Introduction
Marriage is a social institution which is religiously rooted and considered a sacred bond in India. In an ancient period marriage was considered an indissoluble union of flesh with flesh. According to Shasras, a man cannot be said to have a material existence unless he has a wife. It is not merely a union of two persons but a union of two families. The sacramental aspect of marriage was observed by the Allahabad High Court in the case Gopal Kishan v. Mithilesh Kumari (AIR 1979 All. 316). The High Court observed that the institution of marriage is sacramental and not merely a socio-legal contract. However, rapid urbanisation, modernisation, changing gender roles, increasing individualism, financial independence, digital connectivity and evolving societal expectations and cultural norms have significantly transformed the institution of marriage. Now the marriage is not seen as a sacramental bond but as the social institution of partnership, compatibility and love. While these social transformations have promoted personal liberty and improved gender equality in several respects, they have also altered marital dynamics and gave rise to complex challenges leading to a rise in marital conflicts, domestic violence, extramarital affairs, emotional abuse and partner homicide, which made the most stable and secured institution increasingly vulnerable to conflicts.
Need of the Study
There is still a dearth of academic research that thoroughly investigates the connection between shifting marital dynamics and intimate partner homicides in the Indian setting, despite the media’s increased focus on these instances. The majority of current research concentrates on domestic violence as a whole, paying very little attention to homicide as its most severe consequence. This study is therefore needed to analyse the underlying social, psychological, and structural elements contributing to these deadly conflicts, uncover new patterns, and assess the influence of changing marital norms.
This article seeks to study the changing nature of the marital relationship and examine the social, legal and cultural factors contributing to the rise of intimate partner homicide. This study will also evaluate whether the existing criminal justice framework effectively addresses the prevention, investigation, prosecution, and victim protection.
Socio-Legal Factors Contributing to Intimate Partner Homicide
Intimate partner homicide is a social problem affecting the family institution at a large level. Every week India is shaken by the gross intimate partner homicide. A spouse was allegedly poisoned or dismembered by his partner in Meerut or Indore; a wife was strangled, chopped, and thrown in Hyderabad; and a dowry-related murder took place in Noida. Although the facts differ, the fundamental reality remains the same. Close relationships, which are supposed to be the foundation of affection, are increasingly becoming sites of deadly violence. The causes behind these recent intimate partner homicides are deeply rooted in Indian society. Sociologists say that the deeply rooted sanctity of the marriage institution in India lies in the lifelong and unbreakable bond of the relationship, leading couples, particularly women, to live in a toxic relationship.
The Indian “National Crime Records Bureau (NCRB)” reports thousands of instances annually under headings like “dowry deaths”, “cruelty by husband or his relatives”, and “murder by spouse”, but it frequently fails to systematically separate data under the heading of “intimate partner homicide”. However, despite the robust legislation aimed at lowering the prevalence of dowry harassment and domestic violence, there are still significant gaps in data accuracy, victim care, and enforcement. The study suggests community-based programmes, improved risk assessment tools, and legislative changes as ways to stop these kinds of killings. Additionally, the analysis highlights the significance of mental health support and socioeconomic empowerment as preventative measures.
Intimate partner homicide in India is influenced not only by culturally specific causes but also interpersonal variables, such as disagreements over dowries, intrafamily relationships, the stigma associated with infertility, property problems, financial hardship, suspicions of adultery, forced marriages, familial rejection of love marriages, and substance misuse. These problems are further made worse by the deeply ingrained idea of family honour, which frequently transforms marriage into a transactional institution when conjoined with rigid social expectations and caste hierarchies. In these contexts, financial extortion and dowry demands are often portrayed as means of promoting social conformity and economic stability. When these factors come together, they create a volatile climate where economic pressure, caste-based prejudice, cultural shame, and emotional misery meet, sometimes resulting in self-harm and other times erupting into deadly violence against a partner. Disputes in some Indian arranged weddings can escalate into emotional or physical violence, severely straining family and marital ties. These disputes are fostered by hierarchical expectations, intervention from both mothers-in-law and mothers of the bride, and pressures on sons-in-law.
Trends in Intimate Partner Homicides in India
Intimate partner homicide in India is widely acknowledged as an underreported crisis. While the majority of the women continue to be the victims, often related to dowry disputes or adultry. Recent trends indicate an increase in intimate homicides committed by women trying to escape long-term abuse or extramarital collusion. India’s sexual landscape is rapidly changing, particularly in metro cities. Younger generations are exploring flexible identities, casual relationships and pleasure-driven decisions, which frequently clashes with their families’ conservative cultural ideals. When two persons of conflicting ideologies and mindset are paired by an arranged marriage setup, there can be an explosive outcome. One may perceive what one considers autonomy as betrayal. Control, resentment and occasionally violence may be the consequences of these mismatches. In such cases intimate partner abuse is not only personal; it is the result of a society caught between tradition and transformation. Furthermore, unfortunately, the current generation has turned away its focus from viewing marriage as an institution of mutual compromises and concessions for a harmonious coexistence.
Legal Provisions Governing Intimidate Partner Homicides
In India, intimate partner homicide is prosecuted as murder or culpable homicide under the Bhartiya Nyay Sanhita, hereinafter BNS. The laws are applicable on the basis of circumstances, intention and motive. Under Bhartiya Nyay Sanhita, such homicides are classified into general spousal homicide, dowry death and matrimonial cruelty. General spousal homicides are provided under sections 100 and 101, describing culpable homicide and murder, respectively. While punishable under sections 105 and 103, respectively.
Prior persistent domestic violence is common to intimate-partner murders. These supplementary clauses are used by the police and courts to determine motive and prior intent.
Section 85 of BNS (earlier 498A of Indian Penal Code) punishes cruelty committed by a husband or his family members, including wilful conduct likely to drive a woman to commit suicide or cause grave physical or mental injury.
Section 80 of BNS (formerly 304B of the Indian Penal Code) defines ‘dowry death’ and provides the punishment for the same. It states that if a woman dies of burns or bodily injuries under unnatural circumstances within the period of 7 years of her marriage and it is proved that she was subjected to cruelty or harassment over dowry demands prior to her death, then it will be called a ‘dowry death’, and the accused shall be punished with a minimum imprisonment of 7 years, which may extend to life imprisonment.
Protection of women from domestic violence act, 2005 emphasises on civil remedies. It is defined by law as verbal, physical, sexual, emotional and economic abuse. Victims can employ these statutes to get safe housing, restraining orders or protection orders which serves as legal preludes to recording abuse before it turns into homicide.
Judicial Precedents and the Role of the Judiciary in Preventing Intimate Partner Homicides
- Landmark Supreme Court and High Court judgments
- Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 – Guidelines on arrests in matrimonial offences. The Supreme Court of India created stringent criteria to avoid arbitrary arrests in matrimonial offences, primarily under Section 498-A of the IPC (and now under Sections 85 and 86 of the BNS). After a complaint is lodged, police cannot immediately arrest the accused. The police must issue a Notice of Appearance (under the previously relevant Section 41A of the CrPC, now Section 35 of the BNSS) requiring the accused to appear before them rather than making an immediate arrest. The police can arrest the accused only if he does not comply with the notice of appearance or he refuses to identify himself or if the police officer is satisfied that the arrest is necessary to prevent further offences or tampering with evidence or absconding.
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In Rajesh Sharma v. State of Uttar Pradesh (2017) 8 SCC 746, The Supreme Court addressed the issues of the misuse of section 498A of IPC (now section 86 of BNS). The court emphasises on the necessity of the protection of innocent family members and ruled that arrest should not be routinely or mechanically. It proposed the constitution of Family Welfare Committee to examine complaints before arrest in appropriate cases and encouraged mediation where possible.
However, in Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443, the Supreme Court set aside the directions relating to Family Welfare Committees, holding that such committees lacked statutory backing. Nevertheless, the principle that arrests in matrimonial disputes should not be automatic and must comply with the safeguards laid down in Arnesh Kumar v. State of Bihar continues to govern such cases.
- The Protection of Women from Domestic Violence Act, 2005 was interpreted broadly and purposefully by the Supreme Court in V.D. Bhanot v. Savita Bhanot AIR 2012 SC 965. The Court ruled that if a woman was in a domestic relationship with the respondent, she could still seek remedy under the act even if the acts of domestic violence happened before the act went into effect. The ruling strengthened access to legal remedies against domestic abuse and guaranteed broader protection for women who are victims of domestic violence. It also reaffirmed the Act’s beneficial and remedial nature.
