Scourge of dowry deaths still prevalent in Indian society: Delhi court

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A Delhi court has refused to show leniency to a man and his mother, convicted in connection with the dowry death of his pregnant wife, saying the crime claimed not just one life but also that of the unborn child.

Additional Sessions Judge Priya Mahendra was hearing arguments on sentencing against the woman's husband and mother-in-law. The judge sentenced the duo to 12 years' rigorous imprisonment for dowry death and three years in jail for subjecting the victim to cruelty. The sentences will run concurrently.

In an order dated August 10, the court said, "It is very unfortunate that the scourge of dowry-harassment deaths is still prevalent in our Indian society in the 20th century [sic] and women leaving their parents' house after marriage are not spared by their husbands and in-laws only on account of inability of their parents to meet the expectations of dowry of husbands and in-laws."

The court said it would be a "travesty of justice" to show leniency to the convicts, noting that the deceased was around two-and-a-half months pregnant when she ended her life following continuous harassment, cruelty and dowry demands.

The judge said the offence was aggravated because "not only one life but two lives have been lost" owing to the conduct of the husband and the mother-in-law of the victim.

"In the present offence, the offence is aggravated by the fact that not only one life but two lives have been lost due to the conduct of the husband and the mother-in-law of the deceased. So it would be a travesty of justice if leniency is shown in the matter," the court said.

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According to the order, Komal, 29, had married Nitesh on March 15, 2021. She conceived within a month of the marriage and was about two-and-a-half months pregnant when she ended her life at her matrimonial home on June 3, 2021.

The court observed that her hopes of being welcomed with love and affection in her matrimonial home were "shattered" by the convicts' greed for dowry. It also noted that her pregnancy did not "melt their hearts" and she was deprived of proper food despite being in the early stages of pregnancy.

The prosecution had opposed leniency, arguing that Komal was left with no option but to end her life and that of her unborn child because of persistent cruelty and dowry harassment. It had urged the court to impose strict punishment to deter husbands and in-laws from subjecting women to such treatment.

The court said the punishment must be proportionate to the crime and should serve the purpose of deterrence, while taking into account the rights of the victim and the society.

It imposed fines of ₹30,000 and ₹5,000 on Nitesh and of ₹20,000 and ₹5,000 on his mother for the two offences, respectively. The fines, upon realisation, will be released to the legal heirs of the deceased as compensation.f

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