Nisha Sharma dowry case: Difference between revisions

The '''Nisha Sharma dowry case''' was an [[Dowry law in India|anti-dowry lawsuit]] in India that represented how IPC 498A law can be misused. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry.<ref name=AllLetOff>{{cite news|title=All let off in Nisha Sharma dowry case after 9 years|url=http://ibnlive.in.com/news/all-let-off-in-nisha-sharma-dowry-case-after-9-years/235004-3.html|archive-url=https://web.archive.org/web/20120303031409/http://ibnlive.in.com/news/all-let-off-in-nisha-sharma-dowry-case-after-9-years/235004-3.html|url-status=dead|archive-date=3 March 2012|accessdate=28 March 2015|work=[[IBNLive]]|date=1 March 2012}}</ref> The case got much coverage from Indian and international media.<ref name=BBCLands/><ref name=Love/><ref name=German>{{cite news|title=Indiens neue Heldin|url=http://www.dw.de/indiens-neue-heldin/a-890694|accessdate=28 March 2015|work=[[Deutsche Welle]]|language=German|author=Sunanda Rao|date=12 June 2013}}</ref> Nisha Sharma was portrayed as a youth icon and a role model for other women.<ref name=NoDowry/> The case ended in 2012, after the court acquitted all accused.<ref name=AllLetOff/> The court found that she had fabricated the dowry charges to wriggle out of the wedding.<ref>[http://timesofindia.indiatimes.com/city/noida/Rebel-brides-dowry-charge-junked/articleshow/12090709.cms Rebel bride’s dowry charge junked, Aniruddha Ghosal, TNN,Mar 1, 2012]</ref>

In 2003, Nisha Sharma was a 21-year old software engineering student. Munish Dalal was a 25-year-old engineer who worked as a lecturer of computer science in a local college. In order to arrange a suitable marriage for Nisha, her parents (Dev Dutt and Hemlata) placed a matrimonial advertisement in a newspaper. This is a very common practice in India. Munish Dalal's widowed mother Vidya Devi Dalal was among those who responded to the advertisement and contact was first established between the families in this way. After meeting each other a few times and exchanging information, the families decided that Munish and Nisha were compatible and agreed that they be married. The couple were duly engaged and the wedding was scheduled to be held on 11 March 2003 in [[Noida]], where the bride's family lived.

Nisha Sharma's father Dev Dutt Sharma was the owner of a car battery manufacturing plant in Noida, and the family was affluent.<ref name=Rising>{{cite news|title=Rising Daughters Inc|url=http://www.outlookindia.com/article/Rising-Daughters-Inc/220304|accessdate=28 March 2015|work=[[Outlook India]]|date=2 June 2003|author=Soma Wadhwa}}</ref> They had purchased wedding gifts for their daughter that were typical of their society: a refrigerator, a washing machine, a microwave oven and a television set. They made the usual arrangements for the wedding, both sides invited their friends and relatives, and the wedding day dawned. However, the wedding was not destined to be held.

According to Nisha and her parents, what happened was as follows. They claim that when the [[baraat|groom's procession]] reached the venue and were being welcomed, Dalal's mother demanded {{currency|1,200,000|INR}} (about {{currency|25,000|USD}}) more in cash and a Maruti Esteem car from the bride's father. Dev Dutt Sharma expressed his inability to meet these demands, whereupon the Dalal family began verbal abuse. When the Sharma family reacted, a scuffle broke out and Mr. Sharma was slapped by Mrs. Dalal and spat upon by Mr. Dalal's sister. Upon hearing of this, Nisha Sharma called the police.

The groom's family have an entirely different version. There was absolutely no dispute or talk regarding dowry. In Indian weddings, the groom mounts a white horse and goes in a ceremonial procession to the wedding venue. The horse is mounted only a short distance from the wedding venue, for obvious practical reasons, and the procession travels only a few hundred yards. When the Dalal family arrived at the place where the horse was to be mounted, there was nobody from the bride's family to welcome them. After waiting for some time, the Dalals sent a relative to the wedding venue to find out what was the reason for the delay. The relative found that there was some commotion at the wedding venue, but he was told that everything is OK and that he should go back to the horse-venue and wait for a few minutes. As he was returning, he was followed and overtaken by an agitated man who then accompanied him to the horse-venue. There, the agitated man introduced himself as Navneet Rai and made a shocking disclosure. He informed the Dalal family that he was the husband of Nisha Sharma, and that they had been in love with each other for a long time. Just as he had finished saying this much, Nisha's father and a few other relatives arrived at the scene. The groom was one who called police when Sharma's father assaulted the groom's mother. They claimed that the wedding was disrupted by Navneet Rai, not by them. Rai had allegedly arrived at the venue with some of his friends and told the groom's mother that Nisha Sharma was already married to him. Following this Sharma's father had allegedly assaulted the groom's mother with a [[sandal]] and bit her. Sharma's father denied the allegation saying that he had a video recording to prove his statements.<ref name=Grit/><ref name=Boyfriend>{{cite news|title=Nisha's boyfriend, not dowry disrupted the wedding|url=http://timesofindia.indiatimes.com/city/delhi/Nishas-boyfriend-not-dowry-disrupted-the-wedding/articleshow/46695999.cms|accessdate=28 March 2015|work=[[The Times of India]]|date=17 May 2003}}</ref>

The procession was sent back. The groom (Munish Dalal) and several members of his family were arrested from their residence in [[Vikaspuri]] the next day and police began searching for other absconding relatives.<ref name=AllLetOff/><ref name=BBCLands>{{cite news|author1=Rajyasri Rao|title=Dowry demand lands groom in jail|url=http://news.bbc.co.uk/2/hi/south_asia/3027683.stm|accessdate=28 March 2015|work=[[BBC News]]|date=14 May 2003}}</ref><ref name=Love/><ref name=Knot/><ref name=Grit/><ref name=LoseBride/><ref name=TrustLove/> The groom's mother, Vidya Dalal, was arrested on 15 May.<ref name=MotherHeld>{{cite news|title=Groom's mother held in Noida dowry case|url=http://www.rediff.com/news/2003/may/16delhi.htm?zcc=rl|accessdate=28 March 2015|work=[[Rediff]]|date=17 June 2003}}</ref>

Soon thereafter, Navneet Rai, a classmate of Sharma, came forward claiming to be having a relationship with her for 5 years and having married her secretly. Nisha Sharma's father said that Rai was simply maligning their name. He said that Nisha was initially interested in marrying Rai, but he had opposed the marriage as Rai was unemployed and was seeking to live off their money. He also said that after rejection Rai has misbehaved with Nisha and Nisha had written a complaint to the college which resulted in the expulsion of Rai.<ref name=Grit>{{cite news|author1=Smriti Kak|title=Common girl with uncommon grit|url=http://www.tribuneindia.com/2003/20030525/herworld.htm#1|accessdate=28 March 2015|work=[[The Tribune (India)]]|date=25 May 2003}}</ref><ref name=Boyfriend/>

Following the arrest, the story got much attention from Indian and international media.<ref name=BBCLands/><ref name=Love>{{cite news|author1=Christiane Amanpour|author-link=Christiane Amanpour|title=For Love Of Money|url=http://www.cbsnews.com/news/for-love-of-money/|accessdate=28 March 2015|work=[[CBS News]]|date=3 October 2003}}</ref><ref name=Inflation>{{cite news|title=Dowry inflation: A suitable price|url=http://www.economist.com/node/1852358|accessdate=28 March 2015|work=[[The Economist]]|date=12 June 2003}}</ref> The news appeared on the front-page of several newspapers. Sharma also received several marriage proposals from across the nation. Her house was visited by several media persons seeking her interview. She was also visited by women rights activists, neighbours and other well-wishers to congratulate her. A political party invited her to contest in the local election.<ref name=BBCLands/><ref name=Love/> In an interview with Ehtashamuddin Khan of ''[[Rediff]]'', Nisha Sharma said she had no intention of joining politics, and that she wanted to continue her studies and wished her future marriage to be an [[arranged marriage]].<ref name=TrustLove>{{cite news|author1=Ehtashamuddin Khan|title=I don't trust love marriages|url=http://www.rediff.com/news/2003/jun/30inter.htm|accessdate=28 March 2015|work=[[Rediff]]|date=21 May 2003}}</ref>

[[James Brooke (journalist)|James Brooke]] writing for ''[[The New York Times]]'', detailed how dowry is being disguised as gifts as dowry was illegal.<ref name=LoseBride>{{cite news|author1=James Brooke|author-link=James Brooke (journalist)|title=Dowry Too High. Lose Bride and Go to Jail.|url=https://www.nytimes.com/2003/05/17/world/dowry-too-high-lose-bride-and-go-to-jail.html|accessdate=28 March 2015|work=[[The New York Times]]|date=17 May 2003}}</ref> The story was also covered by [[Christiane Amanpour]] for ''[[60 Minutes]]'' which contained an overview of the [[dowry system in India]], the [[Dowry law in India|anti-dowry laws]], [[bride burning]] and [[female foeticide]]. Smriti Kak writing for ''[[The Tribune (Chandigarh)|The Tribune]]'' criticised the father and the bride for agreeing to the dowry initially and stopping the marriage only when the demands got too high.<ref name=Grit/> The incident was also captured in an [[Amul girl|Amul Butter Girl]] cartoon.<ref name=Amul>{{cite web|title=Amul hits of 2003|url=http://www.amul.com/m/amul-hits?s=2003&l=3|publisher=[[Amul]]|accessdate=28 March 2015}}</ref>

[[Brinda Karat]], a left-wing politician and activist, said that the parents had sent the wrong signal by agreeing to too many gifts initially.<ref name=Grit/> Ranjana Kumari, a women's rights activist, said that she does not attend weddings because dowry is given in almost all of them, and that dowry is the cause of the [[female foeticide]] in India as parents see a girl child as an economic burden.<ref name=Love/> Jyotsna Chatterji, another women right's activist, said that this one protest had given courage to other women to come forward.<ref name=SaysNo>{{cite news|title=The Bride Says No|url=http://www.people.com/people/archive/article/0,,20140376,00.html|accessdate=28 March 2015|work=[[People (magazine)|People]]|date=23 June 2003}}</ref> None of these media, activists or politicians provided any statements after court acquitted the accused in this false case.

 

On 19 November 2003, Nisha Sharma married Ashwini Sharma, a computer engineer, in a small ceremony in Noida with only 75 guests. The marriage was set up by a common family friend and the engagement took place on September 2003. Her father only gifted her a gold necklace as the bridal gift. The marriage was scheduled to be held on the evening of 19 November. But, it was held on 3:00 am on 19 November to avoid legal hassles. Munish Dalal and Navneet Rai had approached the court to delay the marriage.<ref name=NoDowry>{{cite news|title=Three 'weddings' and no dowry|url=http://news.bbc.co.uk/2/hi/south_asia/3283989.stm|accessdate=28 March 2015|work=[[BBC News]]|date=19 November 2003}}</ref><ref name=Knot>{{cite news|title=Anti-dowry icon, Nisha Sharma, ties the knot|url=http://www.rediff.com/news/2003/nov/19delhi.htm|accessdate=28 March 2015|work=[[Rediff]]|date=21 November 2003}}</ref>

In January 2004, Nisha Sharma, her husband and her brother were invited by [[Oprah Winfrey]] to her [[The Oprah Winfrey Show|talkshow]].<ref name=Oprah>{{cite news|title=Nisha invited to Oprah Show|url=http://timesofindia.indiatimes.com/city/delhi/Nisha-invited-to-Oprah-Show/articleshow/412789.cms|accessdate=28 March 2015|work=[[The Times of India]]|date=9 January 2004}}</ref><ref name=OprahHigh>{{cite news|title=Oprah high|url=http://indiatoday.intoday.in/story/dowry-victim-nisha-sharma-in-oprah-winfrey-show/1/196865.html|accessdate=28 March 2015|work=[[India Today]]|date=26 January 2004|author=Kanika Gahlaut}}</ref> Oprah told her audience that they were lucky to be born in the United States, and covered the dowry issue by calling it "right out of the Dark Ages".<ref name="OchoaIge2007">{{cite book|author1=María Ochoa|author2=Barbara K. Ige|title=Shout Out: Women of Color Respond to Violence|url=https://archive.org/details/shoutoutwomenofc00ocho|url-access=registration|accessdate=28 March 2015|year=2007|publisher=Seal Press|isbn=1-58005-229-0|pages=[https://archive.org/details/shoutoutwomenofc00ocho/page/110 110]–111}}</ref>

A case was filed in the Sector 24 police station of the Noida, against Dalal, his mother Vidya Dalal and his aunt Savitri Sharma.<ref name=AllLetOff/> While awaiting trial in mid-May 2003, Munish Dalal was assaulted by other inmates in [[Dasna|Dasna jail]], who called him a greedy groom. Dalal suffered some injuries as a result. Dalal's lawyer filed an appeal with the [[National Human Rights Commission of India]].<ref name=DalalBeaten>{{cite news|title=Munish Dalal beaten up by jail inmates|url=http://www.tribuneindia.com/2003/20030521/ncr1.htm|accessdate=28 March 2015|work=[[The Tribune (India)]]|date=20 May 2003}}</ref> Dalal had counter-sued accusing Nisha Sharma of [[adultery]] and [[bigamy]].<ref name=TextHaunts/>

In various interviews after the verdict, Munish Dalal said that the father had been aware of the Nisha's marriage to Navneet Rai, but he still published an ad in a newspaper. Nisha Sharma had married to Rai on 14 February 2003 secretly in a temple. On 11 May 2003, when the groom's procession arrived at the venue, they were turned away. While they were returning, they found a complaint had been filed against them. He also said he, his 68-year-old widowed mother and his 75-year-old aunt had to travel to court, which was 75&nbsp;km away, about 320 times during the course of the trial. Nisha's family attended only 10 times. His mother, a school teacher due for retirement on 31 May 2003, lost her job and was denied her retirement benefits. He also said that he married in 2008 and taken no dowry.<ref name=9YrsLater/><ref name=NishaHero>{{cite news|title=‘Nisha hero of Class VI book , I’m one with no principles|url=http://archive.indianexpress.com/news/-nisha-hero-of-class-vi-book--i-m-one-with-no-principles-/919077/0|accessdate=28 March 2015|work=[[The Indian Express]]|date=2 March 2012}}</ref> During the course of the trial, Dalal had become involved with the [[Save Indian Family Foundation]].<ref name=Nothing>{{cite news|title=Money for nothing|url=http://www.smh.com.au/national/money-for-nothing-20120409-1wl2q.html|accessdate=28 March 2015|date=10 April 2012|work=[[Sydney Morning Herald]]}}</ref> Giving the cause for the lawsuit Dalal said, "She didn’t want to marry me but was scared of her parents. By accusing me falsely, she was trying to get out of the marriage without incurring their anger."<ref name=VindictiveWives>{{cite news|title=India shifts dowry law against 'vindictive wives'|url=http://www.smh.com.au/world/india-shifts-dowry-law-against-vindictive-wives-20140703-zsvg8.html|accessdate=28 March 2015|date=4 July 2014|work=[[Sydney Morning Herald]]}}</ref>