A case of gender injustice, Pg12

Key Highlights:

• The Supreme Court criticized the Allahabad High Court's handling of a dowry-death case in February.
• An investigation revealed that Justice Pankaj Bhatia routinely granted bail in 508 out of 510 publicly available dowry death cases.
• The Supreme Court has flagged the Allahabad High Court's orders as "most shocking and disappointing".
• The Supreme Court has stressed that high courts exercising powers under Section 439 CrPC must engage in reasoned prima facie assessments that reflect the structure and language of orders.

Detailed Insights:

• Section 304B of the IPC creates a statutory presumption against the accused in dowry violence and death cases, treating the crime as heinous.
• Dowry-related violence often occurs privately, making evidence collection difficult and witnesses vulnerable.
• The Supreme Court has expanded the understanding of dowry-related violence and strengthened the legal framework to meet its challenges in rulings such as State of Punjab v. Iqbal Singh (1991) and Shanti v. State of Haryana (1990).
• The Supreme Court reiterated that dowry-related violence goes against constitutional guarantees of Articles 14, 15 and 21, and that its eradication is a “constitutional and social necessity” in the landmark State of Uttar Pradesh v. Ajmal Beg Etc (2025).
• The near-uniformity in granting bails signals a troubling lack of application of mind by the court and a dilution of due process.

Key Concepts Involved:

• Dowry Death: Death of a woman caused by burns 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 harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry.
• Bail Jurisprudence: The set of legal principles and practices governing the granting or denial of bail to a person accused of a crime, pending trial.
• Section 304B IPC: A legal provision dealing specifically with dowry death, prescribing punishment for those found guilty.