January 18, 2014

3 Suggestions to reduce abuse of suicide-within-7-Years-Marriage laws

If suicide takes place within 7 years, law presumes that it is dowery death. But this presumption is not a presumption of guilt, it is only a Rule of Evidence.

You will never find any judgement of any High Court or Supreme Court saying that in every case of suicide police has to register case of Dowry Death.

What Police Normally Do

They take statement of some relative of Deceased wife who may say that husband and all his family members used to demand dowery.

3 Suggestions about what husband side can do

1) They should give at earliest, a list of evidence (Photographs, Video, Audio Recordings on Mobiles, Names of witnesses etc) to show that there were no demands of dowery immediately in preceding Two Months of Suicide. They should request police to investigate these suggested evidence also.

2) If police refuses to investigate these evidence,

3) Then move an application to trial requesting that this investigation be taken away from present police officers and it may be directed that investigation be made by some higher police officers

If police is not investigating and collecting evidence properly, Magistrate will direct better investigation.

If you are not happy with order of Magistrate, then you can go to High Court against order of a Magistrate,

If you are not happy with order of High Court, move Supreme Court against that order. 

Truth must prevail.

Haresh Raichura
1110