Jasleen Kaur Socio Economic Offences

SOCIO- ECONOMIC OFFENCES 2022
ASSIGNMENT- “Dowry a sin”
CA 1 OF SOCIO-ECONOMIC OFFENCES
(LAW518)
SUBMITTED TO: MANDEEP KAUR
SUBMITTED BY: JASLEEN KAUR
REG. NO. : 11715579
SECTION: L1701
Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 1

FACET OF DRACONIAN SOCIOCULTURAL SIN:

DOWRY
I. INTRODUCTION
“Any Young Man, Who Makes Dowry A Condition To Marriage,

Discredits His Education And His Country And Dishonours Womanhood”
--Mahatma Gandhi.
India is a vast and multi-cultural country. The Civilization of India is the ancient most in
the world and with each era a new social structure is born since the birth of our society.
With the second highest population in the world after China, India has come a long way in
concepts of development in all spheres of society. Indian Culture holds a plethora of
concepts where women in society are shown as a divine force of nature. Women throughout
have been worshipped as goddesses like Durga, Kali, Sarawati and Lakshmi. Through
changing centuries so did the change in the view towards women evolved in rather negative
way.
The concept of dowry goes back to many centuries. By definition dowry means, ―it is a
parental property that passes to the daughter at the time of her marriage. It involves any

kind of property, Money, Ornaments, Consumable Items like electronics, Cars etc. Dowry
is both a practise and a problem in Indian marriages.1
.2
“Families that like to pose as progressive might use the word ‘gift’ to disassociate
themselves from the act of receiving dowry. However even when dressed up in the polite
and fancy term of a “gift”, it still remains dowry, something which is illegal.” 3
The hazard of Dowry system has become a serious and unethical social stigma in Modern
India even-though, the society and the population claim themselves to be literate and
educated. We have such a society where it is a crime to demand Dowry either during the
marriage or even after the marriage, but this dreadful issue of Dowry System still exists in
our society.4
II. THE EVOLUTION OF THE MURKY DOWRY ERA IN INDIA
The practice of dowry is not only illegal but also unethical. Therefore, social
consciousness about the ill effects of the dowry system needs to be aroused.
 Dowry was not practised in ancient India and it is practically not known that exactly when
the concept of dowry came to India but the concept is known to have its roots in the ancient
1
Haveripeth P.D., ―Cause and consequences of dowry menace in India‖; RIJS Vol 2(2) 2013. (www.rierc.org).
2
Dowry System in India, available at: https://acadpubl.eu/hub/2018-120-5/2/159.pdf (Last Visited on
February 7, 2022).
3
Dowry System in India, available at: https://blogs.worldbank.org/developmenttalk/evolution-dowry-rural-
india-1960-2008 (Last Visited on February 7, 2022).
4
Dowry System in India, available at:
file:///C:/Users/IK/Downloads/Dowry_Death_and_Dowry_System_in_India_Re.pdf (Last Visited on February 7,
2022).

past. According to Megasthenes and Arrian, 3rd Century B.C, they accorded that ancient
Indian people in the process of selecting their bride they do not care about whether the
bride has dowry or she has any handsome fortune but only look at her inner and outer
beauty.5
 The Code of Manu also mentioned Dowry and brides wealth. Manu explained the
difference between Dowry and Brides wealth. Dowry was more of a prestigious thing and
it was associated with the Brahmanic Caste whereas the Brides wealth was typically
restricted to the lower castes. This mainly prevailed in the earlier half of 20th Century. 6
 Ancient texts, Dowry has been referred as Yautraka‘ which means a kind of material gift
which confirms that two people have joined in a matrimony. The girl in marriage was given
away upon getting a price that was called ‘Sulka’. It means that the parents were
compensated for their loss of their daughter after her marriage.7
 Dowry system was prevalent since the Vedic period where gifts from parents, relatives
were recognised as women‘s property called ‘Stridhan’. In Indian marriages along with
money, jewellery and other items to be given to the groom as dowry the giving away of the
bride- ‘Kanyadana’ was also a part of it. Kanya means Daughter and Dana means Gift. It
was also known as ‘Hunda’, it comes from the word Handa’meaning pot. It was called so
because in ancient times the dowry was given in a pot.8
5
Dowry System in India, available at: https://en.wikipedia.org/wiki/Dowry, accessed on 23-01-2018 at 21:25p.m
6
Tambiah, Stanley; Goody, Jack (1973). Bridewealth and Dowry. Cambridge UK: Cambridge University Press. pp.
68–9
7
Hooja S.L., ―Dowry System in India- A case study‖; Delhi, Asia Press 1969, p-15
8
Reshma, Ramegouda .A., ―Socio Legal Perspective of Dowry‖: A Study; International Journal of Scientific and
Engineering Research; Vol-3, Issue-7 (2012).

 Dowry was given as a support to the bride that she could use for her independent use.
According to Kautilya, ―Means of Subsistence or jewellery constitutes what is called the
use of property of a women. It is no guilt for a wife to make use of this property in
maintaining her son, her daughter in law or herself, if her absent husband has made no
provision for her maintenance.9
 The husband in this case misused the right to possess the wife‘s wealth and the concept of
dowry once again took a turn and now it became a consideration for marriage that meant
in a marriage the bride had to bring the wealth as desired by the family of the in-laws as
consideration of her marriage. Mental abuse etc. Women through their radical movement
established that root of subordination lies in the biological family and incorporation of laws
9
ibid

were not adequate until the attitude of society is reformed via education and participation
in politics.10
 In the Islamic laws, the Dower (Mahr) is a sum of money or property that is paid to the
bride at the time of marriage. The law confers a right of Mahr or Dower to the wife.
According to the Holy Quran, the following verse entitles the right of Mahr on the bride,
―You shall obtain permission from their guardians before you marry them, and pay them
their due mahr (dowries) equitably , ―you give them their bridal due (as) on obligation.
And (there is) no sin on you concerning what you mutually agree of it (dowry) from beyond
the obligation.11
III. CAUSES
“I have taken a Wife, I have Sold my Sovereignty for a Dowry”

Various reasons have been suggested as cause of dowry practice in India. These include economic
factors and social factors.
10
Dr. S. C Tripathy&Vibha Arora., ‗Law relating to Women and Children‘; Central Law Publication (2017), pg4 (2).
11
Ahmed Sahid Sayed., ‗A critical analysis of dower (Mahr) in Islam‘; IOSR Journal of Humanities And Social
Science (IOSR- JHSS) (2016), Vol-22, Issue-
6, pg- 87

ECONOMIC FACTORS
a) There are many economic factors that contribute towards the system of dowry. Some of
these include inheritance systems and the bride's economic status.
b) Some suggestions point to economics and weak legal institutions on inheritance place
women in disadvantage, with inheritances being left only to sons. This leaves women
dependent upon their husbands and in-laws, who keep the dowry when she marries. Prior
to 1956, including during the British Raj, daughters had no rights of inheritance to their
family's wealth. In 1956, India gave equal legal status to daughters and sons
among Hindu, Sikh and Jain families, under the Hindu Succession Act (India grants its
Muslim population the Sharia derived personal status laws).
c) Dowry gave, at least in theory, women economic and financial security in their marriage
in the form of movable goods. This helped prevent family wealth break-up and provided
security to the bride at the same time. This system can also be used as
a premortem inheritance, as once a woman is presented with movable gifts, she may be cut
off from the family estate.
d) For many, dowry has become a greater financial burden on the family, and can leave
families destitute based on the demands from the groom. The demand for dowry has
increased over time.

SOCIAL FACTORS
a) The structure and kinship of marriage in parts of India contributes to dowry. In the north,
marriage usually follows a patrilocal (lives with husband's family) system, where the bride
is a non-related member of the family. This system encourages dowry perhaps due to the
exclusion of the bride's family after marriage as a form of premortem inheritance for the
bride. In the south, marriage is more often conducted within the bride's family, for example
with close relatives or cross-cousins, and in a closer physical distance to her family. In
addition, brides may have the ability to inherit land, which makes her more valuable in the
marriage, decreasing the chance of dowry over the bride price system.
b) In addition to marriage customs that may influence dowry, social customs or rituals, and
parents' expectations of dowry are important factors to consider. A 1995 study showed that
while attitudes of people are changing about dowry, dowry continues to prevail. In a 1980
study conducted by Rao, 75% of students responded that dowry was not important to
marriage, but 40% of their parents likely expected dowry.
c) While India has been making progress for women's rights, women continue to be in a
subordinate status in their family.Women's education, income, and health are some

significant factors that play into the dowry system, and for how much control a woman has
over her marriage.
RELIGIOUS FACTORS
a) Dowry in India is not limited to any specific religion. It is widespread among Hindus and
other religions. For example, Indian Muslims call dowry as jahez, justify the practice in
terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises
some essential articles for the outfit of the bride as well as for conjugal life.
b) The other is made up of valuable goods, clothes, jewelry, an amount of money for the
groom's family, which is settled on after bargaining. The jahez often far exceeds the cost
of the baraat and marriage parties. The jahez is separate from cash payment as Mahr or
dower that Sharia religious law requires.
IV. IMPACT OF DOWRY SYSTEM
 Gender Discrimnation: Due to the dowry system, many a times it has been seen that women
are seen as a liability and are often subjected to subjugation and are given second hand
treatment may it be in education or other amenities.
 Affecting Career of Women: The larger context for the practice of dowry is the poor
presence of women in the workforce, and their consequent lack of financial independence.
o The Poorer sections of society who send their daughters out to work and earn some
money, to help them save up for her dowry.
o The regular middle and upper class backgrounds do send their daughters to school, but
don't emphasize career options.
 Many Women End Up Being Unmarried: An uncountable number of girls in the country,
despite being educated and professionally competent, remain endlessly unmarried because
their parents cannot fulfil the demand for pre-marriage dowry.
 Objectification of Women: Contemporary dowry is more like an investment by the bride's

family for plugging into powerful connections and money making opportunities.

o This renders women as merely articles of commerce.
 Crime Against Women: In some cases, the dowry system leads to crime against women,
ranging from emotional abuse and injury to even deaths.
 Goddess Lakshmi or Cash cow?

Like the Hindu goddess Lakshmi, the new bride is considered to be the guarantor of the
home’s prosperity- but one symbolised by material assets. Though asking for dowry has
been officially declared a crime in India, the greedy have found an indirect way of asking
for it. “Nowadays, dowry has taken a different form altogether, the financially well-settled
families accept it in a sophisticated manner, for example- asking bride’s family to pay
house rent or children’s school fees.”, says Satya, from Vimochana, a women rights forum
based in Bengaluru.
 Women Are Abused
Women who can’t pay an expected dowry price or who are unable to make additional
payments in the future are often subject to harassment and abuse. Other times, husbands or
in-laws throw acid on a woman or set her on fire.
 Dowries Make Child Marriage More Likely
To avoid larger dowries, families often marry their daughters off as children. India has the
most child brides in the world, and the dowry system partly drives this phenomenon. The
younger a girl is, the lower her dowry price will usually be, so to save money, families
marry off their daughters at young ages.

V. GROWTH OF DOWRY DEATHS IN INDIA

Dowry Death can be defined as an unnatural death of the wife due to demand for dowry
by the husband and/or his family. Dowry can include anything from money to assets like
jewellery, movable and immovable property and etc. Women are either killed by the
husband or his family, if their demand, greed and lust for dowry are not fulfilled or the
woman commits suicide because she could not face the harassments anymore over the
fulfilment of the dowry.
It is also another way to start or push the husband’s career or to fulfil the family’s
demands to the developing social materialistic requirements. It is a plain greed of the
husband and his family to demand dowry otherwise this heinous practice would have
stopped long back.
With passing years cases related to dowry deaths in India are gradually increasing. Also,
cases of cruelty towards the wife by a husband or his relatives are increasing which is
prominently caused by the demand for dowry and wife’s inability to fulfil it.
According to the statistics given in the NCRB Report, 2016 , total number of reported
cases related to Dowry Deaths in the year 2016 were 7,621 and total number of reported
cases related to cruelty by the husband or his relatives to the wife in the year 2016 were
1,10,378. India holds the highest number of Dowry Death cases in the World. Another
glaring issue that comes up with the laws laid down to protect women from this cruel act
is that misuse of the very same laws by the wife or her family to harass and blackmail the
husband or his family, which is also needed to be dealt with in a swift manner.12
12
Crime in India, 2016 - National Crime Records Bureau, Ministry of Home Affairs, New Delhi, India.

VI. THE WAY FORWARD: AN AGENDA FOR ACTION
To begin with each reform measure should be divided into two components:
1) Role of opinion mobiliser and social movements.
2) Role of State interventions.
 Responsibility of opinion mobilisers: Before a group or set of organisations demand a

law to outlaw any custom or social practice, they ought to demonstrate the viability of the
legal reform they propose by demonstrating that they have prepared the ground for it within
their own community, neighbouhood or city. For example, those who insist that dowry
giving be made a punishable crime, should be required to submit at least 500 statements on
oath by their own relatives, friends and neighbours that they would ensure the compliance
of the anti-dowry law as well as laws against domestic violence in their own community
by reporting each violation to the police irrespective of whether the victim complains or
not. Since this commitment would be made voluntarily, rather than through a legal
mandate, social reformers would have to dialogue and discuss the matter with the
concerned people in their own community to get them to sign an oath in a public manner.
In the process, each reformer will get first hand feedback including suggestions for
improvement in the proposed measure.

 Role of state interventions: The next step involving state intervention, including
legislation, should also go through a similar test. If the government of the day is convinced
that a particular law is worth enacting, it should try out its feasibility through yet another
pilot project involving civil servants.
Before, making it a law for the entire population, the government may introduce necessary
changes in the Government ís service rules requiring all officers in the police, judiciary,
various administrative services, as well as Members of Parliament to sign statements on
oath promising compliance. Anyone accused of violating that order should be suspended
from service for a period of three months within which a full and final enquiry should be
held into the violation of law. If found guilty, the person should be dismissed from service.
Once a proposed law has been tried and tested in this fashion, the government would have
acquired the moral authority as well as the know-how to implement it at the state or national
level.13
VII. THE PRESENT SCENARIO
―With Great Power Comes Great Responsibilities. ---Voltaire
 To deal with this evil of the society, the Dowry Prohibition Act, 1961 was passed in
1961 to prohibit the practice of giving or receiving dowry. It was amended in 1984 and
1986 respe ctively to curb the evil practice of dowry. According to this Act, dowry me
in case of a 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 or by any other person to either party to the marriage. It may be
given at or before or anytime after the marriage of the said parties. But it does not
include dower or mehr in case of a person to whom the Muslim Personal Law (Shariat)
applies. This Act applies to all communities irrespective of the religion such as Hindu,
Muslim, Christians, Jews, Parsis or to any and every person who performs his marriage
in India and is found guilty by dowry offence.
 According to this Act, giving or accepting dowry is criminal offence and he/she may
imprisoned for a minimum of five years and fined not less than Rs.15,000 or the amount
13
Dowry System in India, India, available at: https://www.un.org/womenwatch/daw/egm/vaw-gp-
2005/docs/experts/kishwar.dowry.pdf (Last Visited on February 7, 2022).

of the value of the dowry whichever is more. For adequate and special reasons the court
has the power to grant lesser punishment but the reasons must be recorded in the
judgement. The controversy has now been settled by the Supreme Court in its historic
decision in L.V.Jadhav vs. Shankar Rao, wherein the term “dowry” used in Section 4
has been interpreted to mean any property or valuable security if consented to be given
on the demand made. The Apex Court further clarified that there is no warrant for taking
the view that the initial demand for giving of property or valuable security would not
constitute an offence of dowry and that an offence would take place only when the
demand was made again after the party to whom demand was made agreed to comply
with it.
 Gifts given to the bride and bridegroom voluntarily are not punishable. But presents
must be listed. The giving of such presents should be a part of local custom and their
value must be proportional to the financial capacity of the giver. Any person who
receives any dowry should transfer it to the women on whose behalf it was received. If
the dowry was received before the marriage, the receiver must transfer it to the woman
within three months after the marriage. Fine charged on the husband may be given to
the wife as compensation if court so directs. If the husband gives a written assurance to
the court that he will not demand dowry or that he will allow conjugal rights to his wife,
the court may drop the proceedings against him. But if he proves false to his promise,
the wife can make fresh application to the court and the court will take up the case from
the stage at which it was dropped, but she has to do it within three years of suspension
of proceeding.
 A metropolitan Magistrate or a judicial Magistrate of the first class can try any offence
under this Act. A police officer, any person affected by the offence or parent or other
relative of such person, any recognised welfare institution or organization recognised
for the purpose of making complaint can make complaint to the court. A court also can
initiate a trail on the basis of its own knowledge of the facts of the offence. Dowry is
considered a cognizable offence for the purpose of investigation. That means the police
officer can investigate the case as soon as a complaint is lodged in the police station.
But he has no power to arrest the accused person without a warrant or without an order
of a Magistrate.

 Every offence under this Act is non-bailable. So, the accused person has no legal right
to get bail. Only a Magistrate can grant him bail on application, using his discretion.
Offences under this Act are also noncompoundable. The complainant cannot withdraw
the case on compromise with the opposite party. The burden of proving that he has not
committed an offence under the Dowry Act is on the accused. The Dowry Prohibition
(Amendment) Act, 1984, which was passed by the Parliament in 1984, came into force
from 2nd October 1985. The Amendment Act, which makes far-reaching, changes in
the Dowry Prohibition Act, 1961 with a view to curbing the dowry menace, prescribes
a minimum punishment of six month imprisonment and fine of anyone demanding
dowry from the parents of the bride. The offence is punishable up to two years and
invites a fine which may extent to Rs.10, 000/-. In spite of this amendment in the law
the dowry abuse in the country is not declining. The arms of law are not long enough to
reach the guilty and punish the groom and his kith and kin not only for making dowry
demands, but also for either instigating or provoking her to commit suicide. This is a
social problem and it needs all the right thinking people to come together to find ways
and means to drive this curse out of the society.

VIII. CRIMINAL STATUTES – Indian Penal Code, Criminal Procedure

Code and Evident Act
Section 304B of Indian Penal Code (IPC) says that where the death of a woman is
caused by any burns or bodily injury or occurs otherwise than under normal
circumstances within 7 years of her marriage and it is shown that soon after 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.
Whoever commits dowry death shall be punished with imprisonment for minimum
terms of 7 years but it may extent to imprisonment of life. The High Court upheld the
sentence passed by the trial court under Section 304 B and 498A IPC. But the Court
modified the punishment granted to the husband under Section 304B from life
imprisonment to 10 years rigorous imprisonment in the case of Tapas Kumar Ghosh
v.State of West Bengal, 2007.
In the case of Satvir Singh and others v. State of Punjab and another14 apex court held
that the harassment or cruelty to which the woman is subjected should not be at some
time with the demand to dowry rather it should be “soon before her death”.
15
In the case of Preeti Gupta vs. State of Jharkhand the Suprme Court has observed
that a serious look is warranted in the section of 498A IPC. The court said that, ―It is
a matter of common knowledge that exaggerated versions of the incidents are reflected
in a large number of complaints. In another case of Sushil Kumar Sharma vs. UOI16,
in this case the Supreme Court observed that complaint under section s. 498A was filed
only to fulfil personal vendetta and held that, 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‘. In the case of Tr. Ramaiya vs. State17, the Court observed,
there is no iota of doubt that most of the complaints are filed in the heat of the moment
over trifling fights and ego clashes‘.in the case of Savitri Devi Vs. Ramesh Chand &
Others18 , this kind of petition is misconceived and is being used as a tool to accuse the
14
AIR 2001 SC 2828.
15
(1996) 3 SCC 301.
16
(2008) 41 OCR 558.
17
(2011) 1 SCC (Cri) 989.
18

entire family of in-laws of ransom, the women is rather extorting money by putting false
allegation under s498A and allegation of dowry.19
Section 3(1) of this Act was amended in 1984 and 1986, provides that a person who
gives ,takes or abets dowry, shall be punishable with imprisonment for five years and a
fine which shall not be less than Rs.15,000/- or the amount of the value of such dowry,
whichever is more. The offence of dowry under the Act is cognizable, non-bailable and
noncompoundable. The complaint in a dowry case can be made within ten years of
marriage. The court can take cognizance of the offence either suo motu or on a police
report or on a complaint made by the aggrieved person, his/her relatives or parents or
by a recognized welfare institution or organisation. A new Section 8-A has been
included in the Act by the Dowry Prohibition (Amendment) Act, 1986 which has shifted
the burden of proof on the accused in a dowry case to prove that he did not commit the
offence u/s 3 or 4 of the Act. It means where a person is prosecuted for taking any dowry
u/s 3, or the demanding of dowry u/s 4, the burden of proving that he had not committed
the offence under these sections shall lie on him.
The Act also provides for setting up of Family Courts for the trial of dowry cases and
also for restoration of dowry and “stridhan” property to the woman in connection of
whose marriage it was given. Thus Section 6 of the Act provides that if any person other
than the bride has received the dowry, it should be transferred to her within three months
after she has attained the age of 18 years. A person, who denies a woman her
dowryproperty, shall be guilty of the offence of criminal breach of trust u/s 405/406 of
Indian Penal Code. The Supreme Court, in Prabha Rani vs. Suraj Kumar categorically
observed that “stridhan” property of a married woman, even if it is placed in the custody
of her husband or in-laws, they would be deemed to be trustees and, therefore, are bound
to return the same when demanded by her. With a view to avoiding any likely future
dispute regarding stridhan property, it is provided that the presents made at the time of
marriage should be entered in the list to be maintained in accordance with the rules
made under the Dowry Act.
19
Dowry System in India, available at: http://www.ijhssi.org/papers/vol7(1)/Version-2/M0701028590.pdf (Last
Visited on February 7, 2022).

The working of the Dowry Prohibition Act over the years has shown that the main
difficulty in the effective implementation of the Act is the lack of proper enforcement
machinery, besides active co-operation of the appointment of Dowry Prohibition
Officers. Consequently, a new section 8-B was inserted by the Dowry Prohibition
(Prohibition) Act, 1986, providing that the State Government is also empowered to
appoint an Advisory
Board consisting of not more than five social welfare workers including at least two
women, from the area in respect of which such officers exercise jurisdiction. Although
section 4 of the Dowry Prohibition Act provides penalty for demanding dowry is either
actually given or agreed to be given. If mere demand of dowry is to be brought within
the purview of this section shall have to be redefined in the light of sub-section (b) of
section-498-A of the Indian Penal Code which says that harassment of the woman with
a view to coercing her or any person related to her, to meet any unlawful demand for
dowry or on account of failure on her part or any person related to her to meet such
demand, shall constitute cruelty within the meaning of section 498-A of the Penal Code.
Though every demand of dowry whenever repeated constitutes a separate offence, if it
is repeated after the marriage of the spouse, the person repeating such demand shall be
deemed to have committed an offence under section 4 of Dowry Act.20
In the case of Sabitri Dei and others v. Sarat Chandra Rout and others the apex court
quashed the order given by the competent Sessions Court and convicted the husband
and his relative under section 498A section 304B of the I.P.C. and under section 4 of
the D.P. Act. Similarly, in the case of Premananda Sahoo v. State of Orissa the
criminal appeal was directed against the judgement given by competent Sessions Court.
In the landmark judgement of Suresh Kumar Singh v. State of U.P. the apex court held
that the proof of demand of dowry as shown by the prosecution should not be too old
from the death of the woman. The propinquity of dowry demand and the death of the
victim should be established to evoke the expression of soon before her death and charge
the accused under the D.P. Act as well.21
20
Dowry system in India, India, available at: http://magadhmahilacollege.org/wp-content/uploads/2020/04/Dowry-
in-Indian-Society-converted.pdf (Last Visited on February 7, 2022).
21
Dowry system in India, India, available at: https://www.legalserviceindia.com/legal/article-4686-dowry-system-in-
the-indian- (Last Visited on February 7, 2022).

Section 113 – B of the I.E.A. deals with Presumption as to dowry death. That further
says: When the question is whether a person has committed the dowry death of a woman
and it is shown that soon before her death such woman has 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.
The ingredient of this section is the fulfilment of the ingredients of section 304 – B of
the I.P.C.
In Kamesh Panjiyar alias Kamlesh Panjiyar v. State of Bihar22 the court said that if
there is a conjoint reading of section 113 – B of the I.E.A. and section 304 – B of the
I.P.C. then there have to be some evidences submitted before the court stating that there
have been cruelty and harassment to the wife from the side of husband or husband’s
relatives in order to punish the accused in the matter of dowry death.
However, in the case of Sham Lal v. State of Haryana23 it was said that the husband
cannot be convicted under section 304 – B of the I.P.C. and also section 113 – B of the
I.E.A. cannot be raised if there is no evidence of the harassment and cruelty “soon before
her death”.
Similarly in Harjit Singh v. State of Punjab24 the court held that there was no evidence
showing that the poison consumed by the wife was the result of some cruelty or
harassment by the husband, so the husband was acquitted under section 304 – B of the
I.P.C. and the provisions of section 113 – B of the I.E.A. could not be inflicted against
him.
IX. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,

2005
 The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act")
was passed in order to provide a civil law remedy for the protection of women
from domestic violence in India. The Domestic Violence Act encompasses all forms of
physical, verbal, emotional, economic and sexual abuse and forms a subset of the anti-
dowry laws to the extent it is one of the reasons for domestic violence. Section 3 of the
22
AIR 2005 SC 785.
23
AIR 1997 SC 1873.
24
AIR 2006 SC 680.

Domestic Violence Act specifically incorporates all forms of harassment, injury and harms
inflicted to coerce a woman to meet an unlawful demand for dowry. Some of the common
remedies under the Domestic Violence Act include:
 Protection Orders – Prohibiting a person from committing domestic violence;

 Residence Orders – Dispossessing such person from a shared household;
 Custody Orders – Granting custody of a child; and
 Compensation Orders – Directing payment of compensation.
X. INTERNATIONAL CONVENTIONS
 India is a party to several international human rights instruments which provide theoretical
remedies to the dowry problems. These international conventions include the Universal
Declaration of Human Rights, International Covenant on Civil and Political Rights,
the International Covenant on Economic, Social, and Cultural Rights, the Convention on
the Elimination of All Forms of Discrimination Against Women ("CEDAW"), and
the Convention on the Rights of the Child. CEDAW codifies the rights most relevant to the
discussion of dowry-related violence: the rights of women. However, there are issues of
non-intervention and cultural relativism which impede the use of international law to
combat dowry deaths.
XI. TYPES OF DOWRY CRIMES
 Recently married women can be a target for dowry related violence because she is tied
economically and socially to her new husband. In some cases, dowry is used as a threat or
hostage type situation, in order to extract more property from the bride's family. This can
be seen in new brides, who are most vulnerable in the situation. Dowry crimes can occur
with the threat or occurrence of violence, so that the bride's family is left with no choice
but to give more dowry to protect their daughter. The northern and eastern states
of India show higher rates of dowry-related violence.
 Dowry is considered a major contributor towards observed violence against women in

India. Some of these offences include physical violence, emotional abuses, and even
murder of brides and young girls prior to marriage. The predominant types of dowry crimes

relate to cruelty (which includes torture and harassment), domestic violence (including
physical, emotional and sexual assault), abetment to suicide and dowry death (including,
issues of bride burning and murder).
i. FRAUD
 A 2005 Canadian documentary film, Runaway Grooms, exposed a phenomenon of Indo-

Canadian men taking advantage of the dowry system. These men would fraudulently return
to India ostensibly seeking a new bride, but then abandon the woman and return to Canada
without her as soon as they had secured possession of her dowry.
ii. CRUELTY
 Cruelty in the form of torture or harassment of a woman with the objective of forcing her
to meet a demand for property or valuable security is a form of dowry crime. The cruelty
could be in the form of verbal attacks or may be accompanied by beating or harassment in
order to force the woman or her family to yield to dowry demands.] In many instances, the
cruelty may even force the woman to commit suicide and it has been specifically
criminalized by the anti-dowry laws in India.
iii. DOMESTIC VIOLENCE
 Domestic violence includes a broad spectrum of abusive and threatening behavior which
includes physical, emotional, economic and sexual violence as well as intimidation,
isolation and coercion. There are laws like the Protection of Women from Domestic
Violence Act 2005 that help to reduce domestic violence and to protect women's rights.
iv. ABETMENT TO SUICIDE
 Continuing abuse by the husband and his family with threats of harm could lead to a woman
committing suicide. In such situations, the dowry crime even extends to abetment of
suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in
committing suicide. The impact of dowry can leave a woman helpless and desperate, which
can cumulate in emotional trauma and abuse. Dowry related abuse causes emotional
trauma, depression and suicide. The offence of abetment to suicide is significant because

in many cases, the accused persons often bring up a defense that the victim
committed suicide at her own volition, even though this may not be true in reality.
v. DOWRY MURDER
 Dowry deaths and dowry murder relate to a bride's suicide or killing committed by her
husband and his family soon after the marriage because of their dissatisfaction with the
dowry. It is typically the culmination of a series of prior domestic abuses by the husband's
family. Most dowry deaths occur when the young woman, unable to bear the harassment
and torture, commits suicide by hanging herself or consuming poison. Dowry deaths also
include bride burning where brides are doused in kerosene and set ablaze by the husband
or his family. Sometimes, due to their abetment to commit suicide, the bride may end up
setting herself on fire.
 Bride burnings are often disguised as accidents or suicide attempts. Bride burnings are the
most common forms of dowry deaths for a wide range of reasons like kerosene being
inexpensive, there being insufficient evidence after the murder and low chances of survival
rate. Apart from bride burning, there are some instances of poisoning, strangulation, acid
attacks, etc., as a result of which brides are murdered by the groom's family.
 India, with its large population, reports the highest number of dowry related deaths in the
world according to Indian National Crime Record Bureau. In 2012, 8,233 dowry death
cases were reported across India, while in 2013, 8,083 dowry deaths were reported. This
means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths
per year per 100,000 women in India.
XII. DOWRY – BLISS OR SIN?
 Marriage is a blessed ritual which is doomed by the concept of dowry. Dowry is the money
and property that a bride brings during her marriage to her spouse’s place. It comprises of
cash and household goods such as appliances, furniture and utensils. Dowry rates differ
from person to person in respect to their education background, facial characteristics, social
and economic status and caste. A woman’s status is directly linked to the dowry size -
greater the dowry results, better the status in the family. It is unclear how the dowry system

came into existence. Its origins derived from the Brahma ritual of Kanyadaan – the bride
is gifted to the other family only after dressing her in expensive attire and presentation of
dowry. Traditionally, dowry was a sign of honour for the bride’s parents. But now, it has
become a form of burden on the bride’s family, especially for families belonging to middle
and lower class level.
 The consequences of dowry are suffered in different ways by the unmarried and married
women. Daughters are considered as a burden because their marriages are attached to many
economic liabilities. Therefore, birth of boys is preferred over girls. Married women are
agonized mentally and physically by burning, torturing and killing them if her parents fail
to meet the dowry requirement. In addition, the education of girls is also neglected in order
to save money for the dowry. As a consequence, sometimes young girls decide to remain
single for lifetime or commit suicide when they see that their parents are unable to make
up for the dowry requirements.25
XIII. THE LOPSIDED, NONSENSICAL ECONOMICS OF DOWRY – AN

INSTRUMENT OF BLACKMAIL?
 Sadly, there are any number of cases coming to light where Section 498A has been used
mainly as an instrument of blackmail. It lends itself to easy misuse as a tool for wreaking
vengeance on entire families, because, under this section, it is available to the police to
arrest anyone a married woman names as a tormentor in her complaint, as cruelty in
marriage has been made a non-bailable offence.
 Thereafter, bail in such cases has been denied as a basic right. Such a drastic paradigm shift
has lent itself to gross abuse, because arresting and putting a person in jail, even before the
trial has begun, amounts to pre-judging and punishing the accused without due process.
Although a preliminary investigation is required after the registration of the F.I.R, in
practice such complaints are registered, whether the charges are proved valid or not, and
25
Dowry System in Indian society, available at: https://www.vox.com/first-person/2017/2/6/14403490/dowry-india-
bride-groom-dilemma (Last Visited on February 7, 2022).

arrest warrants issued, without determining whether the concerned family is actually
abusive, or they have been falsely implicated.
 Scared by these developments, many apply for anticipatory bail at the slightest likelihood
of a wife lodging a complaint with the police. I also know of several cases where the lawyer
advised his client to pre-empt his wife from registering a case of cruelty against him, by
filing a divorce petition before the wife could reach the police.
 The law was recast, heavily weighted in the woman is favor, on the assumption that only
genuinely aggrieved women would come forward to lodge complaints and that they would
invariably tell the truth. In the process, however, the whole concept of due process of law
had been overturned in these legal provisions dealing with domestic violence.26
XIV. MISUSE OF THE LAWS, PROVISIONS, RIGHTS PROVIDED TO

THE WOMEN
 Along with the development of laws to protect women, there have instances of misuse of
these laws by women themselves. There have been a good number of cases of false
acquisitions and gross misuse of these rights. In many cases where demands of the Wife
are not being fulfilled, and in order to harass the husband and his family, or if the marriage
is strained because of any other extraneous reasons, they lodge false complaint with the
nearest police station and the husband and/or his family are instantly arrested without
investigations. There have also been cases of suicide by the husband or his family members
during the course of their trial because of the embarrassment they face due to these false
allegations.
 According to the statistics given in the NCRB Report, 201627 the total number of reported
False Cases related to Dowry Deaths in the year 2016 were 254 and the total number of
reported False Cases related to cruelty by the husband or his relatives towards the wife in
the year 2016 were 6,745. It is rightly said by the Hon’ble Supreme Court in the case of
Sushil Kumar Sharma v. Union of India28 that section 498 – A of the I.P.C. was
26
Dowry in India, available at: https://www.un.org/womenwatch/daw/egm/vaw-gp-
27
28
2005 SCC (Cri) 1473.

incorporated for the protection of women which is being maliciously misused and stated
this section as a “Legal Terrorism”.

XV. CONCLUSION
 The practice of dowry is not only illegal but also unethical. Therefore, the conscience of
society needs to be fully awakened to the evils of the dowry system so that the demand for
dowry itself should lead to ‘loss of face’ in society for those who demand it. 29 The
prevailing laws has proven to grant huge relief to the suffering but has also created literate
monsters who perceives such relief as a tool of torture on their own family members.30
 This can be attributed to an internalization of prevailing particular values which view
women as inferior and having only themselves responsible for his or her predicament.
 As it is said whenever there is light, there is shadow too, similarly, in order to provide
justice to women and to protect them from dowry harassment in their best interest, there
have been cases of misuse of the laws and provisions provided to help and protect them.31
 Dowry is an evil that needs to be uprooted. The Supreme Court observed in the case “The
conscience of the society needs to be fully awakened to the evils of the dowry system so
that the demand for the dowry itself should lead to loss of face in the society for those who
demand it. And therefore, abovementioned research work comes to a conclusion that the
terminology dowry has draconian effect on sociocultural factors. The society’s greediness
is the perpetrator of violence encroaching the rights of women. So, dowry is a sinful crime
which should have strict punishments for dowry and harassment.
29
Dowry System in Indian society, available at: https://www.drishtiias.com/daily-news-editorials/dowry-system-in-
india (Last Visited on February 7, 2022).
30
Dowry System in Indian society, available at: http://www.ijhssi.org/papers/vol7(1)/Version-2/M0701028590.pdf
(Last Visited on February 7, 2022).
31
Dowry System in Indian society, available at: https://www.un.org/womenwatch/daw/egm/vaw-gp-

XVI. SUGGESTIONS
1. The definition of the term dowry be widened so as to include gifts made by one party to
the marriage to the other party (over and above the maximum limit that should be fixed in
this regard).
2. The offences under the Act should be made cognizable.
3. Registration of marriages should be made compulsory.
4. Inter-caste marriages should be encouraged.
5. The limitation period of one year within which complaint can be made should be abolished.
6. A social boycott of people taking dowry and those celebrating marriage with ostentation.
7. Stricter punishments should be provided for dowry deaths and harassment.

XVII. BIBLIOGRAPHY
Websites Referred
 http://ijsw.tiss.edu
 http://pu.edu.pk
 en.wikipedia.org
 www.drishtiias.com
 www.un.org
 file:///C:/Users/IK/Downloads/Dowry_Death_and_Dowry_System_in_India_Re%20(1).p
df
 https://www.academia.edu/36168706/Dowry_Death_and_Dowry_System_in_India_Rese
arch_Paper_by_Dev_Raizada?pop_sutd=false
 https://journals.sagepub.com/doi/abs/10.1177/1524838013496334?journalCode=tvaa
 https://www.ijsr.net/archive/v2i9/MzEwODEzMDY=.pdf
 https://indiancc.mygov.in/wp-content/uploads/2021/07/mygov-99999999940938885.pdf
 https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1354&context=swb
 http://www.ijhssi.org/papers/vol7(1)/Version-2/M0701028590.pdf
 https://feminisminindia.com/2021/10/04/why-are-dowry-payments-rising-in-india/
 https://www.vox.com/first-person/2017/2/6/14403490/dowry-india-bride-groom-dilemma
Books Referred
 The Indian Penal Code, 1860
 The Indian Evidence Act, 1872
 Dowry Prohibition Act, 1961
 Code of Criminal Procedure, 1973
 Dowry Murder: The Imperial Origins of a Cultural Crime. by Veena Talwar Oldenburg
 Crime in India, 2016 – NCRB, Ministry of Home Affairs.

Jasleen Kaur Socio Economic Offences

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SOCIO- ECONOMIC OFFENCES 2022

ASSIGNMENT- “Dowry a sin”

SUBMITTED TO: MANDEEP KAUR

SUBMITTED BY: JASLEEN KAUR

REG. NO. : 11715579

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 1

FACET OF DRACONIAN SOCIOCULTURAL SIN:

“Any Young Man, Who Makes Dowry A Condition To Marriage,

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 2

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 3

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 4

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 5

“I have taken a Wife, I have Sold my Sovereignty for a Dowry”

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 6

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 7

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 8

IV. IMPACT OF DOWRY SYSTEM

 Objectification of Women: Contemporary dowry is more like an investment by the bride's

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 9

o This renders women as merely articles of commerce.

 Goddess Lakshmi or Cash cow?

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 10

V. GROWTH OF DOWRY DEATHS IN INDIA

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 11

VI. THE WAY FORWARD: AN AGENDA FOR ACTION

1) Role of opinion mobiliser and social movements.

2) Role of State interventions.

 Responsibility of opinion mobilisers: Before a group or set of organisations demand a

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 12

―With Great Power Comes Great Responsibilities. ---Voltaire

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 13

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 14

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 15

VIII. CRIMINAL STATUTES – Indian Penal Code, Criminal Procedure

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 16

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 17

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 18

IX. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 19

 Protection Orders – Prohibiting a person from committing domestic violence;

XI. TYPES OF DOWRY CRIMES

 Dowry is considered a major contributor towards observed violence against women in

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 20

 A 2005 Canadian documentary film, Runaway Grooms, exposed a phenomenon of Indo-

iii. DOMESTIC VIOLENCE

iv. ABETMENT TO SUICIDE

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 21

XII. DOWRY – BLISS OR SIN?

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 22

XIII. THE LOPSIDED, NONSENSICAL ECONOMICS OF DOWRY – AN

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 23

XIV. MISUSE OF THE LAWS, PROVISIONS, RIGHTS PROVIDED TO

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 24

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 25

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 26

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 27

Research Paper on: Facet of Draconian sociocultural sin: Dowry Page 28

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