Review of Dowry Laws in India with special

Reference to women

Submitted to: Dr. Eritriya Roy

Asst. Professor (H.N.L.U)

Submitted by: Sanket Jamuar

Sem- III, Sec- B
Roll No - 128

Date of Submission – 3rd Sept, 2019

Hidayatullah National Law University

Atal Nagar (C.G), 492002
 Declaration
I, hereby declare that the project work titled “review of dowry laws in India with
special reference to women” is my own work and represents my own ideas and
where others’ ideas or words have been included, I have adequately cited and
referenced the original sources. I also declare that I have adhered to all principles
of academic honesty and integrity and have not misrepresented or fabricated or
falsified any idea/data/fact/source in my submission. It is a record of bona fide
project work carried out by me under the guidance of Dr. Eritriya Roy, Professor,
Economics, H.N.L.U, Raipur. I further declare that the project has not been
submitted, either in part or in full, for the award of any other degree or diploma in
any other institute or university.

Sanket Jamuar
Semester-III, Section-B
Roll no.-128
 Acknowledgement

First and foremost, I would like to thank Eritriya Mam for offering this topic and
for her valuable guidance and advice. She inspired me greatly to work in this
project. Her willingness to motivate me contributed tremendously to my project. I
also would like to thank his for showing me some example that related to the topic
of my project. Besides, I would like to thank the Hidayatullah National Law
University for providing me with a good environment and facilities to complete
this project. Last but not least, my friends who helped me do this project by sharing
their ideas when we combined and held productive deliberations together.

Sanket Jamuar
 Table of contents

Introduction…………………………………………………………………..1

Why is Dowry demanded.............................................................................3

Dowry Laws in India…………………………………………………………5

Dowry as defined in Dowry Prohibition Act…………………………………8

Penalty for Dowry demand…………………………………………………...9

Dowry under Evidence Act and IPC……………………………………..….12

Misuse of the Act………………………………………………………..…...13

Methods to curb dowry……………………………………………………...15

Introduction
Dowry is the amount payable during marriage as a consideration for marriage. As per S. 498 A
of IPC dowry demand amounts to domestic violence. It is also a ground for divorce as it amount
to cruelty. Dowry prohibition act has come into force on 1961 however it has failed to curtail
dowry demand.

“Yatra naryastu pujayante, ramyante, tatra devta” (Gods live where woman is worshiped).
Women’s position in ancient India was much better than what it is now. No religious ceremony
was complete without the involvement of women. Instances can be taken from Ramayana where
Ram has to create an idol of Sita as Ashwmegh yaga cannot be completed without a better half.
During 4000-1000 BC women were treated relatively equitably and with a fair deal. It is said
that there were 32 women compilers of Rig Veda who expounded the Vedic literature.

Gradually however, Brahmins monopolized the religious sphere. As opposed to the prior times,
now if any religious ceremony had to take place, the Brahmins alone had the right to conduct it.
People accepted Brahmins as the only means that could have any direct contact with the
Almighty. In the era of Brahmin supremacy patriarchy saw new heights. It is this period that
witnessed the degradation in the position of women among many other evils. Untouchability,
confining knowledge, domination of one group in interpreting texts etc forced women to spend
more time in cooking and caring than in receiving education. Then came the laws- the Smritis
and the Puranas- the laws that further gave a legal backing tothe Brahmin’s supremacy and
absolved all independent status of women. She was now either a daughter or a wife- never an
individual! Education was not her forte any more. She was excluded even from the religious
ceremonies.

In medieval India the status of women suffered a set back. With the advent of Muslim in 1010
A.D, Parda system became prevalent. Women were considered as an evil that incite men and so

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they are asked to cover themselves in hijab. Hindus became very protective of their religion and
that rigidness was visible when freedom of woman was restrained.

During British rule, there was improvement in the status of women. Widow remarriage act,
prohibiting sati and female education was given importance. A public movement headed by Raja
Ram Mohan Roy, Abolition of Sati Act of 1829 was passed during William Bentick’s period.
Keshav Chandra Sen was instrumental in getting Native Marriages Act, 1872, which abolished
early marriages, polygamy and allowed widow remarriages inter caste marriages. Pandit Ishwara
Chandra Vidya Sagar and Prof. Karve were instrumental in getting Hindu widow Remarriage

Act, 1856 passed. Caste Disabilities Removal Act is passed in 1850. Long before India gained
independence, the then provincial Government of Sind passed an enactment known as "Sind Deti
Leti Act, 1939" with a view to deal effectively with the evils of dowry system but the enactment
had neither any impact nor could create the desired effect.

After independence succession law was changed to give equal share to the females. The
customary gift which father gave to daughter, with the passage of time took the shape of dowry.
It was no more voluntary but was extortion. During the last few decades the evils of dowry
system has taken an acute form in almost all parts of the country and in almost all the sections of
society. In a bid to eradicate this evil from the society, the State Governments of Bihar and
Andhra Pradesh enacted "The Bihar Dowry Restraint Act, 1950" and "The Andhra Pradesh
Dowry Prohibition Act, 1958" for the respective States, but both these enactments failed to
achieve the objectives for which they were enacted. The dowry is not peculiar to India alone. We
find this concept in Roman law also. This is a contribution made generally by the father and
bride herself or any other person on her behalf towards the upkeep of the joint household. It
became almost the invariable practice for a “Dos’ to be given to her fair share of expenses. It can
be compared with the concept of stridhana in Hindus which was in the form of ornaments,
clothes, jewelry and cash. The stridhana provided her a sort if financial security. The two
concepts of varadakshina and stridhana together assumed the form of dowry, which was
unknown to ancient Hindu Law.

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Why is Dowry demanded?
Marriage is not a lottery .Dowry is demand by the groom’s family and is given by bride family,
sometimes willingly and sometime unwillingly. Females are considered as depended able
member of the family. So, bride fathers pay the dowry as an economic burden increases in the
groom’s family. Love for money is the root cause of all the evil. Groom’s who are in highly paid
job, are in demand, but their supply is less as compare to demand, so the dowry amount increase
as per the status of the groom. Two explanations for dowry inflation in India are put forward: (i)
the marriage squeeze hypothesis, and (ii) hyper gamy (increased demand for socio-economically
more successful husbands). The marriage squeeze hypothesis maintains that due to population
growth and the gender age gap at marriage, marriageable men are scarce relative to marriageable
women. The econometric evidence for India on this hypothesis is not conclusive.

The urban-rural ratio of per capita domestic product increased from 1.83 in 1950 to 2.56 in
1970. Given the slow pace of urbanization, there is a large return for a rural bride to be able to
marry an urban groom. As Caldwell, Reddy, and Caldwell emphasize, “Parents desire their
daughters to marry educated men with urban jobs, because such men have higher and more
certain incomes, which are not subject to climatic cycles and which are paid monthly, and
because the wives of such men will be freed from the drudgery of rural work and will usually
live apart from their parents-in-law.

In a sellers’ market, created by relative scarcity, there was no alternative but to offer a dowry
with one’s daughter.” Consistent with this explanation, one finds that in South India, especially
in Madras, in the 1930s the practice of dowry spread firstly among the Brahman community
where men gained early access to European education and salaried employment in the public
sector. Moreover, all over India, new opportunities to earn cash wages in factories, government
jobs, and white collar occupations have been secured more by men than women. Therefore, even
in the urban context, brides’ potential contribution to family income has become relatively
smaller when compared to prospective grooms. The hyper gamy theory may explain the
expansion and intensification of the practice of dowry occurring in recent decades in India.

Sometimes women themselves ask for dowry as one who brings more dowries is respected more
in comparison to women’s who bring less dowry. Daughters did not have property right in her

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father’s property so she received gifts during her wedding. It was only after 2005 that daughters
were made coparceners. But property right has nothing to do with dowry demand. There are
many instances were in marriage of single daughters too one has to give dowry. Usually parents
give daughters more than their capacity. They have to sell their property, take loan from people
to satisfy the want of groom family. At the time of marriage, women were given jewelries and
clothe. This was given out of love and affection. The groom family neither asked for it nor was
this gift a burden on the bride family. The property she held was her own and it constitute her
strid han. However there is much difference between stridhan and dowry. Stridhan does not
comprise of what a woman gets from her parents but it also included all that she received from
her husband and also in-laws. No body has a right over this property of women. She was the sole
owner and after her death it was distributed as she desired. Dowry is given as a consideration of
marriage. Bride has no right over it and it is used and spent in the manner as desired by groom’s
family.

To understand the reason why dowry is given, it is important to find out, where the dowry
amount is spend. Mr. Ranjan Prasad has two sons. He said that in the marriage of his eldest son,
he received more dowry as compare to his younger son. So, his eldest daughter in law got more
jewelry from their side. Majority of amount which is given as dowry is spend by groom’s family
in marriage ceremonies. The amount of jewelries, cloths or other gifts which bride family
receives depends on the amount they pay as dowry. However there are also many families who
take dowry to invest in other plans. There are chances that these families may exploit bride to get
more and more from their parents. These families marry their sons in such families who offer
maximum amount of dowry.

Dowry is a means or an instrument in the hands of grooms who uses it to harass the females. It is
a known fact that divorce is not very common in Indian society, so males exploit this fact by
asking women for more dowries. Social stigma never allows women to leave her husband house
and return to her father’s house. Here starts all form of torture and inhuman treatment which is
called domestic violence. Husband knew that it is travailing father still he will endeavor hard for

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it. Early marriage, illiteracy of girl, population problem all are directly linked to dowry demand.
Bride parents do not want to educate their girl child as the money which they have saved is for
their marriage and not for their education. So they want to marry their daughters as early as
possible and shift the burden of education on groom’s family. After marriage bride has to
discharge the responsibility of being a daughter-in-law and a wife who is the carrier of “family
culture” and tradition. It is true that many families do respect the wishes of their daughter in law
and support her. But it can not be denied that she is not independent. She has to dependent on the
wishes of others. Right from Manu Smriti to present day India the same ideology is revolving;
i.e. women should not be independent. She has to adhere to her father than her husband and
finally her son. Hinduism is one of the few religions where we have female deities, but in reality
women are burnt, tortured and abetted to commit suicide, the reason being dowry.

Dowry Laws is India

The perspective of Government from “Welfare to Development” is seen only since 6th five-year
plan. By 7th plan Government of India focused on “Socio-Economic Programmes for Women”.
This not only inculcated confidence about their own potential but also made women realize their
rights and privileges.

Department of Women and Child Development (in the Ministry of Human Resource
Development) was set up in 1985. The Department has responsibility of coordinating and
monitoring programmes for development of women under different ministries. For Technical
Support the Government in 1986 setup National Institute of Public Co-operation and Child
Development. In Government of India we observe there are as many as 15 programmes for the
development of women, which have 30 schemes exclusively for women, the other 52 being for
men and women. Government spends 575 crores on these schemes which are for the economic
development, welfare, education, health, nutrition and awareness of women. However, we must
admit the reach of these programmes to rural, poor and tribal women is low. There is rarely a
spokesperson or advocate for the slain bride, and the legal system is often inaccessible for all but
the upper classes. Those citizens aware of the remedies under the law are usually reluctant to
pursue them. Overflowing dockets11 and unreliable police investigations make enforcement of

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dowry-related legislation weak at best. Theoretically, this gap between social ill and domestic
legislation should be filled by the international human rights regime, which aims to remedy
serious human rights violations when nations are unwilling or unable to do so using their
sovereign powers. Unfortunately, the current international human rights mechanisms do not
adequately address problems such as dowry murder, where domestic efforts to combat the
problem have already been attempted.

India is a party to several human rights instruments which provide theoretical remedies to the
dowry murder problem, including the International Covenant on Civil and Political Rights
(ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and
the Convention on the Rights of the Child (CRC). CEDAW codifies the rights most relevant to
the discussion of dowry-related violence: the rights of women. CEDAW was adopted by the
United Nations in 1979, and is often referred to as an international bill of rights for women.
CEDAW marked a vital point in human rights discourse, as women's rights were formally
recognized as worthy of a special committee and unique consideration. CEDAW defines
discrimination against women and codifies responsibilities of state parties to combat such
discrimination. CEDAW proposes that state parties use legislation-oriented remedies to combat
violence and discrimination against women. Such provisions include the incorporation of gender
equality clauses into their legal systems, and the creation of special tribunals to enforce these
clauses. Since anticipation of a high dowry demand frequently results in the abortion of female
fetuses and the murder or abandonment of female infants and children, the CRC is another
international human rights treaty critical to the discussion of dowry- related violence. The CRC,
as its name suggests, encodes the specific rights of children deemed necessary for children to live
full and productive lives. The CRC defines a child as any individual under the age of eighteen.
The following rights encoded in the CRC are relevant to the discussion of dowry-related
violence: the right of each child to be afforded the rights contained in the CRC without
discrimination; the right to life; the right to form his or her own views; freedom of expression,
thought, conscience and religion; protection from mental and physical violence; the right to
education; and the right to be protected from economic exploitation. CEDAW has effectively
recognized the status of women as a vital element of human rights discourse, and most
importantly, an element deserving of its own monitoring mechanism. However, CEDAW, with

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its heavy emphasis on legislative mechanisms, holds India to standards that are not meaningful
given the current status of dowry-related legislation. Other CEDAW provisions are plainly
unrealistic in a developing nation. Clearly, CEDAW seems designed largely for nations who
have yet to enact particular legislation, and less for those whose problems cannot be solved by
law alone. If CEDAW could adequately address the complexity of gender problems like dowry
murder, the result would be a more meaningful set of rules to which developing nations could
realistically adhere.

Besides recommending that India adhere more closely to CEDAW's provisions, the CEDAW
Committee has also urged India to sign and ratify CEDAW's Optional Protocol ("the Optional
Protocol"), which allows women to appeal individually to the CEDAW Committee for violations
committed against them. The Optional Protocol to CEDAW, similar to the well-known Optional
Protocol under the ICCPR, allows the CEDAW Committee to hear petitions from individual
women, as well as groups of women, who feel that their rights under CEDAW have not been
respected and enforced. In addition, under the Optional Protocol, the CEDAW Committee
conducts investigations of "grave and systematic" violations of the CEDAW Convention at its
discretion. Only states that are parties to CEDAW are able to join the Optional Protocol. Though
India is a party to CEDAW, it has not joined the Optional Protocol.

The Dowry Prohibition Bill was passed in the Joint Sittings of both the Houses of Parliament and
it became an Act - The Dowry Prohibition Act, 1961 (28 of 1961) and it received the assent of
the President on 20th May, 1961. Dowry Prohibition Act, 1961 was amended twice once in 1984
and second time in 1986 – and the second amendment came into existence on 19th November
1989 - whereby the offence is made cognizable and the punishment is enhanced. Any agreement
for giving or taking dowry is void. But there is no answer to the question that if marriage is
commenced based on void agreement than will the marriage also is void.

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Dowry as defined in Dowry Prohibition Act
Dowry means any property or valuable assets given by one party in marriage to another party in
marriage. However there hardly exists a case where dowry is given by bridegroom to the bride.
So, one can easily make out that dowry is given by bride family to groom family. Dowry does
not include anything given as a custom but such gifts must be entered in a list maintained in
accordance with rule made under this Act. If any dispute arose as to whether a particular item
given during or before or after marriage by one part to another party to marriage is a gift or
dowry, court will consider the financial status of the person giving gift. If it appears that it is
more than what a person can afford court may very well presume that it is a dowry and not a gift.
A demand for money on account of some financial stringency or for meeting some urgent
domestic expenses or for purchasing manure cannot be termed as a demand for dowry- as the
said word is normally understood. So the term dowry must be interpreted in a striker sense.
Broad meaning to the word dowry will result in miscarriage of justice. Dowry is a criminal
offence, so strict interpretation should be given to the terms used in the act.

The difference between dowry and gift as per Sec. 2 of DPA is that anything which is given
without demand and the person giving it or on behalf of bride or any person related to bride, such
presents are of customary nature and the value thereof is not excessive having regard to the
financial status of the person by whom, or on whose behalf presents are given is a gift. Dowry
means anything given in consideration of marriage and it affects the financial status of the
party32. If one alleges dowry demand than one has to prove that the things demanded were in
consideration of marriage, and the defense to it lies in proving that the things were not demanded
and whatever was received was a gift which is of customarily nature. All such gift must be
mentioned in the list in accordance with the act. It is very hard to prove that there exist a nexus
between things given and marriage. Customary payments i.e., given at the time of birth of a child
or other ceremonies as are prevalent in different societies are not covered by the expression
dowry. What is required is that there must be a reform as indirectly taking of dowry is allowed.
In India wedding is not confined to bride and groom only. Everybody including the neighbor
takes part in it. So it is a cause to be celebrated with great pomp and show. Given this,

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celebrations, which are a time of intense public scrutiny, become arenas where reputations are
managed and enhanced. Lifecycle events become theaters where public reputations are
maintained, and stadiums where people compete in games of status competition, going beyond
their role as milestones. The rules of the game are determined by kinship systems, ritual
calendars, the distribution of wealth and caste, and other structural endowments that are slow to
change and therefore can be considered as exogenous constraints in the short term. Because these
structures provide rules for what is considered appropriate behavior, they determine the criteria
by which people are judged. Some willingly spend all those they have saved and for some it is
hard to spend much as they have so many daughters to marry. There is a need for a law which
banns spending on marriage ceremonies including exchange of gifts which exceed more than a
certain percentage of the annual income of thee parents. People would have to understand that
marriage is also a ceremony like other ceremonies, so spending must not exceed more than what
people can afford.

Every wedding requires a minimum level of expenditure that depends upon norms in the
community. A basic celebration may help maintain one's status within the village, but a lavish
wedding represents something else. Spending more than what is expected provides people in the
village with new information that helps them update their perception of one's social status.

In particular, if the bride is marrying a prestigious groom--prestigious because he is either rich or

well educated--then this marriage alliance has status benefits for the wife's family. However, a
lavish wedding without some real change in status may simply give people the impression that
the spender is extravagant.

Penalty for Dowry Demand

Judges have discretion in giving punishments. It is so because no hard and fast rule can be
applied in each and every case. Likewise the punishment for dowry taking is 5 years and fine
amounting to the value of dowry or 15000 rs/. Whichever is more. Judges can give lesser or
graver punishment than this depending on the facts and circumstances of the case. The principal
of res judicata is not applied in criminal case. But judges need to record in writing about the
reason for sentencing the person. Punishment for demanding dowry is six month imprisonment.

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Sec. 4A empowers court to punish a person who prints or publishes or circulate any
advertisement relating to dowry demand for an imprisonment of 6 month and fine of Rs 15,000.

Where a complaint is filed under sec. 4 of the dowry prohibition act and also under sec. 498A
I.P.C for cruelty of wife by harassment of demand for dowry, this is an offence punishable under
I.P.C and is required to be investigated only by the police and not by the Dowry Prohibition
Officer.

Sec. 6 of the act states that any dowry received will be used for the benefit of the wife or her
heirs. If dowry taking is a crime then anything which is received as a dowry is also illegal. So,
Judges have discretion in giving punishments. It is so because no hard and fast rule can be
applied in each and every case. Likewise the punishment for dowry taking is 5 years and fine
amounting to the value of dowry or 15000 rs/. Whichever is more34? Judges can give lesser or
graver punishment than this depending on the facts and circumstances of the case. The principal
of res judicata is not applied in criminal case. But judges need to record in writing about the
reason for sentencing the person. Punishment for demanding dowry is six month imprisonment.
Sec. 4A empowers court to punish a person who prints or publishes or circulate any
advertisement relating to dowry demand for an imprisonment of 6 month and fine of Rs 15,000.

Where a complaint is filed under sec. 4 of the dowry prohibition act and also under sec. 498A
I.P.C for cruelty of wife by harassment of demand for dowry, this is an offence punishable under
I.P.C and is required to be investigated only by the police and not by the Dowry Prohibition
Officer.

Sec. 6 of the act states that any dowry received will be used for the benefit of the wife or her
heirs. If dowry taking is a crime then anything which is received as a dowry is also illegal. So,
the proper procedure would be that government should seize such things. There is hardly a
complaint against a person who offers to give dowry. When some illegal transaction takes place
the objects which form part of such transaction must be seized by the government. Since dowry
revert back to the bride, so there is no resistance from bride side in giving dowry. Also many

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false cases are filed by bride or her family claiming more than what they have given. Also this
act provides a protection to the person who has offered dowry by not subjecting the person to
prosecution under this act. This is done to secure the true and fearless statement by the victim of
dowry harassment.

Any law abiding citizen cannot file complain. A magistrate will take cognizance only on a police
report or when things come in his notice or if the aggrieved person files complain or if complain
is filed by a recognized organization.38 There is a departure from general rule and the burden of
proof is on the person who is accused of taking dowry.

Penalty for Dowry Demand

Judges have discretion in giving punishments. It is so because no hard and fast rule can be
applied in each and every case. Likewise the punishment for dowry taking is 5 years and fine
amounting to the value of dowry or 15000 rs/. Whichever is more? Judges can give lesser or
graver punishment than this depending on the facts and circumstances of the case. The principal
of res judicata is not applied in criminal case. But judges need to record in writing about the
reason for sentencing the person. Punishment for demanding dowry is six month imprisonment.
Sec. 4A empowers court to punish a person who prints or publishes or circulate any
advertisement relating to dowry demand for an imprisonment of 6 month and fine of Rs 15,000.

Where a complaint is filed under sec. 4 of the dowry prohibition act and also under sec. 498A
I.P.C for cruelty of wife by harassment of demand for dowry, this is an offence punishable under
I.P.C and is required to be investigated only by the police and not by the Dowry Prohibition
Officer.36

Sec. 6 of the act states that any dowry received will be used for the benefit of the wife or her
heirs. If dowry taking is a crime then anything which is received as a dowry is also illegal. So,
the proper procedure would be that government should seize such things. There is hardly a
complaint against a person who offers to give dowry. When some illegal transaction takes place
the objects which form part of such transaction must be seized by the government. Since dowry
revert back to the bride, so there is no resistance from bride side in giving dowry. Also many

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false cases are filed by bride or her family claiming more than what they have given. Also this
act provides a protection to the person who has offered dowry by not subjecting the person to
prosecution under this act. This is done to secure the true and fearless statement by the victim of
dowry harassment.

Any law abiding citizen cannot file complain. A magistrate will take cognizance only on a
police report or when things come in his notice or if the aggrieved person files complain or if
complaint is filed by a recognized organization.38 There is a departure from general rule and the
burden of proof is on the person who is accused of taking dowry.

Dowry under Evidence Act and IPC

In India Penal Code two new sections are added viz., S.304-B which presumes if the death of a
woman is caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within seven years of marriage and if it is shown that soon before her death she
was subjected to cruelty or harassment by her husband or the relatives of the 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. Sub-section (2) of the same
section envisages that 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.
The essential ingredient to attract application of section 304B are that (i) the death of a women
should be caused by burns or bodily injuries or otherwise than under normal circumstances; ii)
such death should have occurred within seven years of marriage ; iii) she must have been
subjected to cruelty or harassment by her husband or any relative of her husband; iv) such cruelty
or harassment should be shown to have been for demand of dowry and v) such cruelty or
harassment is shown to have been meted out to the woman soon before her death. On proof of
these essentials it becomes obligatory on the courts to raise a presumption that the accused
caused dowry death in view of sec. 113B of the evidence act. A joint reading of the section states
that victim must be subject to immediate harassment before death.

Supreme court in Hira Lal v. State (Govt. of Nct), Delhi “soon before her death” is a relevant
term and no straight jacket formula can be laid as to what would constitute a period “soon
before” the occurrence. Whether length of time between dowry demand and death can give the

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benefit of doubt, passage of time between dowry demand and death should not be too stale or too
wide. Court is to decide this based on facts of each case. It is recommended that the period of
seven year should be increased from seven year till death.

Women commission (NWC) recommends this change in view that many women’s who are
mothers of elders children’s are also forced to bring dowry even after 7 years of their marriage.
S.498-A of Indian Penal Code envisages that whoever, being the husband or the relative of the
husband of a woman, subjects 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 and sections 304-B was
added to the IPC by Criminal Law Amendment Act, passed in 1986 which provides that where
the death of a woman is caused by any burns or bodily or occurs otherwise than under normal
circumstances within seven years of her marriage and it is shown that immediately before her
death she was harassed and put to cruelty by her husband or any relative of the husband in

connection with demand for dowry, such death shall be called as dowry death; and sub-section
(2) provides punishment with a minimum of seven years which may extend to imprisonment for
life. Section 174 and 176 of CrPC, deals with the investigations and inquires into the causes of
unnatural deaths, by the police and magistrate respectively. The Amendment Act 1983 makes it
mandatory for the police officer to send the body for post mortem examination if the death of the
woman occurred within seven years of marriage as a result of suicide or under other suspicious
circumstances. A new section 113-B was added in the Indian Evidence Act which deals with the
burden of proof in dowry deaths according to which the Court has to presume that a dowry death
was caused by the person who is shown to have subjected the woman to cruelty or harassment
soon before her death.

Misuse of the Act

In 1983, sec.498A was added in IPC. It is a cognizable offence namely, ‘cruelty by husband or
relatives of husband’. The definition of cruelty is not just confine to causing grievous injury,
bodily harm or danger to life, limb or physical health, but also include mental health, harassment
and emotional torture through verbal abuse. During the same period, two amendments to the
dowry prohibition at of 1961, enacted in 1984 and 1986, made dowry giving and taking
punishable. The burden of proof was on the accused. Justice J.D Kapoor, Justice of Delhi High

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Court said that DPA is misused by many women. He was hearing the petition of Savitri Devi v.
Ramesh Chandra, in which Savitri Devi challenged the judgment of lower court alleging that her
in-laws should be arrested because they refused to take the customary gifts. It was held that
merely refusing to accept the gift will not amount to harassment or cruelty under the act. He also
said that sometimes women tried to rope up school going children’s. Police must not arrest
children’s under this act. An act must evolve according to needs of evolving society otherwise it
looses the prime purpose of making the society progressive. It is not to suggest that the above
school of thought is correct but given the fact that it has found expression at such a high level it
is worthwhile of being into consideration. At the same time it should be taken care of that it
doesn’t become a classic case of throwing the baby out with water.

The reason why these laws are put to misuse is that no punitive provisions were added for those
making false charges. Law against perjury is hardly been invoked in India. There are also many
numbers of cases coming to light where these new laws are used as an instrument of blackmail.
They lend themselves easily this way as a tool for wreaking vengeance on entire families, since
it makes it possible to have Police arrest anyone a married woman names as a tormentor in her
complaint. All she has to do is state that there is cruelty in marriage and someone goes to jail
without the possibility of bail.

There are cases where the problem is of mutual maladjustment of couple, rather than abuse by
entire family. Further complicating matters, lawyers have cited several cases where judges have
refused bail unless the accused family deposited a certain sum of money in the complainants
name as a precondition to the grant of bail. There are many cases in which lawyers themselves
suggest women’s to ask for more than what they have given under an assurance that they will be
able to get all that. We need to sift the grains from the chaff and check out whether the
allegations of abuse are genuine, exaggerated or altogether mala fide.

It is true that these laws are heavily weighted in favor of women. But it is because of the fact that
majority of cases reported is of women harassment and not of men being harassed by women.
Law is response of the social changes. So, if there will be cases concerning men harassment law
will definitely be a gender just law. But this is not a time for it. If a gender just law comes as far

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as domestic violence is concerned than it will be more misused. Men are in dominating position
and they can tamper with the evidences so, under these circumstances a law tilted towards
women side is not bad.

Methods to Curb Dowry

Dowry was not known in early Vedic period. Things changed when women accepted the rules or
laws made by particular persons. The solution of any problem whether it is dowry or any social
problem, it is to challenge the system. When there was interference of Brahmin and certain
freedoms of women were taken away, that was a time to question and fight for their rights. The
tendency of Indian women is to accept things as it is. They are told by others as what is good for
them also as to how they should feel about themselves.

Girls do not participate in their marriage discussions. It is elders who chose their groom, it is
they who decide their marriage age, and it is they who decide their family. She enjoys no
decision making. A three-Judge Bench, comprising Chief Justice R.C. Lahoti, Justice G.P.
Mathur and Justice P.K. Balasubramanyan, passing the order on a public interest litigation
petition directed the Centre and the States to consider framing of rules to compel men seeking
government employment to furnish information whether they had taken dowry; if so, whether
the dowry had been made over to the wife as contemplated under the Act. The rules could also
seek such information from those already in government service. The Bench faulted both the
Centre and the States for their failure to put serious effort in the implementation of the Dowry
Prohibition Act. "It is not as if the menace posed by dowry has in any way lessened. One can
take judicial notice of the fact that cases of dowry harassment are splashed in newspapers almost
everyday. When there is failure on the part of the Executive to strictly implement a law like the
one in question, enacted to tackle a social problem which has assumed menacing proportions,
the court has a duty to step in to give a mandamus," the Bench said.

The court asked the State Governments to give wide publicity to Sections 3 and 4 of the Rules
providing for the maintenance of lists of presents or gifts to the bride and bridegroom and to
appoint a sufficient number of dowry prohibition officers with independent charge in each

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district of the State concerned; to take steps to step up anti-dowry literacy among the people
through lok adalats, radio, television and newspapers. No law or ordinance is as powerful as
understanding, said Plato. So, there is need of public awareness. This law has at least compelled
the husbands to negotiate with their wife. Earlier the husbands left no options to their wife than
to succumb to the cruelty. Many women do not want to approach the court because these laws
are criminal in nature. The number of causality is much more than what is reported in police
stations or in NGOs. In India, women who consider their husband an ultimate protector will not
seek to bring a criminal charge against him. Instead, they would prefer to approach organizations
that can mediate on their behalf and work out a better solution for them. In some cases where
crime against women cell personnel is sensitive enough, successful mediation is provided. But
this is the exception rather than a rule. In most instances, this time by squeezing the husband’s
family in return for the women’s withdrawing her opposition to grant bail.

In 2001 census report the male female ratio was 933 per 1000 men. Many people are refusing to
have girl child. One who has preserve money for her marriage than spending on her studies.
This makes women dependable and the circle of vicissitude goes on. This problem can only be
solved when women will have a say in economy. The United Nation's Report in 1980 presented
that: "Women constitute half the world's population, perform nearly two-thirds of its hours, and
receive one-tenth of the world's income and less than one hundredth of the property."

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