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Report No. 91

2.2. Comments on the first and three factual component.-

The features of dowry deaths mentioned above1 are significant enough. The first three factors mentioned above (age, sex and status of the victim) snow, that we are confronted here with the death of a person who is, or has become, too weak to resist. The will and power to resist has been largely eroded by the persistent demands. This aspect is highlighted here to substantiate the suggestion (to be made in later paragraphs of this Report) to raise a presumption as to the cause of death in certain circumstances.

To recapitulate briefly the points already made above, there are several noteworthy factual components of a dowry death. In every case, the victim of the supposed accident is a woman, young and married, dependent on her husband or in-laws. Her desire to live is slowly eroded by oppressive conduct which emanates from no other source except the in-laws. Tension is built up to a high pitch. All these features would prima facie seem to justify the inference that such cases, occurring with regularity, frequency and monotonous uniformity, are the result of some human act and are not the consequence of an act of God.

1. Para. 2.1, supra.

Dowry Deaths and Law Reform - Amending the Hindu Marriage Act, 1955, the Indian Penal Code, 1860 and the Indian Evidence Act, 1872 Back

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