INTRODUCTION

According to section 2 of Dowry Prohibition Act, 1961, the term “dowry” means any property or
valuable security given or agreed to be given either directly or indirectly.OR , The property or
money brought by a bride to her husband on their marriage is called dowry.

Today Dowry and related offences even death at the end is a burning issue of the Indian society.
It is increasing day by day due to social inheritance, traditional mentality and life style in the
family. Dowry death is a big challenge to the modern society, moral values, police, and forensic
experts as well as to legal officers and justice not only to eliminate this social hazard but also to
punish the culprits in effective manner to make the world free from it forever. In majority cases
of bride killing or bride burning or dowry death, problem is created by the female themselves
against their own sex. It has been usually found that approach of mother in law is different from
bride's mother. Initially at the time of marriage, money is given by bride’s family as per demand
of the in laws but later on hunger of dowry is increasing extremely high which is followed by
torture of bride and ends up in her death. In other words, in bride burning cases, crime is
normally abetted and even committed by the females themselves.

The unnatural death of newly married young woman due to dowry is routine headline of every
newspaper and media even today. Self burning by females after death of her husband in Hindu
community is traditionally accepted and matter of proud as in ' Pratha' or 'Joher'. But nowadays,
large number of newly married young women are burnt alive by their husbands and / or in laws
or forced by them to end their unhappy life, while a few others are killed first and then burned to
hide the crime. In majority of these cases, dowry is the prime motive behind this terrible crime.

There is Roughly between 8,000 and 9,000 dowry deaths occur each year in India. And these
death occur when  wife’s family did not pay enough, or they do not pay the husbands family fast
enough. The payments can include things from money, to even vehicles.  In most cases the wives
are set on fire and burn alive. Some still live and have to live with terrible burns and must
undergo countless numbers of surgeries. Another common way for the in-laws to torture the
women is to pour acid on her. Although the dowry system is illegal, people continue to do it. 

The Protection of young married women harassment and cruelty on account of dowry is
responsibility of government. Social organization and media may also effectively contribute by
developing awareness regarding this issue and mobilizing the support of society against this
terror.
 Laws related to dowry deaths
There are several laws which prohibit the dowry-

1-Dowry Prohibition Act, 1961

Penalty for giving and taking dowry (Section 3) – According to section 3, if any person after the
commencement of the Act gives or takes, abets the giving or taking of dowry shall be punished with
an imprisonment for a term not less than five years and with fine which shall not be less than fifteen
thousand rupees or the amount of the value of dowry, whichever is more.

Penalty for demanding dowry (section 4) – According to section 4, if any person directly or
indirectly demands dowry from the parents, relatives or guardians of the bride or the bridegroom
shall be punished with an imprisonment of not less than six months and which shall extend to two
years and with fine which may extend to ten thousand rupees.

The Supreme Court has held in Pandurang Shivram Kawathkar v. State of Maharashtra 1 that the
mere demand of dowry before marriage is an offence and In Bhoora Singh v. State of Uttar
Pradesh2the court held that the deceased had before being set on fire by her in-laws written a letter to
her father that she was being ill-treated, harassed and threatened with dire consequences for non-
satisfaction of demand of dowry. Thus an offence of demanding dowry under section 4 had been
committed.

Ban on advertisement (section 4-A) – According to section 4-A, the advertisement in any
newspaper, journal or through any other medium or a share in the property, business, money, etc by
any person in consideration for marriage shall be punished with an imprisonment which shall not be
less than six months and which may extend to five years or with fine which may extend to fifteen
thousand rupees.

2-Indian Penal Code, 1860

1
2001 Cr LJ 2792 (SC)
2
1993 Cri LJ 2636 All
Dowry Death (section 304 B)- Where 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 relatives shall be deemed to have caused her death.

Explanation – For the purposes of this sub section, “dowry” shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961.

Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.

In Vemuri Venkateshwara Rao v. State of Andhra Pradesh 3, the court has laid down the
following guideline for establishing an offence under section 304(B) and they are That there is a
demand of dowry and harassment by the accused,That the deceased had died, or That the death is
under unnatural circumstances. Since there was demand for dowry and harassment and death within
7 years of marriage, the other things automatically follow and offence under section 304-B is proved.

Husband or relative of husband subjecting women to cruelty (section 498-A) – Husband or

relative of husband of a woman subjecting her to cruelty- Whoever, being the husband or the
relatives of the husband of a woman, subject such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also be liable to fine.

 Explanation – For the purpose of this section “cruelty” means –

1. Any willful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman, or
2. Harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security
or is on account of failure by her or any person related to her to meet such demand

3
1992 Cri. LJ. 563 A.P
In Bhoora Singh v. State4 it was held that the husband and in-laws subjected the wife the cruelty for
bringing insufficient dowry and finally burnt her down, thereby inviting a sentence of three years
rigorous imprisonment and a fine of Rs.500/- for an offence committed under section 498-A of
Indian Penal Code.

3-Indian Evidence Act, 1872

Presumption as to dowry death (Section 113 B) – When the question is whether a person has
committed dowry death of a woman and it is shown that soon before her death such woman had been
subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry,
the court shall presume that such person had caused the dowry death.

Explanation – For the purpose of this section “dowry death” shall have the same meaning as in
section, 304B of the Indian Penal Code (45 of 1860).

Causes of Dowry
4
1993 Cri. LJ 2636 All
There are many causes of dowry-
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.Lack of Willingness to adhere to laws: The Government of our nation has drafted several
legislation to counteract the dowry system. However, after the decades of drafting, these laws are
still insignificant and this social evil still resides in our society. Seemingly, the primary reason
behind the failure is lack of mass participation. People pay no heed to such laws and make sure
to exploit the dowry system to gain material benefits under the veil of a marriage proposal.
Hence, the demands are made, and owing to ignorance of anti-dowry laws, the bride’s family
suffer at the hands of the groom and his family.

 9. 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.