AUTHOR: Greeshma Binduraj
INTRODUCTION
A dowry is a social evil in society rooted deep in Indian tradition. It refers to a payment, such as property or money paid by the bride’s family to the groom’s family at the time of the marriage. Bride service is when the groom’s family gives money, goods or services to the bride’s family as part of the marriage arrangement. Dower, also known as Mahr in some cultures refers to the mandatory gift or payment given by the groom to the bride. It is a symbolic and financial gesture of respect and commitment from the husband. It remains under her full ownership and control.
Under Section 2 of the Dowry Prohibition Act, 1961, dowry is defined as any property or valuable security that is given directly or indirectly by one party of the marriage to another party of the marriage or by the parents of either party of the marriage to the other party at or before or even any time after the marriage if it is in connection with the marriage of the said parties. However, this excludes “dower” and “mahr” in the case of persons to whom Muslim Personal Law (Shariat) applies.
LAWS RELATED TO DOWRY IN INDIA
Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961 was enacted by the Parliament to prohibit giving or taking of dowry. It extends to the whole of India except Jammu and Kashmir. The act consists of several provisions that describe the penalties for the act of giving or taking dowry.
Section 3 of the Dowry Prohibition Act is concerned with the penalty for giving or taking dowry. According to this section, if any person after the enforcement of this act, gives or takes or abets the giving or taking of dowry, he shall be punished with imprisonment for not less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of value of such a dowry, whichever is more. However, this excludes presents given at the time of the marriage to the bride or the bridegroom (without any demand having been made in the behalf).
Section 4 of the Dowry Prohibition Act deals with penalty for demanding dowry. According to this section, if any person demands dowry directly or indirectly from the parents or relatives or guardian of bride or bridegroom then he shall be punishable with imprisonment for a term not less than six months which may extend to two years and with fine which may extend to ten thousand rupees.
Section 4A of the Dowry Prohibition Act places a ban on advertisements offering dowry. According to this section, if any person offers, through advertisements in newspapers, magazines, journals, or any other form of media to give a share of his property, money or business as a condition for the marriage of his son, daughter or any relative as a condition it is considered a punishable offence. Similarly, if someone prints, publishes or circulates such advertisements, they are also liable under this section. They shall be punishable with imprisonment for a term which shall not be less than six months but may extend to five years or with a fine which may extend to fifteen thousand rupees.
Section 6 of this act imposes a penalty on any person who fails to transfer the dowry to the bride within the specified time. If someone other than the bride receives the dowry and does not hand it over to her within three months of the marriage or receiving it they are considered to be wrongfully holding her property. In such cases, the person shall be punished with imprisonment for not less than six months which may extend to two years or with a fine which shall not be less than five thousand rupees which may extend to ten thousand rupees or with both.
Indian Penal Code
Section 304B of the Indian Penal Code deals with offense of dowry death. According to this section, if a woman dies due to burns, bodily injuries, or under unnatural 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 or in connection with any demand for dowry, such death shall be called “dowry death”, and such husband or relative would be declared as the cause for her death. The punishment for committing such a dowry death under this section is imprisonment for a minimum of seven years which may extend to imprisonment for life.
Section 498A of the Indian Penal code addresses the offense of cruelty by husband or his relative to a married woman. According to this section, if a husband or any of his relative subjects a woman to cruelty then they shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine. The term cruelty in this section refers to two specific situations:(a) Any wilful conduct that is likely to drive a woman to commit suicide or to cause grave danger to their life, limb or health,(b) Harassment of the woman where such harassment is done with a view to coerce her or any person related to her to meet any unlawful demand for any property or valuable security or is due to failure by her or any person related to her to meet such demand.
Indian Evidence Act, 1872
Section 113B states that if soon before a woman’s death she 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.
LANDMARK JUDGEMENT CASES
In the case of State of Maharashtra v. Chandrabhan Tale (2023) the Supreme Court addressed the role of circumstantial evidence in dowry death cases. In this case a woman died under suspicious circumstances and amid allegations of dowry harassment. The lower courts acquitted the accused finding insufficient direct evidence linking the harassment to death. The Supreme court held that circumstantial evidence such as prior demands of dowry, threats and physical abuse can be sufficient to convict provided they form a coherent narrative establishing a chain of events leading to the death.
In the case of Rajinder Singh v. State of Punjab (2015), the Supreme Court clarified the meaning of the phrase “soon before death” in the context of dowry death under Section 304B of IPC. The case involved the death of Salwinder Kaur, who had consumed poison within four months of her marriage. Her father testified that her husband Rajinder Singh had demanded money for house construction and although initially he had given him a she-buffalo, he was unable to meet further demands at the time. She was reportedly harassed again several months later. The trial court convicted Rajinder Singh under Section 304B, and the High court upheld the conviction. The court held that the term “soon before death” does not imply “immediately before death” but must indicate a proximate and continuing link between dowry demand and woman’s unnatural death. Thus, the conviction was sustained, reinforcing that dowry related harassment need not occur right before death as long as it shows a persistent cause leading to it.
In State of Bihar v. Ramesh Singh (1977), the Supreme Court addressed the applicability of Section 3 and 4 of the Dowry Prohibition Act, 1961 which is concerned with giving, taking and demanding of dowry. The case involved allegations that the groom’s side had received cash and jewellery from the bride’s family in connection with the marriage. The defence argued that these were gifts and not dowry. However, the court held that any valuable security or property given in “connection with the marriage” falls under dowry regardless of whether it was voluntarily offered or demanded. The judgement reinforced that both giving and taking dowry is punishable.
CONCLUSION
The Dowry system despite being legally prohibited, continues to plague Indian society, often resulting in emotional abuse, violence and even death. Over the years, the legal system has tackled dowry using various legal provisions like Dowry Prohibition Act, Indian Penal Code and Indian Evidence Act. Landmark Judgements have further clarified application and scope of these laws and how they can be used to protect women. However, in order to observe true change, there should be strict enforcement of these laws to ensure compliance and increased awareness on the concept of dowry and its legal implications.
