SONI DEVRAJBHAI BABUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER's daughter Chhaya was married to respondent No. 2 Satish on 5-12-1984 and they started living together in their marital home at Bagasara. On 13-8-1986, Chhaya died at Bagasara. The petitioner and his wife got some vague information, about their daughter Chhaya and went to Bagasara, the same day but were unable to meet or see their daughter who had died. The petitioner suspected that their daughter's death was unnatural resulting from torture by her husband and his relatives. The petitioner filed a criminal complaint against respondents Nos. 2 to 5, who are the husband, his parents and sister which was transferred to the Court of Judicial Magistrate, First Class at Dhari and registered as Criminal Case No. 382 of 1988 for an offence under Section 498-A read with S. 34, Indian Penal Code The petitioner filed an application for committing the case to the Court of Session for trial for an offence punishable under Section 304-B, Indian Penal Code which was inserted in the Indian Penal Code by Act No. 43 of 1986 w.e.f. 19-11-1986. On 29-11-1988, the learned Magistrate dismissed the petitioner's application holding that this amendment being prospective was inapplicable to a death which occurred on 13-8-1986, prior to the amendment. Aggrieved by this order, the petitioner moved an application (Misc. Criminal Application No. 32 of 1989) in the High Court of Gujarat for a direction to commit this case of dowry death to the Court of Session since an offence punishable under S. 304-B is triable by the Court of Session. By the impugned order dated 10/01/1989, the High Court has dismissed that application. Hence this special leave petition.

(2.) LEAVE is granted.

(3.) SECTION 304-B and the cognate provisions are meant for eradication of the social evil of dowry which has been the bane of Indian society and continues unabated in spite of emancipation of women and the women's liberation movement. This all pervading malady in our society has only a few lucky exceptions in spite of equal treatment and opportunity to boys and girls for education and career. Society continues to perpetuate the difference between them for the purpose of marriage and it is this distinction which makes the dowry system thrive. Even though for eradication of this social evil, effective steps can be taken by the society itself and the social sanctions of the community can be more deterrent, yet legal sanctions in the form of its prohibition and punishment are some steps in that direction. The Dowry Prohibition Act, 1961 was enacted for this purpose. The Report of the Joint Committee of Parliament quoted the observations of Jawaharlal Nehru to indicate the role of legislation in dealing with the social evil as under:-