Dr. Virendra Kumar MBBS, MD (India) Professor and Head Department of Forensic Medicine Aarupadai Veedu Medical College P

1. Dr. Virendra Kumar MBBS, MD (India) Professor and Head Department of Forensic Medicine Aarupadai Veedu Medical College Pondicherry, INDIA

2. Dowry Deaths (Bride Burning) In India

3. Introduction Various Reasons of Unnatural (homicidal and Suicidal) Death of Women Dowry – What is Dowry related Crimes Dowry Death Abetment of Suicide Cruelty by Husband or Relatives of Husband Methods for Homicide and Suicide in Women Bride Burning – What, Why Sati System Incidences Material and Methods Advantage & Disadvantages of Methodology Challenges in Data Collection Other sources of Data Collection Recommendations Effective Surveillance System Haddon’s Matrix Other General Measures Inference of Study Summary Photographs Annexure – I (Performa of Research)

4. Introduction

5. Various Reasons of Unnatural (Suicidal and Homicidal) Deaths of Women : • Dowry • Marital Infidelity • Sexual Jealousy • Impotency • Oedipal Dominance of mother in law over the bridegroom • Contd/-

6. Husband may be Intoxicated, Epileptic, Insane Deluded or Depressed • Wife may be Intoxicated, Epileptic, Insane or • suffering from any Chronic Incurable diseases • Poverty • Loneliness • Quarrel with mother in law or husband • Failure in the exams • Frustration in Love • Unemployment etc

7. DOWRY Dowry means the money, goods or estate that a woman brings to her husband in marriage Dowry is a continuing demand. It is not one isolated payment made initially at the time of marriage alone, but a series of gifts before and after marriage till the in-laws and the husband are appeased. This custom of dowry has been in vogue since very ancient times Contd/-

8. As per the Dowry Prohibition Act 1961, Dowry is • Any property or valuable security given or agreed to be given either directly or indirectly— • By one party to a marriage to the other party to the • marriage; or • 2. By parents of either party to a marriage or by any • other person to either party to the marriage or to any • other person, at or before or after the marriage • Contd/-

9. Dowry Related Crimes Dowry Death Indian law states that any suspicious death of a married woman within seven years of her marriage is considered to be a case of dowry death unless proved otherwise by the defendants It is a cognizable and non-bailable offence. Contd/-

10. Dowry Deaths has been defined in under Sec. 304 B of IPC as • When the death of a woman is caused by anyburns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassments by her husband or by any relative of her husband for, or in connection with the any demand for dowry, such deaths shall be called 'dowry death’ and such husband or relative shall be deemed to have caused her death.

11. 2. Whoever commits dowry deaths shall be punished by imprisonment for no less than seven years, but which may extend to life imprisonment.

12. Abetment of Suicide (l) (Sec. 306) -In Indian Penal Code has been dealt as : 'If any person commits suicide, whoever abets the commission of such suicide, shall be punished with impri­sonment of either description for a term which may extend to ten years, and shall also be liable to fine’. Contd/-

13. (2) Sec. 113 A of Indian Evidence Act deals with the pre­sumption as to abetment of suicide by a married woman as: "When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had Committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.”

14. Cruelty by Husband or Relatives of Husband: (Sec. 498 A IPC) "Whoever being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 

15. Cruelty means a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (Whether mental or physical) of the woman; or b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valu­able security or is on account of failure by her or any person related to her to meet such demand.

16. Methods used for Homicide or Suicide in Women Burning --- bride burning Poisoning Hanging Strangulation Head Injuries Miscellaneous

17. Bride Burning No specific definition of bride burning May be suicidal or homicidal

18. Why Bride Burning?

19. Sati System The belief that a sati had great supernatural powers, motivated others to ensure that she burnt herself for their benefit. It was thought that a woman on her way to the pyre was capable of bestowing eternal bliss on anyone she cared to look upon; that she could descend to hell and force the powers of the pit to yield her ancestors, relatives and friends and bring them to salvation. Contd/-

20. Various reasons for sati has been suggested- • The belief prevailed that a man's possessions could be sent with him for use in the next world, if they were burned or buried with him; his wife was his chief possession and his source of pleasure and had to be dispatched to serve him in his next life • Another reason could be the male jealousy at the thought of leaving his beautiful wife behind him Contd/-

21. The Greeks surmised that the real reason for • Sati was to prevent a wife from poisoning her • husband: the fact that she would have to die • with him would inhibit any such intentions. • That the widow might misbehave and bring • disgrace to the family was yet another theory • to support sati. • Contd/-

22. Relatives did not wish to be burdened with • the responsibility of supporting a widow; • they coveted her wealth and wanted her • out of the way; the son was relieved of the • necessity of maintaining his mother; the • male relatives took possession of the • estate that the widow would otherwise • have held for life • Contd/-

23. THE COMMISSION OF SATI (PREVENTION) ACT, 1987 “Sati" means the burning or burying alive of – (a) Any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative;

24. INCIDENCES • Difficult to determine accurate numbers • By extrapolatingourdata(1989) suggests 600–750 • homicidal deaths per year. • NCRB of India has reported 7618dowry death cases • in 2006 • Rugene and Basu (2002) reported about 15,000 • homicidal death in women over dowry in India every • year. • Sharma BR et al in 2002 reports that an estimated • 25,000 brides are killed or maimed worldwide every • year over dowry disputes

26. Material and Methods

27. Material 152 fatal cases of Burnt married female during the period from 13-6-1987 to 3-2-1989 taken randomly from a total of 27O married female burn deaths autopsied during this period. This total of 152 casesautopsied were studied to find out the history of the cases, their epidemiological features, the nature of burn injuries and their medico legal aspects. This work was confined to the cases of flame burns only

28. Methods I Data Collection II Epidemiological Features III Nature of Injury IV Medico legal Aspects V Exclusion and Inclusion Methods

29. I. Data Collection A Interviewing a) The husbands and in laws b) The parents c) The neighbours and friends accompanying the dead body d) Police constables accompanying the cases. B The police inquest reports and other Police papers sent with the dead bodies C First information reports. D Autopsy examination proper. These methods were used to collect the different data pertaining to the cases.

30. Epidemiological Features • A The Host or the burn victims, such as • a) Age • b) Educational background • c) Occupational status • d) Socio-economic status • e) Religion • f) Personal history – • whether -Intoxicated • -Epileptic • -Insane • -deluded -depressed etc.

31. g) Marriage history such as i. Type of marriage – love or arranged marriage ii. Date month and year of marriage iii. Age at marriage iv. Date of starting of conjugal life h) Family history -- i. Whether joint or nuclear family ii. Number of children iii. Number of persons in the family

32. B The Agent or the source of fire a) Match stick b) Wood cooking stove c) Kerosene lamp or stoves d) Gas cooking stoves e) Coal cooking stoves etc.

33. C The Circumstantial Data (Environment) a) Place of occurrence – Closed space ---kitchen, living room, kitchen cum living room, store room Open space -----Verandah, roof, portico, field etc b) Season, month and time of the incidents c) Rescue measures - Whether attempted or not, If yes, then by whom d) Place of death - i. On the spot ii. in the way to hospital iii. in the hospital iv. After discharge from hospital – at house or any other place

34. III. Nature of Injury A Burn Injuries a) size of the burnt area b) site of body injured c) whether ante mortem or postmortem burn d) fatal period e) External Postmortem finding --- Kerosene oil smell Singeing of hairs Sooty blackening Pugilistic attitudes Heat fractures etc...

35. f) Internal changes at autopsy • i the presence of soot in the respiratory tract, or GIT • ii generalized congestion • iii pallor of the viscera • iv Curling's ulcers • V state of uterus etc. • B Other Associated Injuries

36. IV. Medico legal Aspects A Nature - Homicidal, suicidal or accidental. B Motives in suicidal and homicidal cases. C Information to parents. D Information to police - by husband, in laws, parents or neighbours etc

37. V. Exclusion method - for evaluation of the nature of deaths especially in homicidal cases • Inclusion method – Positive approaches • conflicting statements by in-laws • their movement and attitudes, • presence of other associated injuries, • dying declarations etc.

38. Advantages of the Methodology • First hand information at autopsy • Relatives, parents or neighbors usually • accompany the dead body who can be interviewed • Police also provide certain information • The attitudes, behavior and sometimes the body language of in laws also become helpful in the determination of nature and manner of death • Autopsy examination itself also gives certain clues for the nature of such deaths.

39. Disadvantages of Methodology • In-laws always try to conceal the facts and level the • homicide one to as suicide or accidental one • Parents sometimes are not available during autopsy • At times parents also do not tell the truth just to avoid • any legal implications • Police is also sometimes bribed by In laws to make the story as an accident • Sometimes even at autopsy also, it becomes difficult • to know the nature of death

40. Challenges in Data Collection • Uncooperative behaviour of Husband and In-Laws • They always try to conceal the facts and level the • homicide as suicide or accident • They try to bring the wrong parents • They are in hurry to finish the autopsy and dispose the • body • Sometimes, they are not available as they abscond or • they are in custody of police • They also pretend of rescuing the victim by burning • their hands. • Contd/-

41. 2. Parents • Not available during autopsy as not been informed • Wrong parents • Parents also do not tell the truth just to avoid any • legal implications • Unable to share the fact due to mental trauma • 3. Police • Bribed by in-laws to make the incident as an accident • 4. Neighbour • Not available in many cases • If available, do not want to give any statements due to • legal implications • 5. Autopsy • Even at autopsy also, it becomes sometimes difficult • to know the nature of death

42. Other Sources of data collection • (Not used in author’s study) • Accident & Emergency • Police records • NGOs • Local Panchayats or Mothers group • Community based studies

43. Recommendations Prevention and Control of Dowry Death Effective Surveillance system in married women deaths AReliable estimates of dowry deaths by collection and collation of all the data from various sources as mentioned above at the regional and national level B Design of tools for distinguishing between accidents, suicides, and homicides C One central agency should be given responsibility for all this surveillance work e.g., National Commission For Women in India,

44. Similar organization in other countries can also be appointed who can make quarterly reports on the subject. This Report should highlight • Magnitude of problem • Geographical distribution • Ethnic/caste/religion distribution • Age/education/occupation • Manner of deaths • Cost- direct and indirect of mortality and • morbidity • Contd/-

45. This report can be utilized for advocacy at state, regional and national levels. The targets for advocacy in this matter should include the policy makers including politicians and bureaucrats. India has a large influence of cinema actors that can become channels of change for the public so they should also be the target of advocacy activities.

46. The Haddon's Matrix Useful tool for conceptualizing etiological factors and identifying prevention strategies. Within this framework, the host (woman), the agent (fire source) and the environment (social and physical) are analyzed in each of the three event phases: • Pre-Event • Event • Post-Event, as targets of change Contd/-

48. Other General Measures • Increasing education for women for economic and emotional independence • Proper implementation of existing laws along with new, stricter legislation to abolish dowry related crimes • Establishment of voluntary associations to decrease the importance of dowries in general.

49. Inference of Study

50. Married female burn constituted 82.31% of total burn deaths including males, autopsied during 13th June 1987 to 3rd Feb., 1989 • Out of the total 152 cases studied 70(46.05%) were accidental 47(30.92%) homicidal and 32(21.05%) were suicidal in nature. • Most of married female burn deaths 136(85.47%) occurred within 35 yrs. of their age.