[Dowry abuse] Many cases are being registered but no change in society's attitude towards married women: Kerala High Court

The Kerala High Court recently dismissed an anticipatory bail plea moved by the husband and in-laws of a young woman who was allegedly abused by them for dowry, while observing that the grant of anticipatory bail in such a case would send the wrong message to society. (Dr. Sijo Rajan and Ors. Vs State of Kerala represented by Public Prosecutor).In the order, Justice Shircy V also took note of the rise in cases being registered on account of dowry harassment, while lamenting that there appeared to be no change in society's attitude towards married women and their families despite stringent laws.."Harassment, abuse and torture both mental and physical towards married ladies are increasing day by day in our country to pressurize them to bring more wealth to the family of the bridegroom to improve their financial situation. Though so many cases are being registered against husbands and in laws there is no change in the attitude of the society towards married women and family members. The attack towards them are of course, for various reasons, making their matrimonial homes as most dangerous place to live and number of cases being reported in our country is alarming, though stringent laws are there. This has to be stopped for ever. But, if anticipatory bail is granted to such wrong doers definitely, that will give a 'wrong message' to the society", the Court said..The anticipatory bail pleas were filed by the husband and the in-laws of the a woman after cases were registered against them for offences punishable under Sections 294(b) (verbal obscenity in public places), 341 (wrongful restraint) , 323 (causing hurt), 324 (causing hurt by dangerous weapons/means) , 325 (grievous hurt) , 498A (cruelty to women, including dowry harassment), read with Section 34 of the Indian Penal Code..The State submitted that the woman (complainant) was given gold ornaments, a car, money, as well landed property by her parents at the time of her marriage. .However, she was thereafter subjected to physical and mental torture by her husband and in-laws who demanded more money as dowry..The State further narrated that when the woman's father and brother tried to bring her back to their house, they were also assaulted and sustained serious injuries including fractures. .As such, the State vehemently opposed the petition filed by the accused and asserted that if bail is granted, it would adversely affect the investigation which was still in its preliminary stages. .The husband and in-laws (petitioners seeking pre-arrest bail) argued that they had no criminal antecedents and were well educated. In this regard, it was also submitted that the husband was a doctor engaged in COVID duties. All accusations levelled against them were also denied by the petitioners, while pressing for anticipatory bail. .Justice Shircy noted that the complainant-wife was also a young doctor who had been allegedly manhandled by the petitioners within seven months of her marriage. The Judge further opined that the documents submitted by the prosecution were proof enough of the injuries meted out to the woman's family by the petitioners..The Court ultimately ruled that that a prima facie case was made out against the petitioners and that there was evidence that the in-laws joined in to commit the alleged offences. As such, it held that this was not a fit case for anticipatory bail..The Court proceeded to direct the petitioners to surrender before the jurisdictional Magistrate who may consider their plea for regular bail..On a related note, a Division Bench comprising of Chief Justice S Manikumar and Justice Shaji P Chaly last week sought the response of the State on the steps taken by it from the year 2004 for the effective implementation of the Dowry Prohibition Act. .The Bench has asked the State to explain the reasons for non-appointment of Regional Dowry Prohibition Officers as required by Rule 3 of Kerala Dowry Prohibition Rules, 2004. .Explain why no Regional Dowry Prohibition Officer has been appointed since 2017: Kerala High Court to State government .While passing the order on the public interest litigation, the Bench added that "we are of the view that implementation of Dowry Prohibition Act, 1961 and the rules framed thereunder is a matter, to be seriously looked into" .In the recent times, the State of Kerala has witnessed increasing debate on the prevalence of dowry related harassment, abuse and death after the death of Vismaya, a 24-year-old Ayurveda Medical student who died allegedly after prolonged dowry-related abuse. .[Vismaya Dowry Death] Husband Kiran Kumar denied bail by Kerala court.Vismaya was found hanging in her husband's house days after she had sent images of her bruised body to her relatives. The case is being investigated as a possible homicide and her husband was recently denied bail in the matter. .[Read Order]

[Dowry abuse] Many cases are being registered but no change in society's attitude towards married women: Kerala High Court

Giti Pratap

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