Caste-Based Violence And Dowry Practices
โ I. Introduction
India, despite constitutional and legal safeguards, still witnesses caste-based violence and dowry-related offences, especially against Dalits, Adivasis, and women. These practices are deeply rooted in social discrimination, patriarchy, and feudal customs.
Both are considered heinous violations of human rights, and are criminalised under various Indian laws.
๐งพ II. Legal Framework
๐น Caste-Based Violence
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act)
Protects SC/ST persons from caste-based abuse, humiliation, assault, dispossession, and social boycott.
Provides for special courts and stringent punishments.
Indian Penal Code (IPC)
Sections like 153A, 295A, 298: punish hate speech or violence based on caste/religion.
Section 302: murder
Section 323/325: hurt or grievous hurt
Section 354: assault on women
Section 509: outraging modesty of a woman
๐น Dowry Practices
Dowry Prohibition Act, 1961
Makes giving, taking, or demanding dowry a criminal offence.
Section 498A IPC
Punishes cruelty by husband or his relatives due to dowry demands (non-bailable, cognizable offence).
Section 304B IPC
Deals with dowry death (death of a woman within 7 years of marriage due to dowry-related cruelty).
Section 113A & 113B of Indian Evidence Act
Provides for presumption of guilt in dowry deaths and cruelty.
โ๏ธ III. Detailed Case Law (Caste-Based Violence)
1. State of Karnataka v. Appa Balu Ingale, AIR 1993 SC 1126
Facts:
Dalits were denied access to water and faced threats from dominant castes.
Judgment:
Supreme Court held that untouchability and caste discrimination violate Article 17 of the Constitution. The denial of water was an offence under the PoA Act and a violation of basic human rights.
Key Principle:
Caste discrimination is unconstitutional and actionable both civilly and criminally.
2. Khuman Singh v. State of Madhya Pradesh, (2019) 10 SCC 301
Facts:
A Dalit man was assaulted and killed by dominant caste individuals.
Judgment:
The court upheld conviction under Sections 302 IPC and the SC/ST Act, stating that the offence was clearly motivated by caste hatred.
Key Principle:
Motive derived from caste bias can be inferred from context and social background.
3. Lalit Kumar Sharma v. Superintendent & Remembrancer of Legal Affairs, AIR 1989 SC 2134
Facts:
Police officials failed to register FIR when a Dalit woman was raped.
Judgment:
The Court held that such inaction itself amounted to caste-based atrocity, and directed criminal action against the police for failing their duty.
Key Principle:
State inaction in caste crimes amounts to indirect caste violence.
4. Vilas Pandurang Pawar v. State of Maharashtra, (2012) 8 SCC 795
Facts:
Two SC boys were brutally assaulted and humiliated by upper caste members for being in a relationship with girls of other castes.
Judgment:
Court confirmed punishment under the SC/ST Act and IPC, emphasizing that caste-based humiliation is not a private issue, but a public crime.
Key Principle:
Even verbal abuse or humiliation based on caste is punishable.
5. Subhash Kashinath Mahajan v. State of Maharashtra, (2018) 6 SCC 454
Facts:
Concerned misuse of SC/ST Act provisions.
Judgment:
Initially, the Court issued guidelines for preliminary inquiry before arrest. However, this was later overturned by Parliament through amendment, restoring immediate arrest powers.
Key Principle:
Court recognized the need to balance anti-atrocity laws with safeguards, but Parliament reaffirmed strong protection for SC/ST victims.
โ๏ธ IV. Detailed Case Law (Dowry Practices)
1. Satbir Singh v. State of Haryana, (2021) 6 SCC 1
Facts:
Woman died under suspicious circumstances within 7 years of marriage; there was a history of dowry harassment.
Judgment:
The Court invoked Section 304B IPC and held that once it is shown that the woman faced cruelty before death, presumption of dowry death arises.
Key Principle:
Burden shifts to accused in dowry death cases to prove innocence.
2. Kans Raj v. State of Punjab, (2000) 5 SCC 207
Facts:
Death of a newly married woman within 7 months of marriage.
Judgment:
Court observed that demand for dowry, even indirectly, coupled with harassment, is sufficient to prove offence under 498A and 304B IPC.
Key Principle:
Continuous harassment, not just one instance, is enough for conviction.
3. Vidhya Devi v. State of Haryana, (2004) 9 SCC 476
Facts:
Woman was constantly harassed by her in-laws for dowry, leading to suicide.
Judgment:
Court upheld conviction under Section 498A and 306 IPC (abetment of suicide), stressing that emotional torture is cruelty.
Key Principle:
Cruelty can be mental or physical, both punishable under dowry laws.
4. State of Punjab v. Iqbal Singh, AIR 1991 SC 1532
Facts:
Accused gave misleading evidence and suppressed dowry demands during trial.
Judgment:
Supreme Court reversed acquittal, noting that circumstantial evidence like letters and witness testimony can prove dowry demands.
Key Principle:
Even if no direct evidence, circumstantial proof is valid in dowry cases.
5. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
Facts:
Husband was arrested immediately under Section 498A without proper inquiry.
Judgment:
Supreme Court ruled that arrests under 498A should not be automatic. Directed police to follow Section 41 CrPC guidelines.
Key Principle:
Misuse of anti-dowry laws must be curbed without diluting the protection for genuine victims.
๐ V. Key Constitutional Provisions
| Article | Provision | Relevance |
|---|---|---|
| Article 15(1) | Prohibits discrimination based on caste, sex | Basis for anti-caste laws |
| Article 17 | Abolition of untouchability | Supports SC/ST PoA Act |
| Article 21 | Right to life with dignity | Encompasses freedom from dowry harassment |
| Article 39A | Free legal aid | Vital for victims of caste and dowry violence |
๐ VI. Challenges in Implementation
Underreporting due to social stigma and fear.
Delayed justice due to slow trial process.
Influence of dominant castes in rural areas.
Misuse of laws in rare instances affects genuine victims.
Lack of awareness and sensitivity among police and judiciary.
โ VII. Conclusion
Caste-based violence and dowry practices continue to undermine India's constitutional values of equality and dignity. Though laws like the SC/ST (Prevention of Atrocities) Act and Dowry Prohibition Act exist, effective implementation and sensitive handling by authorities is key.
Courts have taken a strong stand against these offences but have also emphasized balanced application of law to avoid misuse.
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