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1995 Supreme(SC) 882

B.L.HANSARIA, K.RAMASWAMY
State Of H. P. – Appellant
Versus
Nikku Ram – Respondent


Advocates:
J.D.JAIN, N.K.SHARMA, P.N.Nag, REKHA PANDEY, S.C.PAUL

JUDGMENT

B.L.HANSARIA, J.

(1) DOWRY, dowry and dowry. This is the painful repetition which confronts, and at times haunts, many parents of a girl child in this holy land of ours where, in good old days the belief was : ["Yatra naryastu pujyante ramante tatra dewatah] (where woman is worshipped, there is abode of God). We have mentioned about dowry thrice, because this demand is made on three occasions: (i) before marriage; (ii) at the time of marriage; and (iii) after the marriage. Greed being limitless, the demands become insatiable in many cases, followed by torture on the girl, leading to either suicide in some cases or murder in some.

(2) THE highly injurious and deleterious effect on the girl, her parents and the society at large required legislative interference. It started with enactment of the Dowry Prohibition Act, 1961, containing some penal provisions also. But as the evil could not be taken care of by this soft statute, the Penal Code was amended first by inserting Ch. XX-A (containing the only Section 498-A) in it by the Criminal Law (Second Amendment) Act, 1983 (46 of 1983; and then, by insertion of Section 304-B by the Dowry Prohibition (






















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