Trial court acquitted the accused, but trial court’s order was reversed by the Bombay High Court. In addition, phosphine and hydrogen peroxide can interact to form the highly reactive hydroxyl radical and phosphine also inhibits catalase and peroxidase; both mechanisms result in hydroxyl radical associated damage such as lipid peroxidation. Dr VP Singh. It imposes a penalty in section 3 in case of exchange or demand for dowry. Baldev Singh v State of Punjab AIR 2009 SC 913. 2. 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. Sinha et al. Even though dowry has been illegal in India since 1961, it is still prevalent. nature followed by 30% suicidal deaths. 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. Sometimes, a woman dies naturally but a case is registered under the provision mentioned under Indian Penal Code for “Dowry Death”. Husbands and his relatives were primarily responsible for killing or forcing the victim to end her life. This is consistent with the findings of other authors. The most common cause of deaths was due to burn injury followed by poisoning (specially Alluminium Phosphide). Quarrel with husband/ in-laws and dowry demand by husband or his family members were two important reasons behind suicidal as well as homicidal deaths. We all must have heard many cases related to the death caused to a woman for the demand for dowry. There is conflicting evidence on the occurrence of magnesium disturbances. Since time immemorial we have seen so many offences against women, where they are tortured and one such offence is dowry death. Some rights clearly do conflicts, and a hierarchy must be established at some point. In addition, phosphine and phosphides have corrosive actions. The same has to be distinguished from proof and testimony. Throughout most of India's history, women have been targeted as unimportant, burdensome, and disposable. 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. 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. Jaypee publishers. This failure of cellular respiration is likely to be due to a mechanism other than inhibition of cytochrome C oxidase. Section 498-A of the same act relates to the cruelty on a woman by her husband or nay of his relatives. When a woman enters into a union she has many salubrious expectations. Besides, an improvement in educational cum employment potentials and overall socio-economic status of women are the prime measures to check this social scourge. 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. 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. Interpretation of certain expressions present in various act become more important in these case. 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. 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. 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. Evidence is such kind of proofs which can be presented in front of the court when are where needed to be presented. Thermal burn as a common cause is also concluded by Kulshrestha P et al [9] , Sharma BR et al. 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. MEDICO-LEGAL IMPORTANCE OF AGE 3. 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. 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. These two sections play a very important role while deciding the case pertaining to the issue of dowry death, along with Section 300 and 299 which are related to the issue of “Culpable Homicide” and “Murder”. 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. 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. 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. There is usually only a short interval between ingestion of phosphides and the appearance of systemic toxicity. The objects are curbing and combating the causes of Dowry’s deaths and to deal with the same with a firm hand. According to Black’s Law Dictionary, term “evidence” can be defined as any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for the purpose of including belief in the minds of the court or jury as to their contention. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. A total of 109 cases of death due to fatal burns were brought for autopsy at a tertiary care centre in Mumbai, India during the period January 2014 to July 2015, were studied. But the rising bride price has brought with it an increase in violence against women. To cover a identity of a person for medico legal purpose on the basis of race, religion ,age ,sex, dactylography, odontology , DNA profiling. But, it becomes important to understand the role of evidence in such cases. During the colonial period, it became the only legal way to get married, with the British making the practice of dowry mandatory. Other features include disseminated intravascular coagulation, hepatic necrosis and renal failure. In some cases, it is important to distinguish accidental manner from suicidal or homicidal ones. Dowry deaths are a manifestation of socio-economic maladies prevailing in the society.’ It is necessary that this is addressed at different levels, instead of legal redressal level alone, to curb the menace of dowry deaths.” Cruelty and Dowry Death intertwined: section 304 is attracted when all the 5 … it includes any notice, circular, label, wrapper, or any other document including Advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall painting, signal, light, sound, smoke or gas. But, the purpose for which it was created lost its significance over a period of time and now it has become a tradition followed in many parts of the country. Actual numbers are not known, but anecdotally about half of the weddings in my family and friend's circles involve dowry. 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”. Deaths of medico-legal importance may be classified for practical purposes by the way in which the tissue anoxia is initiated. A prospective cross-sectional study was carried out comprising 221 medico-legal cases of unnatural death of females within seven years of their marriage brought to the mortuary at S.R.N. Majority of cases 454 were homicidal and the ratio between homicidal and suicidal deaths was 3.95: I. A 'burning' topic in India is the burn deaths of young females. • Legal responses The first day of the finale saw over 200 participants engaging in 6 co-ordinated and well researched round table discussions on various topics like the impact of growing economic and cultural fundamentalism and globalization on dowry, marriage and abuse of women; media reconstruction of violence and autonomy; government policies, legislation and alternative forms of … The associations between various social and economic forces have given shape to the phenomenon of dowry demands in India leading to dowry deaths of young girls. The wife was entitled to her dowry at her husband's death. [10] , Sinha US et al. You can request the full-text of this article directly from the authors on ResearchGate. He has to investigate every dowry death case with consideration of both INTRA-UTERINE LIFEINTRA-UTERINE LIFE:-:- 4-8 WEEKS-----ORGANOGENESIS4-8 WEEKS-----ORGANOGENESIS 26 WEEKS-----VIABILITY26 WEEKS-----VIABILITY 40 WEEKS-----FULL TERM BIRTH40 WEEKS-----FULL TERM BIRTH These periods are of importance because inThese periods are of importance … A total of 117 cases were studied. 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. 2016. 15.84% cases were labelled as Alleged Dowry Deaths. The main location of incidence of dowry death was in-laws house followed by husband's house totaling 523 cases. Aluminium and zinc phosphides are highly effective insecticides and rodenticides and are used widely to protect grain in stores and during its transportation. Allahabad topped the list with 304 cases. In the West, National Constitutions have sometimes been defined so that freedom of speech includes freedom of Advertisement by Corporations. Hospital, Allahabad, Uttar Pradesh for autopsy during one year study period. If she had sons, they would share it equally. The tradition of dowry was originated in ancient India, and it was generally provided to enable a woman to support her in crisis, and also to support her husband and children if needed. ... [6] Age wise incidences of female deaths were maximum (35%) in their 3 rd decade of life in our study as compared to both extremes of life, which is consistent with other authors. About 23% cases had alleged history of dowry demands, harassment, torture and subsequent death. The important contributing factors responsible for a rising trend in dowry death cases include level of education in women, joint family, unemployment of husband, dependence of women on husband and in-laws, infidelity etc. And, for this purpose evidence becomes very crucial. Mostly young, Hindu married, non graduate of low and lower-middle class families were involved. ... Burns as a major cause of death in females was also concluded by other authors in their study. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fr… Supreme reversed High Court’s order and acquitted the accused on the ground that evidence present by the counsel didn’t mention money. MECHANISMS OF TOXICITY: Both forms of poisoning are mediated by phosphine which has been thought to be toxic because it inhibits cytochrome c oxidase. As many as 22 dowry deaths occur in India every day. India reports the highest total number of dowry deaths with … PDF | Fire was perhaps man's first double-edged sword, for throughout history, it has served as well destroyed mankind. There is no antidote to phosphine or metal phosphide poisoning and many patients die despite intensive care. PERSONAL IDENTITY 2. The forensic medicine expert should visit the death scene before the autopsy if it is possible. Medical evidence in dowry death Medical evidence plays a crucial role in assisting the courts to establish the cause of deaths, especially in cases when the crime is committed secretly within the four walls of the house and is presented as a case of accidental death. Presumptions as to abetment of Suicide by married women; dowry death; absence of consent in certain procecutions of rape. As per point 6.1, Chapter 6 of the Indian Medical Council (Professional Conducts, Ethics & Etiquette) Regulations 2002, advertisement has been defined under Unethical Acts. The most vulnerable age group was 18-32 years comprising of 87.87% of all recorded alleged dowry deaths. A Dowry (Dahej) is the transfer or a gift of parental property which is made during the lifetime of the grantor (parents) to a daughter at her marriage rather than the inheritance of the property which shall take place on the event of owner’s (parents) death. 1st Ed. Despite the enormous impact of dowries on women's health, little information is available in public health literature. Another layer of legal protection was provided in 2005 under the Protection of Women from Domestic Violence Act. 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. In this context, the present paper examines the trend of the mortality in the form of dowry deaths and dowry-related suicides from India. While phosphine does inhibit cytochrome C oxidase in vitro, the inhibition is much less in vivo. "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." Rohilkhand Medical College & Hospital, Bareilly, UP, INDIA. impact of this training have permeated the not -well -to-do individuals of the general public a:s well, even the individuals who encounter International Journal of Pure and Applied Mathematics Special Issue 1684. I’m dating you doesn’t mean you can date rape me. A Classification of Deaths of Medico-legal Importance (A) Deaths froin Anoxic Anoxia: 1. 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. We … In such cases, it is often essential to determine antemortem versus postmortem burning. The trend in present India, with its booming economy, is now encouraging ever-higher bride prices among all socioeconomic strata. The most common cause of death was burns followed by poisoning. 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. Expert Opinion. 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. Click here to hide this advertisement for 24 hours, legaljunction has not set their biography yet. 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. Death should have occurred … 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. In this paper all such variables are discussed. Section 304B is a provision which is peculiar in its scope and applicability. Majority of dowry death cases were drawn from joint family i.e. It was opined by the court that “soon before death” is not interval between cruelty and harassment and death of the woman, but it denotes the existence of a proximate and live-link between the effects of cruelty based on dowry demand and the death concerned. Fake Encounters and Honour Killings: Rarest of Rare Crimes, Disputed term “Group” in Communal Violence Bill, 2011, The Law of Franchise and Distributor Agreements, Classification of Tax Structure in accordance with the Indian Constitution. Explain Dowry death and its about the court procedure and duty of a medical practitioner regarding court matters. It is for this purpose that the relevance of evidence in such cases becomes more important. [5,8,9, ... Kulshrestha et al [8] had also observed in their study that 88% affected females belonged to Hindus, followed by 10.25% Muslims and 1.7% Sikhs. 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. [5][6][7][8][9][10][11][12][13] Sinha US et al, ... cases followed by hanging 16(30.77%). Medicolegal outlook in PC- PNDT. Different types of weapons, Dangerous weapons and their examination. 472 cases compared to nuclear family and incidence was more in arranged marriage. This tragedy begins shortly after conception and continues until their death. By the same amendment, sec 113 B had been added to the Indian Evidence Act, 1872. Dowry death is defined in Section 304Bof the India… [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. 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. If she died childless, her dowry reverted to her family, that is her father if he was alive, otherwise her brothers. © 2008-2020 ResearchGate GmbH. Such a way of ending life is peculiarly common in our country. The importance of Medical Evidence at present is an increasing tendency. Antemortem and Potmortem Inuries, Medico-legal aspects of injuries. Illiterate, issueless Hindu housewives of lower socio-economic class were the worst affected. All these are worn out by the cruel hands of dowry-related deaths. Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of “Dowry Death”. 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. Metabolic acidosis, or mixed metabolic acidosis and respiratory alkalosis, and acute renal failure are frequent. Majority of dowry deaths occurred during night followed by deaths in evening and mostly housewives were involved i.e. Its scope and applicability for dowry important in these case expressions present the... Group was 18-32 years comprising of 87.87 % of the same has to be presented freedom of by... 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