DOWRY PROHIBITION

CHAPTERISATION
 Introduction
 Historical Background
 Dowry system in India
 Causes
 Effects
 Solutions
 Dowry Deaths – Social Construction
 Legal Perspective of Dowry System and its prohibition
 Conclusion
 INTRODUCTION

To the contrary, the giving of dowry is a custom that continues to be respected observed and is on
the rise in modern India. The term "dowry death", also known as bride burning, is used to describe
murders of young brides resulting from a dispute over their dowry. These killings are most often
staged as accidental deaths caused by mysterious kitchen fires, but victims are also found after
having been hanged or poisoned. Dowry death occurs within the context of Indian cultural
traditions that denigrate women as burdensome to their families and deny them equal access to
economic resources. These socio-cultural constraints drastically limit women's choices and,
therefore, women's opportunities for equality and independence.

India has voluntarily accepted the international law mandates that ensure individuals their
fundamental human rights. It follows, then, that the Indian government has a legal duty to take
reasonable steps to prevent such egregious violations of human rights as dowry deaths. During the
last decade, legislation has been enacted to strengthen India's legal prohibition of dowry and
dowry-related crimes.

The giving of gifts or money (otherwise known as a dowry) to a groom on behalf of the bride’s
family is common practice in India, a marital tradition which dates back centuries. The dowry buys
into people’s pride and desire to “save face” and the system (and exactly what is given) has
substantial consequences for families and women in general. The financial restraints a dowry can
place on a girl’s family coupled with the increasing abuse of the tradition on the part of the groom
or his family has seen public perception of dowry giving change, with the government now
stepping in to regulate its practice.

The underbelly of the dowry system revolves around the treatment of brides. Referred to as “bride-
burning”, the act of maiming or even killing brides whose family cannot or will not meet a groom’s
dowry demands is a worrying practice in India. The National Crime Records Bureau reports that
in 2010 alone, there were 8,391 dowry-related deaths in the country, representing a 0.1% increase
from 2009 and almost double the number of dowry-related deaths recorded two decades ago. Only
a third of all reported cases result in conviction of the offenders.
 HISTORICAL BACKGROUND

Defining Dowry
"Dowry" means any property or valuable security given or agreed to be given either directly or
indirectly.
1. By one party to a marriage to the other party to the marriage, or
2. By the parent of either party to a marriage or by any other person, , to either party to the marriage
or to any other person.1
It is an ancient custom in India for a bride's family to give dowry to the groom and his family.
Since Hindu law entitles women to fewer property rights than men, the practice of giving dowry
is an attempt to redress inequity by providing women with a share of the family property and
thereby affording them an opportunity to make a material contribution to their marriages. In
modern India, however, the system has degenerated into a commercial transaction between the
families of the marrying parties. The bride's family earns the honor of having their daughter marry
prestigiously, while the groom and his parents are provided with the promise of an immediate and,
often, significant improvement in their standard of living. Unfortunately, a newly virulent Indian
materialism has merged with the ancient Indian emphasis on social status to overwhelm any
putative concern for the well-being of the bride.

Why was Dowry Prohibition Act passed?

The original text of the Dowry Prohibition Act was widely judged to be ineffective in curbing the
practice of dowry. Moreover, specific forms of violence against women continued to be linked to
a failure to meet dowry demands. As a result, the legislation underwent subsequent amendment.
In 1984, for example, it was changed to specify that presents given to a bride or a groom at the
time of a wedding are allowed. The law required, however, that a list be maintained describing
each gift, its value, the identity of the person giving it, and the person’s relation to either party to
the marriage. The act and relevant sections of the Indian Penal Code were further amended to
protect female victims of dowry-related violence.

1
Sec 2 of Dowry Prohibition Act(Act no 28 of 1961)
The Supreme Court came to similar conclusions in Brij Lal v. Prem Chand2, stating that:

The degradation of society due to the pernicious system of dowry and the unconscionable demands
made by greedy and unscrupulous husbands and their parents and relatives resulting in an alarming
number of suicidal and dowry deaths by women has shocked the Legislative conscience to such
an extent that the Legislature has deemed it necessary to provide additional provisions of law,
procedural as well as substantive, to combat the evil.

As a result of these pressures, the Indian legislature enacted more stringent regulation of dowry
and related offenses.
The Indian legislature had enacted amendments to the Dowry Prohibition Act in 1984 and then
again in 1986, with the of making the law more stringent and, therefore, more effective.

2
(1989) Supp (2) SCC 680, 692, AIR 1989 SC 1661, 1669.
 DOWRY SYSTEM IN INDIA
This exploitative system that has turned the custom of giving gifts and well wishes into a
compulsory demand for money, respect and subjugation, is the one of the major contributing
factors hindering the growth of the Indian society where being a woman is still viewed
synonymous to being a burden.

CAUSES

1. Greed Factor – dowry demands often is exemplary of the collective greed of the society.
Extortion in the name of social standing, compensation for the cost of groom’s education, his
financial stability is a key feature of Indian marriages. Demands are put forward shamelessly and
are expected to be met with silence. Threats of withdrawing the proposal looms on the bride’s
family’s head at the cost of losing face in the community, and portions of the agreed upon sum is
often demanded before the actual ceremony.

2. Society Structure – the dowry system is largely the manifestation of the patriarchal nature of
the Indian society where men are considered superior to women in aspects of physical and mental
capabilities. With the backdrop of such societal structure, women are often considered second-tier
citizens, fit to assume only domesticated roles. Such perceptions are often associated of them being
treated as a burden in economic terms first by the father and then by the husband. This feeling is
further compounded by the dowry system which fuels the belief that girl child is a potential cause
of drain of family finances.
3. Religious Dictates – Religious constraints imposed by the society on marriage customs, mainly
suitability of groom have a contributing factor towards the dowry problem. These constraints do
not condone inter-religious marriages or even between different religious sects and a suitable
groom has to be found from the same religious backgrounds. These restrictions limit the number
of suitable matches. Boys of marriageable age with desirable qualifications become a prize and
this in turn encourages the practice of the catch being caught by the highest bidder.
4. Social Constraints – Aside from similar religious backgrounds, further constrains are imposed
based on caste system and social status. Practices like caste endogamy and clan exogamy, has to
be kept in mind while arranging a match. Preferred matches have to belong to the same caste,
different clan and same or higher social standings. These limitations again severely deplete the
pool of marriageable men leading to similar consequences for demanding dowry.
5. Social Status of Women – the inferior social standing of women in Indian society is so deep-
rooted in the psyche of the nation, that this treatment of them as mere commodities is accepted
without question, not only by the family but by the women themselves. When marriage is viewed
as the ultimate achievement for women, evil practices like dowry takes its roots deeper in the
society.

6. Illiteracy – lack of formal education is another cause for the prevalence of the dowry system. A
large number of women are deliberately kept from schools either due to certain superstitions or
from the belief that educating girls will take away from their eligibility as good wives.

7. Propulsion Towards Adhering to Customs – Indians value traditions a lot and they tend not to
question customs. They follow traditions blindly and provide dowry because it is the norm handed
down through generations.

8. Urge to Show Off – dowry is often a means for showing off social stature in our country. One’s
worth in society is often measured by how much one spends in daughter’s wedding or how much
gold one gives to them. This perspective heavily justifies the practice of dowry demands. The
boy’s family in turns gains new heights of social standings based of the amount of dowry their
new bride brings in which is indicator of how desirable their boy was in the marriage market

EFFECTS

1. Short Term Effects of Dowry System – these effects of the dowry system are immediate and
are a permanent fixture in the daily news.

a. Injustice towards girls – dowry bears a huge financial obligation for the bride’s family. As a
consequence, a girl child is viewed a possible source of drain on the family’s finances, ultimately
an onus. This view evolves into gigantic proportions taking the shape of infanticides and feticides
of girl child. Girls are often marginalized in the areas of education where boys of the family are
given preference. They are thrust towards domestic chores from a very early age. A host of
restrictions are imposed on them in the name of family honor and they are made to stay indoors.
Child marriages are still practiced because age is counted as an index of purity. It also stems from
the belief that young girls can be better molded into the household roles than older girls. The
amount of dowry increases according to the girl’s age, fueling the practice.
b. Violence against women – contrary to hopeful parents, dowry is often not a one-time pay up.
Demands are continuously made by the husband’s family who consider the girl’s family as a never
ending source of finance. Inability by the girl’s family often leads to verbal abuse, domestic
violence and even deaths. Brides being burned by the in-laws are hardly a novelty in this country.
Continuous physical and mental torture instigates women to go into depression and commit
suicide. 2016 figures indicate that in India, 20 women die every day due to dowry related issues.

c. Economic burden – getting a girl married is associated with a hefty amount of money by Indian
parents due to direct or subtle demands for dowry by the groom’s family. Families often borrow
heavily, mortgage properties leading to major decline in economic health.

d. Gender inequality – the idea of paying dowry in order to get a girl married generates an
increased sense of inequality among the genders, placing men superior to women. Young girls are
kept from schools while their brothers are given access to education. They are regarded
incompetent for roles other than housework and are often discouraged from taking up jobs. Their
opinions are suppressed, not valued or ignored more often than not. Physical and behavioral
restrictions are imposed on girls that are completely natural for boys.

2. Long Term Effects of Dowry System – the short term effects lead to the following long-term
consequences

a. Gender imbalance – the much abhorred practices like abortion of female fetuses and killing of
girl babies have resulted into an unnaturally skewed child sex ratio (CSR) in India. In states like
Haryana and Rajasthan where these practices are most prevalent, the CSR stands at 830 girls per
1000 boys. This in turn leads to peculiar practices like polyandry and an increase in violence
against women.

b. Loss of self-esteem in women – in a country which has experienced centuries of inferior attitude
towards women, it is very hard to maintain a high level of self-regard if you are a woman.
Naturally, women themselves are bound in the shackles of an idea that they are incapable of any
contributions to the society. Their sense of self-worth hits rock bottom and they are increasingly
subjugated to injustice.

c. Status of women –practices like dowry are social evils and a huge deterrent towards
improvement of social status of women in India. Inferiority of women has been impressed upon
the minds of the nation time and again by the demands of dowry.
SOLUTIONS:
The solution/preventive measures aimed at curbing the dowry system is summarized below:

Education: Education is the primary catalyst of growth in any nation. If we have to reach out
across the nation and make sure the mainstream community is at par with the nation’s prospects,
education is a necessity. Eradicating this evil is not possible without educating the society. The
legislation aren’t enough to bring a revolution. Rather, the masses are the ones who hold the
concentrate to eliminate the dowry system.
Making women self-dependent: The female sect of our society is an active contributor in the
development of the home, the society and the nation as a whole. To churn out productivity, and
ride upon the reins of development, women empowerment is a necessity. Hence, ensuring
employment opportunities for the female sect and making education feasible seems the first step
to ensure annihilation of dowry system from the society. In the long run, legislations will turn to be
effective.

Gender Equality: The primary reason behind dowry system is the existence of a patriarchal
society. Owing to such a social infrastructure, the dowry system still finds its takers and
propagators. To ensure removal of dowry system from the nerves of our system, gender equality
is the second step.
Government Initiatives: Government is the body which holds the key to development of a nation.
It is the formulator of laws and executes them to make sure people follow them for the betterment
of the society. Dowry system has been a part of the society since time eternal. The government has
made legislation to limit the dowry exchange.
Social Awareness Campaigns: When we speak of awareness and revolution, we have to recall that
it cannot be brought about by the legislation or the government alone. We as individuals, make up
the society, and the first step for change is to be initiated by the society itself. Dowry system has
long been exploiting the weak and hampering the right to peaceful existence of a woman. Well,
government can formulate rules, it depends upon the community to follow it or not. Hence, social
awareness is the necessity to ensure robust annihilation of dowry system from the nation.
 Dowry Deaths – Social Construction

Though we are living in 21st century but it is surprising that India is still tangled in many social
evils like superstition, dowry system, caste system, female foeticide etc. With time many of the
traditional orthodox customs have been given up but the custom of dowry still continues. With the
increase in dowry demand since 20th century offences related to women like wife beating,
harassment of women, bride burning also increased. The menace of dowry is not new in Indian
society, it is as old as the civilization itself, but it has flourished over the years. With time the
concept of dowry has undergone many changes. Traditionally the term ‘Dowry means’ gifts gives
by parents to their daughter at the time of her marriage. Dowry system has been an integral part of
Hindu marriages for long and from there it has seeped into other communities too. Dowry is
derived from the ancient Hindu custom of "kanyadan", where the father presents his daughter
jewellery and clothes at the time of her marriage, and "vardakshina", where the father of the bride
presents the groom cash or kind. Both of these were done voluntarily and out of affection and love.
Traditionally kanyadaan was not considered complete unless varadakshina was given. Earlier girls
did not enjoy proprietary rights in their parental family, so dowry was considered a substitute for
the same. These days, these customs have assumed menacing proportions and have become
coercive and brutally dangerous. The custom of dowry which had its origins in sublime sentiments
has now become a curse. Dowry as a precondition of marriage is a social evil but continues to be
a common practice in almost every part of India. Higher education and economic stability of young
men, instead of serving to reduce the problem, In fact seem to have aggravated it. In fact well
settled boys have started to consider it their right to be given hefty amounts of dowry as a measure
of appreciation for their hard work .Hence this offence has assumed the garb of an inalienable right
of the groom’s family. Often the demand for dowry is not articulated in clear terms. The hints,
suggestions and description of dowry given and taken by others are all vague in nature and open
to various interpretations and which have the potential of turning deadly at a later date. At some
places situation is so bad that prices are fixed for I.A.S, I.P.S., doctor, engineer etc. spending a
huge amount on the marriage and dowry has become a status symbol nowadays. But this practice
of dowry is a curse for poor and middle class parents of girls. Sometimes, demand is not made at
the time of marriage but the girl is being harassed after the marriage and forced to bring cash or
kind from her parents. Often it happens that a woman commits suicide when it becomes unbearable
for her.
Dowry violence is usually perpetrated by the husband or the in-laws in a bid to extract a higher
dowry from the bride's family. The dowry price paid at the time of marriage may be significant,
but the greed of husbands and in-laws can grow after marriage. This frequently translates into
physical, mental or sexual violence against the bride. The violence ranges from slashing genitalia
or breasts with razors to burning her alive by pouring kerosene on her. In some cases, women are
driven to suicide.
Although seeking a dowry has been outlawed in India since 1961, the ban has been a challenge to
enforce. An amendment to the law in 1986 mandated that any death or violence within the first
seven years of marriage would be tried as related to dowry. The reality is that most cases of dowry
violence go unreported.
Laws against Dowry in India
It was in the year 1961 when the practice of dowry was prohibited and made a punishable offence
by passing the Dowry Prohibition Act, 1961 by the Parliament of India. It was the first and the
only Act which exclusively deals with the dowry system and prohibits it in any form. Later on
amendments were also introduced in Indian Penal Code to make it easy for women to get remedy
against the harassment which she has to suffer due to non-fulfilment of demand of dowry by her
parents. Some references are also made in Code of Criminal Procedure and Protection of Women
against Domestic Violence Act, 2005. Section 2 of the Dowry Prohibition Act, 1961 as amended
by the Dowry (Prohibition) Amendment Act, 1984 & 1986 defines dowry as follows:- “Dowry”,
means any property or valuable security given or agreed to be given either directly or indirectly:-
by one party to a marriage to the other party to the marriage; or by the parents of either party to a
marriage; or by any other person, to either party to the marriage or to any other person; at, or
before, or any time after the marriage, in connection with the marriage of the said parties, but does
not include dower or Mehr in the case of persons to whom the Muslim Personal law (Shariat)
applies.
Thus, there are three occasions related to Dowry:- · Before marriage; · At the time of marriage; or
Any time after the marriage. Valuable security has been defines under section 30 of Indian Penal
Code. According to section 30 the word “Valuable Security” denote a document which is, or
purports to be, a document whereby any legal right is created, extended, transferred, restricted,
extinguish or release, or whereby any person acknowledges that he lies under legal liability, or has
not a certain right. It is clear from the language of section 2 that the word dowry covers not only
things given by bride’s family but also covers things given by bridegroom’s family as the
legislature uses the term any property or valuable security given by one party to the marriage to
the other party to the marriage. But any present made at the time of marriage to either party in the
form of cash, ornaments, clothes or any other article shall not come within the meaning of dowry
unless they are paid as consideration to marriage. Sec 2 of Dowry Prohibition Act also clarifies
that marriage expense includes expenditure incurred on a. Thakka, sagai, tikka, shagun and milni
ceremonies; b. Gifts made by one party to the marriage to other party to the marriage or by the
parents, grandparents and brother of one party to the marriage to the other party of marriage or to
their blood relatives. c. Illumination, food and arrangement for serving the foods to the members
of marriage party and expenses incidental thereto. Only the gifts made by parents, grandparents
and brothers are considered as marriage expenses. Gifts made by other than them do not come
within the purview of marriage expenses. Therefore, article received as presents or gifts at the time
of marriage cannot be termed as dowry.
The punishment for giving and taking dowry or abetting the give and take of dowry was earlier
punishable by imprisonment up to 6 months, or a fine up to Rs. 5,000. Demanding dowry directly
or indirectly from the parents or guardian of a bride was also liable for similar punishment. This
punishment was later enhanced by the amendment act and now these offences are punishable with
a minimum of six months and maximum ten years of imprisonment. The fine limit has been
enhanced to Rs 10,000 or to an amount equivalent to the dowry given, taken or demanded
whichever is more. The court has been given the discretion to reduce the minimum punishment
though in doing so the court is required to record in writing adequate and special reasons for doing
so. (Sec 3 and 4 of the Dowry Prohibition Act, 1961).
However, Section 4 clearly mentions that there must be a demand of dowry. If dowry is not
demanded provisions of this section does not attract. While taking the evil of dowry more seriously
Parliament inserted Section 4-A imposing a ban on advertisement. Accordingly, if any person
through an advertisement offers any share in his property or business or of any money or any other
interest as consideration for the marriage of his son and daughter or any other relative and print,
publish and circulate any such advertisement, he shall be punished for a term of imprisonment
which shall not be less than six months but which extend to five years. He may also be liable to
fine up to fifteen thousand rupees. The court has power to impose a punishment of less than six
months if it has adequate and special reasons for it. The court has to mention its reasons in the
judgment for awarding a punishment less than six months. Advertisement may be in any
newspaper, periodical, journal or through any other media. Therefore, any kind of advertisement
offering any consideration for marriage by parents or relatives of a girl or boy is strictly prohibited
and punishable under the Act. Section 5 is also one of the steps to prohibit giving and taking of
dowry. It states that any agreement for giving and taking of dowry shall be void. Therefore, such
an agreement cannot be enforced under Indian Contract Act, 1872. Section 6 provides for transfer
of dowry received by any person other than the women in connection with whose marriage such
dowry is given.
According to this section if any such dowry is received by a person then he shall transfer such
property to that woman –
a. If such dowry is received before marriage, within three months after the marriage
b. If the dowry is received at the time of marriage or after the marriage, within three months after
the receipt of it
c. If the dowry is received when the woman is minor, within three months after she attains the age
of eighteen years. Till the property is transferred such person shall hold the property in trust for
the benefit of woman. If such person fails to transfer the property within the time limit prescribed,
he may be punished with an imprisonment for a term not less than six months but which may
extend to two years or with fine not less than five thousand rupees but which may extend to ten
thousand rupees or with both. In case where the woman dies before receiving the property then her
heirs would be entitled to claim such property from such person.
But if such woman dies within seven years of her marriage and the death is not occurred due to
natural causes then her property shall be
a. Transferred to her children, if she has children;
b. Transferred to her parents, if she has no children. When a person is convicted for failure to
transfer property, the Court in addition to punishment for non-transfer may also direct that such
person shall transfer the property to that woman and if the woman is died within seven years of
her marriage and the death is not occurred due to natural cause to her children or parents as the
case may be. Section 7 of the Act states that only a Metropolitan Magistrate or a Judicial Magistrate
of first class shall have jurisdiction to try a case under this Act. No court inferior then that can try
cases under Dowry Prohibition Act.
Court is empowered to take cognizance of offence under the Act only on:
Its own knowledge or on receiving a police report of the fact which constitute such offence or b.
A complaint by the person aggrieved or by parents or other relatives of such person or by any
recognized welfare institution and organization. Recognized welfare institution means a social
welfare institution and organization recognized by the Central or State government in this behalf.
Section 8 states that offence shall be considered to be cognizable for some purposes and Code of
Criminal Procedure, 1973 shall apply to the Act. Offences shall consider being cognizable: a. For
the purpose of investigation of such offences; b. For the purpose and matter other than the matter
referred in section 42 of the Act i.e. when a person refuse to give his name, residence etc. and the
arrest of a person without warrant or without an order of the magistrate. Every offence under this
Act shall be non-bailable and non-compoundable. Section 8-A provides that if any person has been
prosecuted under this Act either for giving, taking and demanding dowry, the burden to proving
that he had not committed such offence shall lie upon prosecuted person. Appointment and
functions of Dowry Prohibition Officers is provided under section 8-B of the Act. This section
provides that State Government may appoint as many Dowry Prohibition Officers as it thinks fit.
The State Government is also empowered to specify their jurisdiction and functions. Following
are the functions and powers of Dowry Prohibition Officer;
1. To see that the provisions of the Act are complied with
2. To prevent taking, abetting of taking and demanding of dowry
3. To collect such evidence as may be necessary for the prosecution of persons committing
offences under the Act.
4. To perform such other functions as may be assigned by the State Government. State Government
has power to assign the powers of police officer to dowry prohibition officers. The State
Government may also appoint and advisory board consisting of not more than five social workers
out of which two should be women for the purpose of assisting and advising the Dowry Prohibition
Officer in the efficient performance of their function. Section 9 of the Act gives power to the
Central Government to make rules for carrying out the purpose of Dowry Prohibition Act. Section
10 has given the rule making powers to the State Government for carrying out the purpose of this
Act.
The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and the Bridegroom)
Rules, 1985
In exercise of the powers given under Section 9 of the Dowry Prohibition Act, the Central
Government has enacted The Dowry Prohibition (Maintenance of Lists of Presents to the Bride
and the Bridegroom) Rules, 1985. These rules came in to effect from October 2nd, 1985. It
provides that the bride shall maintain a list of presents which are given to her at the time of marriage
and the bridegroom shall maintain a list of presents which are given to him at the time of marriage.
Every such list shall be maintained by the bride or bridegroom as the case may at the time of
marriage or as soon as possible after the marriage. Such list shall be in writing and must contain
the following:
a. a brief description of each present
b. the approximate value of present
c. the name of the person who has given the present
d. where the person giving the present is related to the bride or bridegroom, a description of such
relationship Such list must be signed by both bride and the bridegroom. If the bride or bridegroom,
as the case may be, is unable to sign the document, the list shall be read over to her and the person
reading the list shall put his signature on the list and thereafter the bride or bridegroom shall put
her thumb impression on it.
All agreements with regard to giving and taking dowry are null and void and they cannot be
enforced in any court of law. When a person other than the woman to be married, receives any
dowry, such person is required to transfer it to the woman within three months of its receipt. In
case the bride is a minor then it must be transferred to her within three months of her attaining
majority. In cases where the bride dies before such transfer then her heirs would be entitled to the
same. Failure to do so is construed as a dowry offence punishable under this act and in such cases
courts do not have the discretion to award lesser sentence than the prescribed minimum.
The jurisdiction to try dowry offences lies only with the metropolitan magistrates or magistrates
of the first class. Cognizance of dowry offences can be taken by the magistrate himself, or on the
basis of a police report of the facts which constitute such an offence, or on a complaint lodged by
a parent or other relative of such person, or on the basis of a complaint lodged by a recognized
welfare institution or organization. Usually the bride or her parents are hesitant to complain, so the
recognition of complaints lodged by welfare organizations has broadened the scope of this act.
Dowry Prohibition (Amendment) Bill 2010
Amendments have been brought about in the Dowry Prohibition Act to remove the defects which
existed in the main legislation. The ministry of women and child development (MWCD) is seeking
further amendments in the existing provisions of the Dowry Prohibition Act, 1961 in order to
provide more teeth to dowry prohibition laws. In 2009 the National Commission for Women
proposed some changes to this act. These recommendations were discussed in an Inter-Ministerial
meeting and the Dowry Prohibition (Amendment) Bill 2010 was drafted in consultation with the
Ministry of Law and Justice. The highlights of the proposed amendments are
1. Authorize the Protection Officers appointed under the Domestic Violence Act, 2005 to carry
out the duties of Dowry Protection officers too.
2. Allow women to file dowry complaints at the place where they temporarily or permanently
reside.
3. Prescribe lesser punishment for giving dowry and higher penalty for taking the same as usually
the girl’s parents are compelled to give dowry against their wishes and prescribing same
punishment for them discourages them from complaining.
4. There should be a clear distinction between "gifts" given voluntarily and those given under
compulsion or duress
5. Make it mandatory for the couples to maintain in the form of a sworn affidavit the list of all gifts
exchanged in connection with the marriage and get that list duly notarized by a Dowry Prohibition
Officer. Non-compliance with the above requirement would attract penalty for the groom, the bride
as well as their parents.
 Legal Perspective of Dowry System and its prohibition

Problem of Dowry Deaths in India:

Dowry death means death in relation to dowry. Death of a bride caused by homicide or suicide
within seven years of her marriage on account of dowry related harassment is termed as dowry
death. Most dowry deaths occur when the bride, unable to bear the harassment and torture,
commits suicide. This is known as constructive homicide whereby instead of killing of a person
by another person, such circumstances are created, whereby the victim is forced to take his/her
own life.

Provisions to check dowry deaths under the IPC:

Dowry death has been defined in section 304-B of IPC as follows: “When the death of a woman
is caused by any 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, such death shall be called ‘dowry death’, and such husband or relative
shall be deemed to have caused her death”.

Essential Ingredients of Section 304-B IPC:

· Death of a Woman:
Whether homicidal or suicidal, must be caused.

· Death to be non –natural:

For this the prosecution is required to rule out the possibility of a natural or accidental death so as
to show the death occurred under non-natural circumstances. Death due to burning, bodily injury,
strangulation, poisoning, hanging etc. is all non-natural causes of death

· Death to occur within seven years of her marriage:

For prosecution under 304-B the statutory time period of seven years must not have elapsed. This
period of seven years has to be counted from the date of marriage and not from the date of the
ceremony of sending of the girl. In D.S. Shishodia v. K.C. Samdariya (2001 Cr.L.J. NOC 156 Raj)
the Rajasthan High Court held that the date of marriage should be reckoned from the date of
solemnization and not from the date of ‘Muklava’ ceremony.

· She must have been subjected to cruelty or harassment by her husband or any relative of
her husband:
The term cruelty used here includes physical as well as mental cruelty and also of the description
mentioned under section 498-A of Indian Penal Code. In the case of Shanti (Smt.) v. State of
Haryana3. The supreme court said, “In Section 304B there is no explanation about the meaning of
‘cruelty’ but, having regard to the common background of such offences, we have to take that the
meaning of ‘cruelty or harassment’ will be the same as we find in the explanation to Section 498A
under which cruelty by itself amounts to an offence and is punishable”.

3
(AIR 1991 SC 1226)
Such cruelty or harassment should be for, or in connection with demand for dowry:
The word ‘Dowry’ has to be understood as it has been defined under Section 2 of the Dowry
Prohibition Act, 1961. The crucial words in the definition are ‘in connection with the marriage of
the said parties’. This means that “giving or agreeing to give any property or valuable security at
any time should be in connection with the marriage of the parties. There can be many other
instances of payment of money or giving property to any of the spouses. For example some
customary practices in connection with the birth of a child or other ceremonies are prevalent in
different societies. Such payments are not enveloped within the ambit of the term ‘dowry” in Satvir
Singh v. State of Punjab4. Similarly demand for money on account of financial stringency or for
meeting urgent domestic expenses are not demand for dowry in Appasaheb v. State of
Maharashtra5.

Such cruelty or harassment should be shown to have been meted out to the woman soon
before her death.
The words ‘soon before her death’ used in Section 304-B of IPC and Section 113-B of the Evidence
Act means that there must be a proximate and live link i.e. a perceptible nexus between the effect
of cruelty based on dowry demand and the concerned death. The time interval between the two
must not be much.

Punishment for Dowry Death:

The law prescribes a minimum sentence of seven years for one who is found guilty of dowry death
and there is discretion with the judges to award a higher sentence. Generally, the legislature
prescribes the maximum punishment that can be awarded in case of a particular crime and the
judges have a discretion to award lesser sentence, if they deem it appropriate to do so, but in case
of Dowry death, the minimum punishment to be awarded has been laid down as 7 years and the
judges have liberty to award higher sentences. Although the 18th Law Commission has
recommended increasing the minimum sentence in dowry death cases to ten years from the present
term of seven years but the suggestion to increase the maximum punishment from life
imprisonment to death sentence was turned down.

Presumption as to dowry Death:

As per Section 113-B of Indian Evidence Act, 1872 in a case related to dowry death, the
prosecution has to prove only that a woman has died a non natural death within seven years of her
marriage and she was being tortured or harassed before her death for dowry. If this can be proven
then the law presumes that it is a case of dowry death and the burden of proving innocence is
shifted on to the accused persons. The importance of such a provision was highlighted by the court
in the following words, “The crimes related to killing of bride for dowry are committed in complete
secrecy inside the house and it becomes very difficult for the prosecution to lead evidence to
establish the guilt of the accused if strict principles of circumstantial evidence are insisted upon by
the courts. A judge does not preside over criminal trial merely to see that no innocent person is

4
(2001) 8 SCC 633
5
AIR 2007 SC 763
punished but he also presides to ensure that a guilty man does not escape. When an offence like
murder is committed in secrecy inside a house, the initial burden to establish the charge cannot be
of the same degree as is required in other cases of circumstantial evidence. The burden would be
of a comparatively lighter character. In view of Section 106 of the Evidence Act, there will be a
corresponding burden on the inmates of the house to give a cogent explanation as to how the crime
was committed. The inmates of the house cannot get away by simply keeping quiet and offering
no explanation on the supposed premise that the burden to establish its case lies entirely upon the
prosecution and there is no duty at all on the accused to offer any explanation” in Trimukh Maroti
Kirkan v. State of Maharashtra6

Legitimacy of marriage for affixing liability for dowry death:

What would be the liability of a husband in cases where the validity of the marriage itself was
disputed? Reema Aggarwal v. Anupam7 is a very important case wherein the Supreme Court
discussed the applicability of anti-dowry laws to cases where the validity of the marriage itself was
in question. Justice Arijit Pasayat stated that “The expression ‘husband’ should be construed to
cover a person who enters into a marital relationship and, under the color of such proclaimed or
feigned status of husband, subjects the woman concerned to cruelty or coerce her in any manner
or for any of the purposes enumerated in the relevant provisions i.e. section 304-B and section
498-A. Whatever be the legitimacy of marriage , in cases of this nature statutes have to be
purposively construed so as to give effect to the legislative intent and fulfill the purpose with which
such provision was enacted. The absence of definition of ‘husband’ to specifically include such
persons who contract marriages ostensibly and cohabits with such woman in the purported exercise
of his role and status of husband is no ground to exclude them from the purview of sections 304-
B and 498-A viewed in the context of the very object and aim of the legislations introducing these
provisions”.

Misuse of Sections 304B and 498A of the IPC:

In the case of Sushil Kumar Sharma v. UOI & others8, the Supreme Court said that, “The object
of these provisions is to prevent and control the menace of Dowry. But, many instances have come
to light where the complaints are not bona fide and have been filed with oblique motive. In such
cases acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior
to trial. Sometimes adverse media coverage adds to the misery. The question therefore is what
remedial measures can be taken to prevent abuse of the well-intended provisions. Merely because
these provisions are constitutional and intra vires, does not give a license to unscrupulous persons
to wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the
legislature to find out ways how the makers of frivolous complaints or allegations can be
appropriately dealt with. Till then the Courts have to take care of the situation within the existing
frame work. It is to be noted that the role of the investigating agencies and the courts is that of
watch dog and not of a bloodhound. It should be their effort to see that an innocent person is not
made to suffer on account of unfounded, baseless and malicious allegations".

6
2007 Cr.L.J. 20 SC
7
2004 Cr.L.J.892 SC
8
(JT 2005(6) SC 266)