance; Kerala Registration of Birth and Death Rules, 1999 1999 It contains the approved form for Medical Certification of Cause of Death The Code of Criminal Procedure 1973 Courts and their powers, Summons. 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. Click here to hide this advertisement for 24 hours, legaljunction has not set their biography yet. Death due to thermal burns is a burning topic all over the globe. If she had sons, they would share it equally. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fr… 59% of the total deaths were accidental in, Access scientific knowledge from anywhere. 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. He had no say, however, in its ultimate disposal; and legally, the dowry had to be kept separate for it was expected to support the wife and her children. Dr VP Singh. Fire is a well-known double edged sword for human beings as it served as well as destroyed mankind. © 2008-2020 ResearchGate GmbH. 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. As many as 22 dowry deaths occur in India every day. Allahabad topped the list with 304 cases. Supreme reversed High Court’s order and acquitted the accused on the ground that evidence present by the counsel didn’t mention money. The rising trends of dowry deaths reflected that prevailing laws dealing with dowry are inadequate hence enactment of more deterrent laws for the offender should be considered. 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. MEDICO-LEGAL IMPORTANCE OF AGE 3. Testimony means only such evidence as is delivered by a witness on the trial of a cause, either orally or in the form of affidavits or depositions. During the colonial period, it became the only legal way to get married, with the British making the practice of dowry mandatory. Research Paper on: Dowry Deaths and Dowry System in India Page | 2 LEGAL SERVICES AVAILABLE TO THE VICTIMS With the increasing number of dowry death cases in India, the Government has laid some guidelines to deal with such cases and the laws have also been amended for strengthening the legal system to protect and support the victims who come under the cases of dowry deaths or cruelty. 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. Even though dowry has been illegal in India since 1961, it is still prevalent. All these are worn out by the cruel hands of dowry-related deaths. The same has to be distinguished from proof and testimony. Her dowry was inheritable only by her own … 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. It imposes a penalty in section 3 in case of exchange or demand for dowry. There is no antidote to phosphine or metal phosphide poisoning and many patients die despite intensive care.  , Sinha US et al. Dr VP Singh. Dowry death is defined in Section 304Bof the India… The most vulnerable age group was 21-25 years. 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. Dowry death. And deserve to be a dignified status in society. On the other hand, there is some National Law and now an International law, a Right to adequate health. A 'burning' topic in India is the burn deaths of young females. Indian Constitution in Article 19 protects Fundamental Right to speech and expression which includes Right to Advertisement also. It has been shown recently in nematodes that phosphine rapidly perturbs mitochondrial morphology, inhibits oxidative respiration by 70%, and causes a severe drop in mitochondrial membrane potential. 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. Trial court acquitted the accused, but trial court’s order was reversed by the Bombay High Court. 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. Evidence is such kind of proofs which can be presented in front of the court when are where needed to be presented. 2. Actual numbers are not known, but anecdotally about half of the weddings in my family and friend's circles involve dowry. Other features include disseminated intravascular coagulation, hepatic necrosis and renal failure. Hospital, Allahabad, Uttar Pradesh for autopsy during one year study period. Age & its medicolegal importance 1. 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. The most common cause of deaths was due to burn injury followed by poisoning (specially Alluminium Phosphide). MECHANISMS OF TOXICITY: Both forms of poisoning are mediated by phosphine which has been thought to be toxic because it inhibits cytochrome c oxidase. This failure of cellular respiration is likely to be due to a mechanism other than inhibition of cytochrome C oxidase. Besides, an improvement in educational cum employment potentials and overall socio-economic status of women are the prime measures to check this social scourge. Death should have occurred … Illiterate, issueless Hindu housewives of lower socio-economic class were the worst affected. Legal issues in Medical Practice. [5,8,9, ... Kulshrestha et al  had also observed in their study that 88% affected females belonged to Hindus, followed by 10.25% Muslims and 1.7% Sikhs. It may include cash, jewellery, electrical … Another layer of legal protection was provided in 2005 under the Protection of Women from Domestic Violence Act. 2016. Explain Dowry death and its about the court procedure and duty of a medical practitioner regarding court matters. Amongst 864 female victims, 467 females were married and 221 females died within seven years of their marriage. 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