Nisha Sharma dowry case

The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry.^[1] The case got much coverage from Indian and international media.^[2][3][4] Nisha Sharma was portrayed as a youth icon and a role model for other women.^[5] The case ended in 2012, after the court acquitted all accused.^[1]

Background

The wedding of Nisha Sharma, then 21 and a software engineering student, to Munish Dalal, then 25 and a computer teacher in a school, was scheduled to be held on 11 March 2003 in Noida. The groom had been found by placing an ad in a newspaper. Nisha Sharma's father Dev Dutt Sharma^[6] was the owner of a car battery manufacturing plant in Noida. The dowry had been allegedly negotiated and decided initially at two sets of appliances, one set for the groom and one for his brother. The dowry included: two refrigerators, two air conditioners, two washing machines, two music systems, a microwave oven, two televisions, and a Maruti Esteem car. Her father had saved 10 years for the marriage. When the groom's possession reached the venue and were being welcomed, it was claimed that Dalal's mother had demanded ₹12,00,000 (about US$25,000) more in cash from the bride's father minutes before the ceremony. About 2000 guests had arrived by then. On hearing that a scuffle had broken out between her family and the groom's from her brother, and that her father had been slapped by the groom's mother and spat on by his aunt, Nisha Sharma called the police. The procession was sent back. The groom was taken into custody from his house in Vikaspuri the next day and police began searching for the abconding relatives.^{[1][2][2][3][7][8][9][10]} The groom's mother, Vidya Dalal, was arrested on 15 May.^[11]

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 marry Rai, but he had opposed the marriage as Rai was employed and was seeking 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.^[8][12]

The groom's family claimed that they had not demanded any dowry. They said that when the procession arrived no one received them and 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.^[8][12]

Media attention and reactions

Following the arrest, the story got much attention from Indian and international media.^[2][3][13] 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.^[2][3] 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.^[10]

James Brooke writing for The New York Times, detailed how dowry is being disguised as gifts as dowry was illegal.^[9] The story was also covered by Christiane Amanpour for 60 Minutes which contained an overview of the dowry system in India, the anti-dowry laws, bride burning and female foeticide. Smriti Kak writing for 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.^[8] The incident was also captured in a Amul Butter Girl cartoon.^[14]

Brinda Karat, a left-wing politician and activist, said that the parents had sent the wrong signal by agreeing to too many gifts initially.^[8] Ranjana Kumari, a women 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 burder.^[3] Jyotsna Chatterji, another women right's activist, said that this one protest had given courage to other women to come forward.^[15]

Nisha Sharma's marriage

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.^[5][7]

Appearance on The Oprah Winfrey Show

In January 2004, Nisha Sharma, her husband and her brother were invited by Oprah Winfrey to her talkshow.^[16][17] 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".^[18]

Mention in school textbook

In 2004, when the case was still under trial, the incident was included the English textbook for Class 6, by the State Council of Educational Research and Training of the New Delhi region, in the form of a chapter titled Man in Jail over Dowry Demand. It was adopted from a newspaper article from May 2003. Munish Dalal sent a defamation notice to the State Council of Educational Research and Training.^[19]

Later, Vidya Dalal, the groom's mother and a retired school teacher, said the book was being taught her in her former school and it had ruined her reputation. The family's lawyer, Roopesh Kumar Sharma, said that they were sueing the Delhi government and education department. The cartoon in the book showed Munish being arrested from the marriage venue, when he was actually arrest from his home. The lawyer also said that Vidya Dalal was being denied her pension and retirement benefits.^[20]

Trial and verdict

A case was filed in the Sector 24 police station of the Noida, against Dalal, his mother Vidya Dalal and his aunt Savitri Sharma.^[1] While awaiting trial in mid-May 2003, Munish Dalal was assaulted by other inmates in Dasna jail, who him called a greedy groom. Dalal suffered some injuries as a result. Dalal's lawyer filed an appeal with the National Human Rights Commission of India.^[21] Dalal had counter-sued accusing Nisha Sharma of adultery and bigamy.^[20]

On 29 February 2012, a district court in Gautam Budh Nagar district acquitted Dalal and his family due to lack of evidence supporting the charges. The court also acquitted Navneet Rai, who had been accused of forging the marriage documents by Nisha. The court held the documents circulated by Navneet Rai could not be proven to be forged by the prosecution.^{[1][22][23][24]}

Aftermath of the verdict

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 and his 75 year old aunt had to travel to court, which was 75 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.^[24][25][26] During the course of the trial, Dalal had become involved with the Save Indian Family Foundation.^[27] 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."^[28]

Dalal's lawyer and Navneet Rai's father said they would file for damages. Nisha's father said they would appeal against the verdict. Nisha Sharma maintained that the marriage affidavit was not signed by her.^[25]

Dowry accusation against Nisha Sharma

In January 2013, a complaint was filed in Samalkha by Nisha Sharma's sister-in-law, Manisha Sharma, against her and her brother, Gyaneshwar Sharma. Manisha had married Gyaneshwar Sharma on 31 October 2013 and had a child from the marriage. Manisha's father, Vijay Sharma, claimed that they had demanded ₹12,00,000 and had beaten Manisha for that.^[29]

See also

• Dowry law in India
• Trial by media
• Suhaib Ilyasi, an Indian television personality who was accused of killing his wife for dowry

References