CHANAKYA NATIONAL LAW UNIVERSITY

The final draft for the fulfilment of project of Sociology

On
DOWRY-A Socio-Legal study in India

Submitted to:-Dr. Sangeet Kumar

Faculty of Sociology

Submitted by:-Shubham Jaiswal

Roll no.1380
1st year B.A.L.L.B. (Hons.)

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Table of Contents
Acknowledgement......................................................................................................................3

Declaration.................................................................................................................................4

Research Methodology...............................................................................................................5

Aims & Objectives.................................................................................................................5

Hypothesis..............................................................................................................................5

Research questions.................................................................................................................6

Scope And Limitation.............................................................................................................6

Method of research.................................................................................................................6

Sources Of Data......................................................................................................................6

Methods Of Data Collection...................................................................................................7

Tools Of Data Collection........................................................................................................7

Sampling Technique...............................................................................................................7

Pilot Survey............................................................................................................................7

Chapterisation............................................................................................................................8

Chapter 1: Introduction, Conceptual Analysis of Dowry.......................................................8

1.1 Causes Of The Practice...............................................................................................11

1.2 Dowry In The Modern Era..........................................................................................12

1.3 Types Of Dowry Crimes.............................................................................................14

1.4 Criticisms On The Enforcement Of Dowry Laws......................................................16

1.5 Criticisms On The Abuse Of Dowry Laws.................................................................17

Chapter 2: Historical Background of Dowry System In India.............................................18

Chapter 3: Legislative Provisions On Dowry.......................................................................23

3.1 The Dowry Prohibition Act 1961................................................................................24

3.2 Constitution Validity Of Section 498-A......................................................................31

3.3 Sec 498a And The Allegation Of Misuse....................................................................32

3.4 Use Of Section 498a By Indian Courts.......................................................................34

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 3.5 Misuse Of Section 498 In Modern World...................................................................36

3.6 Recent Judgements.....................................................................................................38

Chapter 4: Implementations Of Provisions In The Society (Reports)..................................44

4.1 One Woman Dies Every Hour....................................................................................44

4.2 The Curse Of Dowry -An Article Published In The Dawn.........................................45

4.3 Dowry Issue: Woman Forced To Swallow Acid.......................................................46

4.4 Man Shoots Wife On Dowry Issue.............................................................................48

4.5 Woman Killed For Dowry In Faridabad.....................................................................49

4.6 Another Suicide, Dowry Culprit.................................................................................49

4.7 Woman Burned For Dowry In Ghaziabad..................................................................50

4.8 Tension After Dowry Killing In City........................................................................51

4.9 Godwoman Booked Under Dowry Act....................................................................51

Chapter 5: Field Work & Data Analysis...............................................................................53

Chapter 6: Conclusions & Suggestions................................................................................55

BIBLIOGRAPHY....................................................................................................................57

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 ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who
gave their support and helped me to complete this project.

First of all I am very grateful to my subject teacher Dr. Sangeet Kumar without the kind
support of whom and help the completion of the project would have been a herculean task for
me. He took out time from his busy schedule to help me to complete this project and
suggested me from where and how to collect data.

I acknowledge my friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project. I want to convey most sincere thanks
to my faculties for helping me throughout the project.

Thereafter, I would also like to express my gratitude towards our seniors who played a vital
role in the compilation of this research work.

For all my interview I took the help form Mr. Rishikesh Kumar and Mr.Shivam Kumar who
have acted as the witness to all interviews I cannot thank them less for taking taking the time
out of their own research work.

I would also like to express my gratitude towards the library staff of my college which
assisted me in acquiring the sources necessary for the compilation of my project.

Last, but not the least, I would like to thank the Almighty for obvious reasons.

SHUBHAM JAISWAL

Roll No. -1380

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 DECLARATION

I hereby declare that the work reported in the BA LL.B (Hons.) Project Report entitled
Dowry-A socio legal study in India submitted at Chanakya National Law University, Patna
is an authentic record of my work carried out under the supervision of Dr. Sangeet Kumar. I
have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

SHUBHAM JAISWAL

Roll No. -1380

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 RESEARCH METHODOLOGY

AIMS & OBJECTIVES

The researcher will do the research:-

1. To assess the domestic violence against women from dowry system.

2. To examine and analyse the ways to accommodate for reduction of the dowry related
violence.

HYPOTHESIS

1. People are misusing the IPC (India Penal Code) section 498A.

2. DOWRY is more prevalent in rural areas.

3. DOWRY is mostly demanded by the uneducated people.

4. DOWRY is a social evil and has become a status symbol.

5. Rich people give the dowry according to their status and to show their wealth or status.

6. The poor people grinded in the competition of DOWRY.

RESEARCH QUESTIONS

The study will seek the answers of the following research questions:
1. How dowry system is operating in the area?
2. What difficulties are being faced by the married women because of dowry?
3. What do public suggest about the removal of dowry?
4. What are the factors that affects in domestic violence in India?

SCOPE AND LIMITATION

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 The resources on which the researcher resorts for data & information collection is
limited.
There is a time restraint which bounds the researcher

METHOD OF RESEARCH

The methodology adopted for this research work is traditional i.e., doctrinal and non-
doctrinal too.

SOURCES OF DATA

The researcher focusses on obtaining information from both the available sources;
they are (1) primary sources of data, (2) secondary sources of data.
Primary sources of data include first-hand information available, like case laws,
journals, district plan goals, etc. and secondary sources include magazines, journals,
etc.

METHODS OF DATA COLLECTION

For the purpose of research work, the researcher has done doctrinal and non-doctrinal
research methods. In Doctrinal research method, the researcher has collected
information through library study, books and through surfing the web. In Non-
Doctrinal research method, the researcher has collected information by conducting
interview and questionnaire schedule methods.

TOOLS OF DATA COLLECTION

The Researcher has made use of following tools of data collection: interview and
questionnaire schedule/record.

SAMPLING TECHNIQUE

The Researcher has adopted both convenient and purposive sampling method for the
research work.

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 PILOT SURVEY

The Researcher has conducted pilot survey before going to the field work. In
conducting pilot survey, the researcher has asked research questions from the
respondents and only after getting the approval of the respondents, the researcher
went on to do the field work.

CHAPTERISATION

CHAPTER 1: INTRODUCTION, CONCEPTUAL ANALYSIS OF DOWRY

A dowry is a transfer of parental property at the marriage of a daughter.

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Dowry is an ancient custom, and its existence may well predate records of it. Dowries
continue to be expected in many parts of the world, and are sometimes demanded as a
condition to accept a marriage proposal, particularly in parts of Asia, North Africa and the
Balkans.

In India, dowry is called Dahej in Hindi, and Jahez in Arabic. In far eastern parts of India,
dowry is called Aaunnpot. Dowry is a payment of cash or gifts from the bride's family to the
groom's family upon marriage. It may include cash, jewellery, electrical appliances, furniture,
bedding, crockery, utensils, car and other household items that help the newly-weds set up
their home.

In India, the dowry system puts great financial strain on the bride's family. Payment of dowry
is now prohibited under The 1961 Dowry Prohibition Act in Indian civil law and
subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Despite anti-dowry
laws in India, it is still a common illegal practice. Other laws attempting to address the
problem include the Dowry and Bridal Gifts Restrictions Rules, 1976 and the Dowry
Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985,
which are intended to document gifts and provide complainants with stronger evidence in the
event that prosecution for crimes against the bride occurs later.1

Dowry in India is not limited to Hindus or any specific religion. It is widespread. 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. The other is made up of valuable goods,
clothes, jewellery, and 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.

Disputes related to dowry sometimes result in violence against women, including killings and
acid attacks.

The ongoing reality of dowry-related violence is an example of what can happen when
women are treated as property. Brides unable to pay the high "price" to marry are punished by
violence and often death at the hands of their in-laws or their own husbands.

1 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-women-bride-culture-
husband-physical-mental-sexual-suicide ( 16th October 2015)

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The dowry death rate in India has been about 0.7 women per 100,000 every year from 1998
to 2009.

The practice of dowry abuse is rising in India. The most severe is bride burning, the
burning of women whose dowries were not considered sufficient by their husband or in-laws.
Most of these incidents are reported as accidental burns in the kitchen or are disguised as
suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural
practices such as the payment of dowry tend to subordinate women in Indian society.

Though prohibited by law in 1961, the extraction of DOWRY from the brides family prior to
marriage still occurs. When the dowry amount is not considered sufficient or is not
forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate
to the point where the husband or his family burn the bride, often by pouring kerosene on her
and lighting it, usually killing her. The official records of these incidents are low because they
are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death
almost every twelve hours. The number of dowry murders is increasing. In 1988, 2,209
women were killed in dowry related incidents and in 1990, 4,835 were killed. It is important
to reiterate that these are official records, which are immensely under reported. The lack of
official registration of this crime is apparent in Delhi, where ninety percent of cases of
women burnt were recorded as accidents, five percent as suicide and only the remaining five
percent were shown as murder.2

According to Government figures there were a total of 5,377 dowry deaths in 1993, an
increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowry-deaths
under a 1986 amendment to the Indian Penal Code (IPC), convictions are rare, and judges
(usually men) are often uninterested and susceptible to bribery. Recent newspaper reports
have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and
Bilaspur districts in the state of Himachal Pradesh.

Dowry system is the greatest curse of the Indian society. Demanding cash, jewellery and
costly items of furniture like refrigerators, Television sets, mobile-phones, washing machines
and other valuables is still most common in different parts of India by the groom during a
marriage.

2 http://www.infoplease.com/spot/dowries1.html ( 16th October 2015)

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Dowry became a social evil in the society. If parents of moderate economic standing cannot
meet dowry demands, their daughter remains unmarried; or if they manage to give a dowry,
they get into heavy debt. Demands for more dowries after marriage have become a source of
conflict between families of the boy and that of the girl. When the demands are not met,
brides are harassed, tortured, burnt, or they commit suicide.

Due to dowry system, the sacred affair of marriage is destroyed and it is turned to a business
deal. The brides are placed on the same class as those of cattle. The ugliest thing of this
system is that the richer the family of the bride groom the higher is their demand. A marriage
life that starts with such a business deal can never by happy. The parents of the brides are put
to inhuman pressure for a handsome dowry in kind or cash whatever it may be. All the noble
virtues of human beings like love, affection, sense of equality, liberal motive, gentleness,
sympathy, kindness etc. are buried like rotten corpses. This system is found in both rich and
poor community.

1.1 CAUSES OF THE PRACTICE

Various reasons have been suggested as cause of dowry practice in India. These include
economic factors and social factors.

1.1.1 ECONOMIC FACTORS

There are many economic factors that contribute towards the system of dowry. Some of these
include inheritance systems and the brides economic status.

Some suggestions point to economics and weak legal institutions on inheritance place women
in disadvantage, with inheritances being left only to sons. 3 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). Despite the new inheritance law, dowry has continued as a

3 Edward Sachau (Translator), Biruni, Muh ammad ibn Ah mad, Alberuni's India (Vol. 2), Trubner &
Co. (London, 1910.) Chapter LXXII: 164

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process whereby parental property is distributed to a daughter at her marriage by a social
process, rather than after parents death by a slow court supervised process under Hindu
Succession Act (1956).

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.

1.1.2 SOCIAL FACTORS

The structure and kinship of marriage in parts of India contributes to dowry. In the north,
marriage usually follows lives with husbands family system, where the groom 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.

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.4

While India has been making progress for womens rights, women continue to be in a
subordinate status in their family. Womens 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.

1.1.3 RELIGIOUS FACTORS

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

4 Teays, Wanda (1991). "The Burning Bride: The Dowry Problem in India". Journal of Feminist
Studies in Religion 7 (2): 2952.

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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. The other is made up of
valuable goods, clothes, jewellery, and 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.5

1.2 DOWRY IN THE MODERN ERA

A social awareness campaign for not taking dowry

Dowry has been a prevalent practice in India's modern era and in this context, it can be in the
form of a payment of cash or gifts from the bride's family to the bridegroom's family upon
marriage. There are variations on dowry prevalence based on geography and class. States in
the north are more likely to participate in the dowry system among all classes, and dowry is
more likely to be in the form of material and movable goods. In the south, the bride price
system is more prevalent, and is more often in the form of land, or other inheritance goods.
This system is tied to the social structure of marriage, which keeps marriage inside or close to
family relations.6

Dowry also varies by economic strata in India. Upper-class families are more likely to engage
in the dowry system than the lower class.

When dowry evolved in the Vedic period, it was essentially followed by the upper castes to
benefit the bride, who was unable to inherit property under Hindu law. To counter this, the
brides family provided the groom with dowry which would be registered in the brides name.
This dowry was seen as stridhan. Also, an important distinction is the fact that while the
upper castes practiced dowry, the lower castes practiced bride price to compensate her family
for the loss of income. In the modern era, the concept of dowry has evolved and Indian
families no longer practice the traditional Vedic concept of dowry. This is because with the
passage of time, bride price gradually disappeared and dowry became the prevalent form of

5 Supra note 1;p 4

6 Supra note 3;p 6

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transfer. In the modern era, the practice of dowry requires the brides family to transfer goods
to the grooms family in consideration for the marriage.

Since marriages in India are a time for big celebrations in each family, they tend to be very
lavish. Accordingly, Indian weddings usually involve considerable expenditure and
accompanying wedding presents from relatives in both sides of the family. This is normal
expenditure which is done willingly and varies from one family to another depending on the
wealth, status, etc. Many times, as part of this mutual 'give-and-take', an attempt is made by
the grooms family to dictate the quantum of each gift along with specific demands for
dowry. In such circumstances, there is an element of exerting coercion on the brides family
and this is what has come to be recognized as the menace of dowry in todays times. 7 Dowry
does not refer to the voluntary presents which are made to the bride and the groom; rather it is
what is extracted from the bride or her parents.8

1.3 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 brides 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 brides 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).

7 Rani Jethmalani & P.K. Dey (1995). Dowry Deaths and Access to Justice in Kali's Yug:
Empowerment, Law and Dowry Deaths. pp. 36, 38.

8 S. Krishnamurthy (1981). The Dowry Problem: A Legal and Social Perspective, Ch. The Roots of
Dowry. Bangalore: IBH Prakashana. p. 22.

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 1.3.1 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. Such cruelty could
just 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. 9 In many instances, such
cruelty may even force the woman to commit suicide and it has been specifically criminalized
by the anti-dowry laws in India.

1.3.2 DOMESTIC VIOLENCE

Domestic violence includes a broad spectrum of abusive and threatening behaviour 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.

1.3.3 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 defence that the victim committed suicide at her
own volition, even though this may not be true in reality.

9 National Crime Statistics 2012 (p. 196)

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 1.3.4 DOWRY DEATH

Dowry deaths relate to a brides suicide or murder committed by her husband and his family
soon after the marriage because of their dissatisfaction with the dowry. 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 grooms family.10

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.

1.4 CRITICISMS ON THE ENFORCEMENT OF DOWRY LAWS

10 Supra note 4;p 7

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Although the changes in Indian criminal law reflects a serious effort by legislators to put an
end to dowry-related crimes, and although they have been in effect for many years now, they
have been largely criticised as being ineffective. Despite the Indian government's efforts, the
practice of dowry deaths and murders continues to take place unchecked in many parts of the
country and this has further added to the concerns of enforcement. There is criticism by
women's groups that India's dowry harassment laws are ineffective because the statutes are
too vague, the police and the courts do not enforce the laws and social mores keep women
subservient and docile, giving them a subordinate status in the society. Further, many women
are afraid to implicate their husbands in a dowry crime simply because the Indian society is
viewed as having conditioned women to anticipate or expect abuse and in some sense
eventually, endure it. While the laws give great powers, they are not effectively enforced by
the police or by courts. It can take up to 10 years for a case to go to court and even once in
court, husbands and in-laws end up getting away with extortion or even murder because the
women and their families cannot prove 'beyond reasonable doubt' that they are the victims of
such crimes, as there are rarely any outside witnesses.11 Moreover, when deaths occur through
bride burning, evidence itself is usually lost in flames.

1.5 CRITICISMS ON THE ABUSE OF DOWRY LAWS

There is growing criticism that the dowry laws are often being misused, particularly section
498A IPC which is observed by many in India as being prone to misuse because of
mechanical arrests by the police. According to the National Crime Records Bureau statistics,
in 2012, nearly 200,000 people including 47,951 women, were arrested in regard to dowry
offences. However, only 15% of the accused were convicted. According to Shonee Kapoor, to
minimize the misuse of such laws, false dowry complaints should be punished.

Section 498A IPC was challenged but upheld by the Supreme Court of India in 2005. In
2010, the Supreme Court lamented about the possible misuse of anti-dowry laws in Preeti
Gupta & Another v. State of Jharkhand & Another and recommended a detailed investigation.
Based on the Supreme Court's observations, the Indian parliament set up a committee headed
by Bhagat Singh Koshyari. In July 2014, in the case of Arnesh Kumar v. State of Bihar &
Anr., a two-judge bench of the Supreme Court reviewed the enforcement of section 41(1) (A)

11 http://www.britannica.com/topic/dowry (20th October 2015)

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of Cr.P.C which instructs state of following certain procedure before arrest, and went on to
observe that the 498A had become a powerful weapon in the hands of disgruntled wives
where innocent people were arrested without any evidence due to non-bailable and
cognizable nature of the law.12 The decision received criticism from feminists because it
weakened the negotiating power of women. Others welcomed the decision as landmark
judgment to uphold the human rights of innocent people.

On April 19, 2015, the Indian government sought to introduce a bill to amend Section 498A
IPC based on the suggestions of the Law Commission and Justice Malimath committee on
reforms of criminal justice. News reports indicate that the proposed amendment will make the
offence compoundable and this would facilitate couples to settle their disputes.

CHAPTER 2: HISTORICAL BACKGROUND OF DOWRY SYSTEM IN INDIA

12 http://menrightsindia.net/2015/01/dowry-stridhan-cruelty-under-498a-more.html

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In India, Dowry refers to the durable goods, cash, and real or movable property that the
bride's family gives to the bridegroom, his parents, or his relatives as a condition of the
marriage. It is essentially in the nature of a payment in cash or some kind of gifts given to the
bridegroom's family along with the bride and includes cash, jewellery, electrical appliances,
furniture, bedding, crockery, utensils and other household items that help the newlyweds set
up their home.

The dowry system is thought to put great financial burden on the bride's family. In some
cases, the dowry system leads to crime against women, ranging from emotional abuse, injury
to even deaths. The payment of dowry has been prohibited under specific Indian laws
including, the Dowry Prohibition Act, 1961 and subsequently by Sections 304B and 498A of
the Indian Penal Code.

The history of dowry in South Asia is not clear. Some scholars believe dowry was practiced
in antiquity, but some do not. Historical eyewitness reports, as discussed below, suggest
dowry in ancient India was insignificant, and daughters had inheritance rights, which by
custom were exercised at the time of their marriage.

Stanley J.Tambiah claims the ancient Code of Manu sanctioned dowry and bride wealth in
ancient India, but dowry was the more prestigious form and associated with the Brahmanic
caste. Bridewealth was restricted to the lower castes, who were not allowed to give dowry. He
cites two studies from the early 20th century with data to suggest that this pattern of dowry in
upper castes and bridewealth in lower castes has persisted through the first half of the 20th
century. However, it is more likely that marriages involved both reciprocal gifts between the
two families, claims Tambiah, so that insofar as the groom's family gives the bridewealth, it
tends to be given back as the culturally validated dowry to the bride as part of her conjugal
estate.

Michael Witzel, in contrast, claims the ancient Indian literature suggests dowry practices
were not significant during the Vedic period.13 Witzel also notes that women in ancient India
had property inheritance rights either by appointment or when they had no brothers.

The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they
cite ancient Indian literature suggesting bridewealth was paid even in brahma- and daiva-
types of marriage associated with the Brahmanic (priestly) upper caste. Dowry was not
13 Charles Mwalimu (2007), The Nigerian Legal System: Public Law, Volume 1 (ISBN 978-0-8204-
7125-9), pages 546-551

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infrequent when the girl suffered from some bodily defect. Property rights for women
increased in ancient India, suggest MacDonell and Keith, over the Epics era. Kane claims
ancient literature suggests bridewealth was paid only in the asura-type of marriage that was
considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld
suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned
to celebrate marriage' were ceremonial dress and jewellery along with gifts that were her
property, not property demanded by or meant for the groom Lochtefeld further notes that
bridal adornment is not currently considered as dowry in most people's mind.14

Above analysis by various scholars is based on interpreting verses of ancient Sanskrit fiction
and inconsistent smrtis from India, not eyewitness accounts. Available eyewitness
observations from ancient India give a different picture. One of these are the eyewitness
records from Alexander the Great conquest as recorded by Arrian and Megasthenes. Arrian
first book mentions a lack of dowry, Arrian's second book similarly notes.

The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian.
About 1200 years after Arrian's visit, another eyewitness scholar visited India named Abu
Rayhan Al Biruni, also known as Al-Biruni. Al-Biruni was an Islamic era Persian scholar who
went and lived in India for 16 years from 1017 CE. He translated many Indian texts into
Arabic, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed,
the implements of wedding rejoicings are brought forward. No gift that is dower or dowry is
settled between them. The man gives only a present to his wife, as he thinks it fit, and a
marriage gift in advance, which he has no right to claim back, but proposed wife may give it
back if she does not want to marry.

Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from
her father, but only a fourth part of her brother. The daughter took this inheritance amount
with her when she married, claimed Al-Biruni, and she had no rights to income from her
parents after her marriage or to any additional inheritance after her father's death. If her father
died before her marriage, her guardian would first pay off her father's debt, then allocate a
fourth of the remaining wealth to her upkeep till she is ready to marry, and then give the rest
to her to take with her into her married life.

However, there are references to bride-price in the context of the traditional forms of
marriage. There are certainly references to ornaments given to the bride. The Smritis also do
14 Supra note 2;p 5

20 | P a g e
not mention dowry. Dowry is a phenomenon which emerged in the medieval period. The
Rajput princes, thikanedars and jagirdars gave away gifts to their daughters at the time of
marriage with a view to exhibit their prosperity and superior status. In course of time the
practice filtered down from the rich Rajputs and other twice-born castes to other sections.

The giving of gifts and help to a daughter was quite a normal activity in ancient India. It was
voluntary and not demanded. However, in medieval India, Mughal rulers and Nawabs
demanded high dowries. The Rajput kings gave dowries to ensure that their daughters lived
comfortably after their marriage. Dowry was demanded rather than voluntarily offered.
However, the system was confined to the ruling classes, Rajputs and Brahmanas.

Dowry originated in upper caste families as the wedding gift to the bride from her family.
The dowry was later given to help with marriage expenses and became a form of insurance in
the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961,
it continues to be highly institutionalized. The groom often demands a dowry consisting of a
large sum of money, farm animals, furniture, and electronics.

In north India, bride-takers are not only superior in status, but practically dictate terms to the
bride-givers. They dictate the items to be given in the dowry and the arrangements to be made
at the time of marriage. One often hears in north India: What can we do, we are on the side
of the bride (ladkiwalas). If a girl is born, you accept your defeat in this world. If anything
goes wrong or is against the desire of the grooms parents, it becomes a life-long curse for the
bride and her parents. It becomes the cause of her torture by in-laws and, sometimes, even by
her husband.

Thanks to the efforts of NGOs and government for decline in dowry deaths in 2001-2005. In
2001, there were 6851 cases, whereas in 2002 to 2005, there were 6822, 6208, 7026 and 6787
cases, respectively. Only in 2004, there was slight increase, but again in 2005, the 2001
pattern remerged. Of the total cases in 2005, 23 per cent were from Uttar Pradesh and 14.9
per cent from Bihar. Madhya Pradesh too was not far behind compared to Bihar.15

Dowry varies from caste to caste and from region to region. It varies depending upon urban,
rural, caste and family background. Dowry is a socio-structural phenomenon. Variations in
social structure, in terms of caste, class, ethnicity, religion, region and culture, result in
variations of the system of dowry.
15 http://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india-/47642/ ( 20th October
2015)

21 | P a g e
One who is a bride-giver remains socially inferior to the bride-taker throughout his life, and,
in fact, for several generations to come. It is not that the bride-giver gives dowry only once at
the time of marriage, but it is a continuous process. The bride receives gifts and presents
throughout her life. The quality and amount of these gifts and presents depend upon the status
and economic position of the bride-giving family.

Dowry has also become a symbol of prestige for both the dowry-givers and the dowry-takers.
It is considered a matter of dignity to give more dowry than ones kinsmen and caste-fellows
and others. Parents of a boy boast that their son fetched a very high amount of dowry,
including a car, a plot of land or a flat, a video and all other luxury and household goods.
Both givers and takers of dowry talk about these things and value them with a feeling of
pride.

It has become customary to give dowry. Marriage without dowry has become almost
unthinkable. In south India, dowry is called stridhanam.16

In north India, it is considered as a gift or dahej. Whatever conception or name is given to

dowry, it is certain that dowry is not the right of a-girl who leaves her parents house after
getting married. But it is also a fact that since a girl joins her husbands house in Hindu
patriarchal society, she is given due compensation in the form of dowry. Dowry is a gift, a
dan. Even a girl is given as a dan. This is called kanyadan.

There is also an element of reciprocity because parents of the groom are expected to give
gifts and presents, including clothes and ornaments to the bride.

However, this is an unequal exchange in two ways:

(1) The parents of a groom spend much less on the gifts compared to what the brides parents
spend on dowry; and

(2) The gifts given to the bride remain with the grooms family as the bride joins her in-laws
family permanently, and dowry also becomes the property of grooms family.

Therefore, there is not really an equal exchange or reciprocity in the system. Today, the fact is
that parents want to give their daughter to a family of high repute and to a highly educated
boy with a lucrative job or who is likely to get a good job.

16 http://www.indianchild.com/dowry_in_india.htm (18th October 2015)

22 | P a g e
The giving of gifts and help to a daughter was quite a normal activity in ancient India. It was
voluntary and not demanded. However, in medieval India, Mughal rulers and Nawabs
demanded high dowries. The Rajput kings gave dowries to ensure that their daughters lived
comfortably after their marriage. Dowry was demanded rather than voluntarily offered.
However, the system was confined to the ruling classes, Rajputs and Brahmanas.

The lower castes had, on the contrary, a system of bride-price. Among the lower castes, a
female member was considered an asset for family useful for agricultural labour and other
traditional occupations. Hence, the question of dowry did not arise.

Even, the poor borrowed money to give dowry. The poor Rajputs in Rajasthan started killing
newly born female children due to fear of dowry. Bengal also had this evil of dowry in a
pronounced form.17

In the early days dowry was an institution in which gifts and presents were given to a girl at
the time of her marriage when she was required to leave her parents home and join her
husbands household. But, in course of time, it became a crude institution resulting in female
infanticide, suicide, bride-burning and other indignities and cruelties.

In India, and particularly in Delhi and other metropolis, dowry murders and suicides have
become a matter of great concern. In Delhi alone, a bride was burnt to death every twelve
hours. A total of 162 cases of burning of women were reported in Delhi between 1 April and
30 June 1983.18 This was an all-time high number of such incidents, and dowry was the most
prominent cause of such a phenomenon.

English education and white-collar jobs have accentuated the problem of dowry. A boy with
good education and employment becomes much sought after match for a girl. If anything has
kept some pace with wider social and economic changes in India, it is the increase in dowry
in terms of cash and material goods. Whatever new products come to the market, such as
motorcycle, car, music system, DVD player, television, refrigerator, household goods,
electrical appliances, clothes, ornaments, furniture, etc., have become a part of dowry.

CHAPTER 3: LEGISLATIVE PROVISIONS ON DOWRY

17 http://www.britannica.com/topic/dowry (22nd October 2015)

18 Ibid17 ;p 18

23 | P a g e
Dowry became a social evil in the society. If parents of moderate economic standing cannot
meet dowry demands, their daughter remains unmarried; or if they manage to give a dowry,
they get into heavy debt. Demands for more dowries after marriage have become a source of
conflict between families of the boy and that of the girl. When the demands are not met,
brides are harassed, tortured, burnt, or they commit suicide. So, to prohibit the demanding,
giving and taking of Dowry, the Dowry Prohibition Act, 1961 is in force since 1st July 1961.

3.1 THE DOWRY PROHIBITION ACT 196119

ACT NO. 28 OF 1961

[20th May, 1961]

An Act to prohibit the giving or taking of dowry.

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:-

1. Short title, extent and commencement

(a) This Act may be called the Dowry Prohibition Act, 1961.

(b) It extends to the whole of India except the State of Jam and Kashmir.

(c) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.

2. Definition of "dowry"

In this Act, "dowry" means any property or valuable security given or agreed to be
given either directly or indirectly-

(a) By one party to a marriage to the other party to the marriage; or

(b) By the parents of either party to a marriage or by a other person, to either party to the
marriage or to any other person;

at or before or after the marriage us consideration for the marriage of the said parties, but
does not include dower or mahr in the case of persons to whom the Muslim Personal Law
(Shariat) applies.

19 ncw.nic.in/acts/THEDOWRYPROHIBITIONACT1961.pdf (24th October 2015)

24 | P a g e
Explanation I-For the removal of doubts, it is hereby declare that any presents made at the
time of a marriage to either party to the marriage in the form of cash, ornaments, clothes
or other articles, shall not be deemed to be dowry within the meaning of this section, unless
they are made as consideration for the marriage of the said parties.

Explanation II-The expression "valuable security" has the same meaning as in section 30 of
the Indian Penal Code. (45 of 1860.)

3. Penalty for giving or taking dowry

If any person, after the commencement of this Act, gives or takes or abets the giving or taking
of dowry, he shall be punishable with imprisonment which may extend to six months, or with
fine which may extend to five thousand rupees, or with both.

4. Penalty for demanding dowry

If any person, after the commencement of this Act, demands, directly or indirectly, from
the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be
punishable with imprisonment which may extend to six months, or with fine which may
extend to five thousand rupees, or with both:

Provided that no court shall take cognizance of any offence under this section except with the
previous sanction of the State Government or of such officer as the State Government may,
by general or special order, specify in this behalf.

5. Agreement for giving or taking dowry to be void

6. Dowry to be for the benefit of the wife or her heirs

(1) Where any dowry is received by any person other than the woman in connection with
whose marriage it is given, that person shall transfer it to the woman-

(a) If the dowry was received before marriage, within one year after the date of marriage; or

(b) If the dowry was received at the time of or after the marriage, within one year after the
date of its receipt; or

(c) If the dowry was received when the woman was a minor, within one year after she has
attained the age of eighteen years; and pending such transfer, shall hold it in trust for the
benefit of the woman.

25 | P a g e
(2) If any person fails to transfer any property as required by sub-section (1) and within the
time limited therefor, he shall be punishable with imprisonment which may extend to six
months, or with fine which may extend to five thousand rupees, or with both; but such
punishment shall not absolve the person from his obligation to transfer the property as
required by sub-section (1).

(3) Where the woman entitled to any property under sub-section (1) dies before receiving
it, the heirs of the woman shall be entitled to claim it from the person holding it for the
time being.

(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.

7. Cognizance of offences

Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898.)--

(a) No court inferior to that of a presidency magistrate or a magistrate of the first class shall
try any offence under this Act;

(b) No court shall take cognizance of any such offence except on a complaint made within
one year from the date of the offence;

(c) It shall be lawful for a presidency magistrate or a magistrate of the first class to pass any
sentence authorised by this Act on any person convicted of an offence under this Act.

8. Offences to be non-cognizable, bailable and non-compoundable

Every offence under this Act shall be non-cognizable, bailable and non-compoundable.

9. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before
each House of Parliament while it is in session for a total period of thirty days which may be
comprised in one session or in two successive sessions, and if before the expiry of the
session in which it is so laid or the session immediately following, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no effect, as the

26 | P a g e
case may be, so however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.

10. Repeals

The Andhra Pradesh Dowry Prohibition Act, 1958, (Andhra Pradesh Act 1 of 1958.) and the
Bihar Dowry Restraint Act, 1950, (25 of 1950.) are hereby repealed.

To stop the offences of cruelty by husband or his relatives on wife, Section 498-A has been
added in the Indian Penal Code, and Section 198-A has been added in the Criminal Procedure
Code since the year 1983.

In the case of suicide by a married woman, within 7 years from the date of her marriage, the
Court may presume that such suicide has been abetted, encouraged by her husband or his
relatives. Provision to this effect has been added in the Indian Evidence Act, by adding
Section 113-A since the year 1983.

The object in forming the Dowry Prohibition Act and adding provisions in the Indian Penal
Code, the Criminal Procedure Code and the Indian Evidence Act is to remove the evil of
dowry system and give protection to women.

Because of the Dowry Prohibition Act, a person who gives or takes, or helps in the giving or
taking of dowry can be sentenced to jail for 5 years and fined Rs.15000 or the amount of the
value of dowry, whichever is more. Because of the Dowry Prohibition Act, to give or to agree
to give, directly or indirectly, any property or valuable security, in connection with a marriage
is prohibited. The giving of or agreeing to the giving of any amount either in cash of kind,
jewellery, articles, properties, etc. in respect of a marriage is absolutely prohibited by the
Dowry prohibition Act.

Because of the Dowry Prohibition Act, even the making of a demand for dowry also is now
prohibited and it is punishable with imprisonment of 5 years and a fine of Rs.10000.

Because of the Dowry Prohibition Act, now nobody can advertise to give money or share in
his property as a consideration of the marriage.

Because of the Dowry Prohibition Act, an Agreement between the parties, to give or to take
dowry, is considered as void and cannot be enforced in law and the person who has received
dowry is liable to return it to the wife.

27 | P a g e
Genuine presents offered to the Bride or to the Bridegroom, at the time of the marriage, are
however not prohibited by this Act. The giving of such presents however must be customary.
The value of such presents, however, should not be excessive, compared to the financial
status of the parties giving such presents. A list of such presents is also required to be
maintained wherein the name of the person who has given the present, his relationship with
the Bride or Bridegroom, description of the presents given and the value of the presents is to
be mentioned and that list has to be signed by both the Bride and the Bridegroom.

The demanding of dowry itself is a cruel act and can be a ground of Divorce. A husband or
his relatives can be punished for behaving cruelly with the wife by demanding dowry and can
be sentenced for 3 years imprisonment and also fined. Harassment of a woman for dowry is
now a criminal offence and ill treatment of a woman for dowry can also be punished.

On account of the Dowry Prohibition Act, a wife or her relatives can now take recourse of
law and if dowry is demanded or a wife is harassed on account of dowry, the persons doing
so can be punished.

Unfortunately, despite all these legislations, ill treatment of women in our society still
continues. The system of dowry, the evil of dowry still exists. Dowry deaths and Dowry
suicides still happen every day. If we pick up any newspaper, we will find a case of dowry
death or a dowry suicide or harassment of a woman on account of dowry. What is surprising
is, that such demand of dowry, such harassment for dowry, dowry deaths and dowry suicides
are even found in the affluent and educated society. However, the purpose of legislature in
making the Dowry Prohibition Act and amendments to other acts is not lost. On account of
such laws, the evils of dowry have definitely come under control. Cases of harassment to
wife have reduced and have come to light on account of these laws.

Few years ago, when these laws were not in force, particularly when the Dowry Prohibition
Act, 1961 had not been enacted, there was no remedy for a harassed wife or her parents
against the demand for dowry. The numerous cases about the dowry death or harassment on
account of dowry which you now read in the Newspapers have come to light because of these
laws. If these laws had not been made, a troubled wife or her relatives would not have been in
a position to complain against the demand for dowry or the taking of dowry. The evil of
dowry has definitely been brought under control to a very great extent by these laws and
these laws definitely provide great relief to a wife.

28 | P a g e
Husbands, however, complain that these laws are being misused and that on account of these
laws, wives or their parents make false complaints against the husband and his family
members just to harass them. Many times, when a husband files a petition for divorce, the
wife or her parents take recourse under the Dowry Prohibition Act and lodge false
complaints, under that Act, against the husband or his parents, so as to pressurize the
husband. Well, every coin has two sides. It cannot be denied that, at times, the Dowry
Prohibition Act, is being misused. But this Law has certainly helped the bride and has
reduced the evil of Dowry.

Unless there is a strong awareness in the minds of the people, unless the entire society
believes that dowry is an evil, unless the entire society objects to the demand for dowry,
unless every mother-in-law thinks that at one time she too was a daughter-in-law, unless
every mother thinks that the treatment which she gives to her daughter-in-law can also be
received by her own daughter, the evils of dowry will remain in society. The Law definitely
helps to prevent the evil of dowry but to make the Law effective and fruitful, people should
follow the Law and see that dowry demands are not made and dowry deaths do not occur. A
word of advice: One should not treat Marriage as a lottery. After all The Love of money is
the root of all evil.

Since many false cases of dowry came to light Supreme Court had given an order or
statement that-No arrests under anti-dowry law without magistrates nod20

NEW DELHI: The Supreme Court said women were increasingly using the anti-dowry law to
harass in-laws and restrained police from mechanically arresting the husband and his relatives
on mere lodging of a complaint under Section 498A of the Indian Penal Code.

Citing very low conviction rate in such cases, it directed the state governments to instruct
police "not to automatically arrest when a case under Section 498A of IPC is registered but to
satisfy themselves about the necessity for arrest under the parameters (check list) provided
under Section 41 of criminal procedure code".

Section 41 lays down a 9-point check list police to weigh the need to arrest after examining
the conduct of the accused, including possibility of his absconding.

20 http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-
nod-SC/articleshow/37661519.cms (2nd November 2015)

29 | P a g e
Expressing exasperation over rampant misuse of Section 498A, a bench of Justices C K
Prasad and P C Ghose said if police arrested the accused, the magistrate should weigh the
preliminary evidence against the Section 41 checklist before allowing further detention.

"The magistrate, while authorising detention of the accused shall peruse the report furnished
by the police officer in terms of Section 41 and only after recording its satisfaction, the
magistrate will authorize detention," the bench said. It also said that this check-list for arrest
and detention would apply to all offences, which are punished with a prison term less than 7
years. Punishment under Section 498A is a maximum of three years but it had been made a
cognizable and non-bailable offence, which made grant of bail to the accused a rarity in
courts.

(Binoy Manuel, one of the men who claims to have been implicated in a false dowry
harassment case by his wife is wearing a T-Shirt with slogan and helpline details to counsel
men who have been in his position.)

But the court singled out the dowry harassment cases as the most abused and misused
provision, though the legislature had enacted it with the laudable object to prevent harassment
of women in matrimonial homes. Writing the judgment for the bench, Justice Prasad said

30 | P a g e
there had been a phenomenal increase in dowry harassment cases in India in the last few
years. "The fact that Section 498A is a cognizable and non-bailable offence has lent it a
dubious place of pride amongst the provisions that are used as weapons rather than shield by
disgruntled wives," he said. "The simplest way to harass is to get the husband and his
relatives arrested under this provision. In a quite number of cases, bed-ridden grand-fathers
and grand-mothers of the husbands, their sisters living abroad for decades are arrested," he
said. The bench quoted "Crime in India 2012 Statistics" published by National Crime
Records Bureau to say that nearly 2 lakh people were arrested in India in 2012 under Section
498-A, which was 9.4% more than in 2011.

"Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951
which depicts that others and sisters of the husbands were liberally included in their arrest
net. Its share is 6% out of the total persons arrested under the crimes committed under Indian
Penal Code. It accounts for 4.5% of total crimes committed under different sections of penal
code, more than any other crimes excepting theft and hurt," it said. "The rate of charge-
sheeting in cases under Section 498A is as high as 93.6%, while the conviction rate is only
15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which
on current estimate, nearly 3,17,000 are likely to result in acquittal," the bench said
illustrating the misuse of Section 498A as a tool to harass husband and his relatives.

Describing arrest as a humiliating experience apart from curtailing the freedom, the bench
said police have not shed their colonial hangover despite six decades of independence and
were still considered "as a tool of harassment, oppression, and surely not considered a friend
of public". The need for caution in exercising the drastic power of arrest had been
emphasized time and again by courts but has not yielded results, the court said and tasked the
magistrates to check illegal arrests.

3.2 CONSTITUTION VALIDITY OF SECTION 498-A

In Inder Raj Malik and others vs. Mrs. Sumita Malik, it was contended that this section is
ultra vires Article 14 and Article 20 (2) of the Constitution. There is the Dowry Prohibition
Act which also deals with similar types of cases; therefore, both statutes together create a
situation commonly known as double jeopardy. But Delhi High Court negatives this
contention and held that this section does not create situation for double jeopardy. Section

31 | P a g e
498-A is distinguishable from section 4 of the Dowry Prohibition Act because in the latter
mere demand of dowry is punishable and existence of element of cruelty is not necessary,
whereas section 498-A deals with aggravated form of the offence. It punishes such demands
of property or valuable security from the wife or her relatives as are coupled with cruelty to
her. Hence a person can be prosecuted in respect of both the offences punishable under
section 4 of the Dowry Prohibition Act and this section.21

This section gives wide discretion to the courts in the matters of interpretation of the words
occurring in the laws and also in matters of awarding punishment. This provision is not ultra
vires. It does not confer arbitrary powers on courts.

In the leading case of Wazir Chand vs. State of Haryana, involving the death by burning of
a newly married woman, the circumstances did not establish either murder or an abetted
suicide and thus in-laws escaped the jaws of section 300 and 306, but they were caught in the
web of this newly enacted section for prevention of harassment for dowry. Not to speak of the
things they are persistently demanding from the girls side, the fact that a large number of
articles were taken by her father after her death from her matrimonial abode showed that
there was pressure being exerted on-in laws and continued to be exerted till death for more
money and articles.

With the rise in modernization, education, financial security and the new found independence
the radical feminist has made 498A a weapon in her hands. Many a hapless husbands and in
laws have become victims of their vengeful daughter-in-laws. Most cases where Sec 498A is
invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in
India) as they are mere blackmail attempts by the wife (or her close relatives) when faced
with a strained marriage. In most cases 498A complaint is followed by the demand of huge
amount of money (extortion) to settle the case out of the court.

3.3 SEC 498A AND THE ALLEGATION OF MISUSE

In the last 20 years of criminal law reform a common argument made against laws relating to
violence against women in India has been that women misuse these laws. The police, civil
society, politicians and even judges of the High Courts and Supreme Court have offered these

21 http://infochangeindia.org/women/analysis/sc-upholds-constitutionality-of-section-498-a.html
(23rd October 2015)

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arguments of the "misuse' of laws vehemently. The allegation of misuse is made particularly
against Sec 498A of the IPC and against the offence of dowry death in Sec 304B. One such
view was expressed by former Justice K T Thomas in his article titled 'Women and the Law',
which appeared in The Hindu. The 2003 Malimath Committee report on reforms in the
criminal justice system also notes, significantly, that there is a "general complaint" that Sec
498A of the IPC is subject to gross misuse; it uses this as justification to suggest an
amendment to the provision, but provides no data to indicate how frequently the section is
being misused. It is important therefore that such "arguments" are responded to, so as to put
forth a clearer picture of the present factual status of the effect of several criminal laws
enacted to protect women.

Domestic violence and abuse by spouses and family members are complex behaviours and
the social organisation of courts, the police and legal cultures systematically tend to devalue
domestic violence cases. Sec 498A was introduced in the IPC in 1983 and the reforms of the
past 20 years have not been adequately evaluated at all by the government with respect to
their deterrence goals, despite the institutionalization of law and policy to criminalize
domestic violence. A program of research and development is urgently required to advance
the current state of knowledge on the effects of legal sanctions on domestic violence. The
narrow or perhaps almost negligible study done by law enforcement agencies about the
deterrent effects of legal sanctions for domestic violence stands in high contrast with the
extensive efforts of activists, victim advocates and criminal justice practitioners in mobilizing
law and shaping policy to stop domestic violence. It is important to do these studies to correct
the general misconceptions that women are misusing the law by filing false cases against
their husbands and in-laws in order to harass them and get them convicted. The perspective of
the state and its agencies needs to change from that of protecting the husbands and in-laws
against potential "misuse" of the laws of domestic violence to that of implementing their real
purpose to recognize that such violence is a crime and protect women who have the courage
to file complaints against their abusers.22

Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste, sex
or place of birth. However, it allows special provisions for women and children. Article 21A
provides for free and compulsory education to all children from the ages of six to 14 years.
Article 24 prohibits employment of children below 14 years in mines, factories or any other

22 http://www.legallyindia.com/easyblog/section-498a-of-ipc-its-use-misuse-html (23rd October

2015)

33 | P a g e
hazardous employment. The court also took note of Article 14 guaranteeing equality, and
Article 21 providing that a person cannot be deprived of life and liberty except according to
procedure established by the law. Similarly, Article 23 prohibiting human trafficking and
forced labour was also referred to in the courts judgment.

Moving away from fundamental rights to the directive principles, the court pressed into
service provisions relating to the health of women and children. Article 39(f) directs the State
to ensure that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity, and that childhood and youth are protected against
exploitation and moral and material abandonment. Article 42 directs the State to make
provisions for just and humane conditions of work, and maternity beliefs. Article 45
stipulates that the State shall provide early childhood care and education for all children until
the age of six. Article 47 lays down the raising of level of nutrition and standard of living of
people, and improvement of public health as a primary duty of the State.

This section tries to maintain that every married woman needs to be given due respect and
treated with care. It reinforces the fact that a woman is not a toy to be played with, to be
thrown away at ones whims and fancies and treated as inferior to any other. It inherently asks
for husbands to treat their wives well and not misbehave or demand unjustly which in a way
sends forth a message that a woman is a commodity for sale.

What section 498A IPC tries to do is prevent and punish the above act and re-assert a
womans right to live a peaceful and happy life.

3.4 USE OF SECTION 498A BY INDIAN COURTS

Indian Courts had been using this provision to safeguard the women from facing the cruelty
faced by them at their matrimonial home.

9 out of 10 of the cases are always related to dowry, wherein the woman is continuously
threatened for want of more money and property which if remains unfulfilled, the married
woman is tortured, threatened, abused- both physically and verbally and harassed. Like in the
case of Ram Kishan Jain &Ors v State of Madhya Pradesh due to insufficiency of dowry
demands the woman was administered calmpose tablets and thereafter she even cut the

34 | P a g e
arteries of both her hands. Sometimes, dowry may not be the cause but the woman for several
reasons like her complexion or family status is tortured to death.

In the case of Surajmal Banthia & Anr. v. State of West Bengal, the deceased was ill-treated
and tortured for several days and even not given food several times. Her father- in-law also
misbehaved with her quite often. This is the treatment that several young brides face when
they move out of their parents home and into the house of her in-laws. It is the duty of the
court to prevent any of these abusers from escaping. The increasing rate of bride burning for
want of more dowry and brutal torture of young wives, together with a clear escape of the
abuser is a clear indication that the court has not taken any strong measures for the
implementation of Sec. 498A IPC properly.23

As stated earlier many a times this victim turns into the abuser and is clearly not wronged but
instead wrongs the husband and his family for no fault of theirs. Several cases show that the
married woman takes advantage of the section and sends the respondents to jail under the
ambit of this section.

Many women rights groups justify the abuse of this section as being a common feature with
all other laws and that also the ratio of false cases to that of true ones as being very low. But
this still does not change the truth that there is slowly a rise in the abuse of Sec.498A IPC.

In many judgments, the court has not considered mental cruelty caused to the woman but has
concentrated only on any sign of physical cruelty. If evidence does not show that the woman
was physically harassed, then the court does not look into the case. What the court does is call
the woman hyper- sensitive or of low tolerance level and having an unstable mind.

Also Sec.498A IPC does not only deal with dowry deaths but also any willful conduct on part
of the husband which causes harm to the wifes life, limb or health (whether mental or
physical).To prove that cruelty was caused under Explanation a) of S.498A IPC it is not
important to show or put forth that the woman was beaten up- abusing her verbally, denying
her conjugal rights or even not speaking to her properly would fall into the ambit of mental
cruelty.

Showing any mercy to abusers or giving them the benefit of doubt when some proof to
torture at their hands is present is completely wrong. Like in the case of Ashok Batra & Ors v
State even though letters of the deceased stating that harassment had taken place was present,

23 Supra note 12;p 13

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not treating them as strong evidence and giving the appellants a benefit of doubt without
ordering for a further investigation into the matter is wrong.

The judges have in several instances made a very narrow interpretation of this section,
considering it to be only cruelty in relation to unlawful demands or dowry demands. In a
particular case, the court went to the extent of stating that merely because her in-laws or
husband were to chastise the woman for improper or immoral conduct, it does not necessarily
amount to cruelty. This act of chastising the woman clearly amounts to mental cruelty,
something that the court apparently failed to notice. Here, considering the woman to be a
hyper- sensitive woman not used to usual wear and tear of social life is completely erroneous.

In the case of Bomma Ilaiah v State of AP the husband of the complainant tortured the
woman physically by forcing his wife to have sexual intercourse with him. He inserted his
fingers and a stick in her vagina, causing severe pains and bleeding but the court found the
husband of this woman guilty only under Sec. 325 IPC and not Sec. 498A IPC. Why? Her life
both physically and mentally was at risk. Didnt the court notice this?

The court has in another case not punished the guilty under Sec.498A IPC even though
medical reports clearly showed that the death was homicidal by throttling. This was simply
because according to the court, even though there were dowry demands in the past, the court
felt that proximity of the death to be caused due to such a demand was unlikely. Who decides
this proximity? The cause and its effect on the womans health or life may be profound and
even cause her mental unrest at a later stage.

While on the other hand, womens emancipation is the need of the hour and prevention of
ever increasing dowry deaths and harassment needs to be stopped, it is also clearly noticed
that women today are still tortured and often the court, being the ultimate savior also does not
come to the rescue to protect these women.

3.5 MISUSE OF SECTION 498 IN MODERN WORLD

A violation of this section, its goals and its aims is on the rise with the woman frivolously
making false allegations against their husbands with the purpose of getting rid of them or
simply hurting the family.

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The abuse of this section is rapidly increasing and the women often well- educated know that
this section is both cognizable and non-bailable and impromptu works on the complaint of the
woman and placing the man behind bars.

A startling fact in this case is that the rate of charge sheeting the accused has been 93.6 per
cent, while convictions took place in just 15 per cent of the cases.

According to a Financial Express report, there are about 3.72 lakh pending cases of dowry
harassment in which 3.17 lakh are expected to result into acquittal of the accused. Citing
National Crime Records Bureau (NCRB) data, the report further added.24

According to the anti-dowry law, dowry is defined as any property or valuable security given
or agreed to be given either directly or indirectly by one party to a marriage to the other party
to the marriage or by the parents of either party to a marriage or by any other person, to either
party to the marriage or to any other person at or before (or any other time after the marriage)
in connection with the marriage of the said parties.

This definition makes gifts of jewellery, clothes and cash traditionally given by the grooms
family an offence under the law.

Speaking on the misuse of the anti-dowry law, columnist Madhu Kishwar said, Who decides
what is a voluntary gift and what is given under pressure of a demand? The very same
family that often declares, at the time of marriage, that they only gave voluntary gifts to the
grooms family, does not hesitate to attribute all their gift-giving to extortionist demands
once the marriage turns sour and is headed for a breakdown. Thus, even when marital
troubles may not be connected to tussles over dowry, and the marital strain is due to mutual
incompatibility rather than the husbands violence or abuse, many womens families tend to
seek an advantage in registering cases using the draconian provisions of the anti-dowry law
when the marriage heads towards a breakdown.

She further said that not only receiving dowry but even giving dowry is an offence but it has
never been heard that a brides family is prosecuted.

The anti-dowry law has failed to serve its purpose and the much required course correction
has come with the Supreme Court Judgement.

24 Supra note 22;p 28

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Like in the case of Savitri Devi v Ramesh Chand & Ors, the court held clearly that there was
a misuse and exploitation of the provisions to such an extent that it was hitting at the
foundation of marriage itself and proved to be not so good for health of society at large. The
court believed that authorities and lawmakers had to review the situation and legal provisions
to prevent such from taking place.

This section was made keeping in mind protection of the married woman from unscrupulous
husbands but is clearly misused by few women and again this is strictly condemned in Saritha
v R. Ramachandran where the court did notice that the reverse trend and asked the law
Commission and Parliament to make the offence a non-cognizable and bailable one. It is been
a duty of the court to condemn wrongdoings and protect the victim but what happens when
the victim turns into the abuser? What remedy does the husband have here?

On this ground, the woman gets to divorce her husband and re-marry or even gain money in
the form of compensation.

Many women rights groups go against the idea of making the offence a non-cognizable and
bailable one thinking that this gives the accused a chance to escape conviction. But what this
would do is that it would give a fair chance to the man and above all help meet the ends of
justice. Justice must protect the weaker and ensure that the wronged is given a chance to
claim back his/her due.

When women accuse their husbands under Sec.498A IPC by making the offence non-bailable
and cognizable, if the man is innocent he does not get a chance quickly to get justice and
justice delayed is justice denied. Therefore, the lawmakers must suggest some way of
making this section non-biased to any individual such that the guilty is punished and the
person wronged is given justice.

The position of the women in India is still bad. They still need rights to alleviate themselves
in society but many a times fail to notice others rights as long as their rights are ensured. The
educated woman of today must agree with the mantra of equality and demand the same but
the trend is slowly getting reversed. Women are taking due advantage of the fact that they are
referred to as the weaker sex and on the foundation of rights ensured to them are violating
others rights.

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 3.6 RECENT JUDGEMENTS

Indian Courts in their recent judgements have looked into the matter of misuse of Sec.498A
I.P.C. As this Section provides that when an F.I.R. is lodged all the family members of the
husband can be roped in. In their judicial observations and remarks, the courts have expressed
deep anguish over this law. Here are some recent judicial observations.

In a landmark judgement, the Supreme Court on Wednesday said that without a magistrates
permission police cannot arrest the accused automatically under the existing provisions of
anti-dowry law. The Courts ruling came with concern over the misuse of Section 498A of
IPC by estranged wives against in-laws and husbands.

It also said that the police should present reasons and evidence before a competent magistrate
before taking permission for arrest in such cases.

The Bench comprising justice Chandramauli Kumar Prasad and justice Pinaki Chadra Ghose
made it clear that Section 498-A, which was aimed at combating harassment of women by
husbands and his family, becomes dubious as it makes the offenses of this nature cognisable
and a non-bailable offence due to which it is misused by disgruntled wives against their
husbands and their kin.

Citing crime records, the Court said that in around 25 per cent of those arrested under Sec
498A in 2012 were women relatives of the husbands.25

It is a fact that anti-dowry law has not been able to curb the practice but cases of its misuse
often come to fore in the society. In the wake of such cases, the court came to help the
families which have suffered after being wrongly implicated under anti-dowry law.

The court found the polices attitude of arrest-first-and-then-proceed despicable and said that
such practices must be curbed directing all.

In Kanaraj vs. State of Punjab, the apex court observed as:

For the fault of the husband the in-laws or other relatives cannot in all cases be held to be
involved. The acts attributed to such persons have to be proved beyond reasonable doubt and
they cannot be held responsible by mere conjectures and implications. The tendency to rope
in relatives of the husband as accused has to be curbed.

25 Supra note 22;p 28

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Supreme Court, In Mohd. Hoshan vs. State of A.P. case, observed as:

Whether one spouse has been guilt of cruelty to the other is essentially a question of fact.
The impact of complaints, accusation or taunts on a person amounting to cruelty depends on
various factors like the sensitivity of the victim concerned, the social background, the
environment, education etc. Further, mental cruelty varies from person to person depending
on the intensity of the sensitivity, degree of courage and endurance to withstand such cruelty.
Each case has to be decided on its own facts whether mental cruelty is made out

Supreme Court, in a relatively recent case, Sushil Kumar Sharma vs. Union of India and
others, observed as:

The object of the provision is prevention of the dowry menace. But as has been rightly
contented by the petitioner that many instances have come to light where the complaints are
not bonafide and have been filed with oblique motive. In such cases acquittal of the accused
does not in all cases wipe out the ignominy suffered during and prior to trial. Sometimes
adverse media coverage adds to the misery. The question, therefore, is what remedial
measures can be taken to prevent abuse of the well-intentioned provision. Merely because the
provision is constitutional and intra vires, does not give a licence to unscrupulous persons to
wreck personal vendetta or unleash harassment. It may, therefore, become necessary for the
legislature to find out ways how the makers of frivolous complaints or allegations can be
appropriately dealt with. Till then the Courts have to take care of the situation within the
existing frame work.26

But by misuse of the provision a new legal terrorism can be unleashed. The provision is
intended to be used a shield and not an assassins weapon. If cry of wolf is made too often
as a prank assistance and protection may not be available when the actual wolf appears.
There is no question of investigating agency and Courts casually dealing with the allegations.
They cannot follow any straitjacket formula in the matters relating to dowry tortures, deaths
and cruelty. It cannot be lost sight of that ultimate objective of every legal system is to arrive
at truth, punish the guilty and protect the innocent. There is no scope for any pre-conceived
notion or view. It is strenuously argued by the petitioner that the investigating agencies and
the courts start with the presumptions that the accused persons are guilty and that the
complainant is speaking the truth. This is too wide available and generalized statement.
Certain statutory presumptions are drawn which again are rebuttable. It is to be noted that the
26 Supra note 2;p 5

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role of the investigating agencies and the courts is that of watch dog and not of a bloodhound.
It should be their effort to see that an innocent person is not made to suffer on account of
unfounded, baseless and malicious allegations. It is equally undisputable that in many cases
no direct evidence is available and the courts have to act on circumstantial evidence. While
dealing with such cases, the law laid down relating to circumstantial evidence has to be kept
in view.

Unfortunately a large number of these complaints have not only flooded the courts but also
have led to enormous social unrest affecting peace, harmony and happiness of the society. It
is high time that the legislature must take into consideration the pragmatic realities and make
suitable changes in the existing law. It is imperative for the legislature to take into
consideration the informed public opinion and the pragmatic realities in consideration and
make necessary changes in the relevant provisions of law. We direct the Registry to send a
copy of this judgment to the Law Commission and to the Union Law Secretary, Government
of India who may place it before the Honble Minister for Law & Justice to take appropriate
steps in the larger interest of the society.

Even the Indias top court has accused the countrys women of misusing a law created to
protect them from harassment by their husbands and in-laws.

The anti-dowry law introduced in 1983 was originally designed to safeguard women from
abuse and sometimes death in the hands of relatives but the Supreme Court on Tuesday ruled
the act was now being used as weapons by disgruntled wives.

The simplest way to harass is to get the husband and his relatives arrested, the two-judge
bench of the Supreme Court, headed by Justice Chandramauli Kumar Prasad, in a 21-page
order said.

In some cases, bed-ridden grand-fathers and grand-mothers of the husbands, their sisters
living abroad for decades are arrested, the order noted.

According to the National Crime Records Bureau statistics, nearly 200,000 people, including
47,951 women, were arrested in regard to dowry offences in 2012, but only 15% of the
accused were convicted.27

27 Supra note 17;p 18

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The judges reminded authorities they must follow a so-called nine-point checklist that has
been part of the anti-dowry law before noting down a dowry-related complaint.28

In case the police make an arrest, a magistrate must approve further detention of the accused,
the court ruled.

Paying and accepting gifts associated with a marriage otherwise known as a dowry is an
ancient tradition among most Indian families where parents of the bride give cash, clothes
and jewellery to the family of the groom. As the demands grew over time, women were
subject to harassment, beatings and were even burned to death for failing to bring adequate
wealth into the husbands family.

The practice was outlawed in 1961 but this act of giving at weddings has remained a common
practice in India.

Under laws introduced in 1983, a complaint allowed for immediate arrest of the accused,
often the husband and his family.

In spite of laws that are supposed to serve as a deterrent, India continues to see a rise in the
number of reported dowry-related deaths. More than 8,600 cases where women died from
dowry-related harassment were registered in India in 2011, up from 8,391 the year before and
just over 6,000 in 2002, according to the latest figures from the National Crime Records
Bureau.29

Women activists and legal experts slammed the courts ruling.

Naina Kapur, a New Delhi-based lawyer who works on human rights said the court while
trying to strike a balance in society has stereotyped women.

Ranjana Kumari of the Centre for Social Research said that If the law is being misused,
according to the Supreme Court, then it is the law enforcement agencies that need to be
blamed and not women in society.

The ruling is uncalled for, Ms. Kumari said.

The Supreme Court has refused to modify its judgment that restrained police of all states
from automatically arresting the accused in dowry harassment cases. The court dismissed a

28 http//thehindu.com/dowry (27th October 2015)

29 Supra note 16;p 17

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plea by the National Commission for Women (NCW) to reconsider its July 2014 verdict,
which had said that dowry laws were being used as weapons, rather than shields, by
disgruntled wives. Holding that the anti-dowry law was being misused, the 2014 judgment
held that arrests in all cases where the maximum punishment is up to seven years in jail
cannot be made on a reasonable belief that the accused may have committed the offence. It
added there has to be adequate material to show that the arrest was necessary to ensure proper
probe or to prevent the accused from committing any further offence or any act to influence
the outcome of the case. This judgment was sought to be reviewed by the NCW that claimed
that the judgment in Arnesh Kumar case went beyond what the statutory provisions had
prescribed. The NCW said the ruling gave an unreasonable leeway to police in deciding
whether or not to arrest those complained against in a dowry harassment case. The review
plea added that the judgment was prone to be misused by police and could work against the
interest of women. As per the NCW, the law was clear on the subject and any person arrested
in a dowry harassment case could secure bail from a trial court if he or she was wrongly
arrested. The arguments, however, failed to cut ice with a bench led by Justice Chelameswar,
which held there was no ground to entertain the NCWs review petition. Permission to file
review petition is declined, said the bench. Meanwhile, the central government Wednesday
informed Parliament that it was contemplating to make offences under the dowry law
compoundable.30

30 Supra 17;p 18

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 CHAPTER 4: IMPLEMENTATIONS OF PROVISIONS IN THE SOCIETY
(REPORTS)

4.1 ONE WOMAN DIES EVERY HOUR

NEW DELHI: One woman dies every hour in India because of dowry-related crimes,
indicating that the country's economic boom has made demands for dowries even more
persistent, women's rights activists said.

The National Crime Records Bureau says 8,233 women were killed across India last year
because of disputes over dowry payments given by the bride's family to the groom or his
family at the time of marriage.31

The conviction rate in dowry-related crimes remained a low 32 per cent, according to
statistics the bureau published last week. Indian law prohibits the giving or receiving of a
dowry, but the centuries-old social custom persists.

Dowry demands often continue for years after the wedding. Each year, thousands of young
Indian women are doused with gasoline and burned to death because the groom or his family
felt the dowry was inadequate.

Women's rights activists and police said that loopholes in dowry prevention laws, delays in
prosecution and low conviction rates have led to a steady rise in dowry-related crimes.
Dowry demands have become even more insistent and expensive following India's economic
boom, Ranjana Kumari, a women's rights activist, said.

She blamed a growing culture of greed as India opens its economy to foreign goods that the
younger generation cannot afford but badly want. ''Marriages have become commercialized.
It's like a business proposition where the groom and his family make exorbitant demands.
And the wealthier the family, the more outrageous the demands,'' Kumari said.

31 http://timesofindia.indiatimes.com/india/Dowry-deaths-One-woman-dies-every-
hour/articleshow/22201659.cms (25th October 2015)

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Suman Nalwa, a senior New Delhi police officer dealing with crimes against women, said
dowry practices extended to all classes in society. ''Even highly educated people don't say no
to dowry,'' she said.

A total of 24,771 dowry deaths have been reported in the country in past three years with
maximum of them occurring in Uttar Pradesh with 7,048 deaths followed by Bihar and
Madhya Pradesh with 3,830 and 2,252 deaths during the same period. In a written reply in
Lok Sabha, Women and Child Development Ministry Maneka Gandhi said that 8,233, 8,083,
and 8,455 cases were registered under section 304B of the Indian Penal Code (Dowry Death)
in the country in 2012, 2013 and 2014 respectively.32

As per National Crime Records Bureau data, the country has recorded 3.48 lakh cases of
cruelty by husband or his relative and West Bengal tops the chart with 61,259 such cases in
past three years, followed by Rajasthan (44,311) and Andhra Pradesh (34,835). Government
conducts awareness generation programmes and publicity campaigns on various laws relating
to women including Dowry Prohibition Act, 1961 through workshops, fairs, cultural and
training programmes, seminars etc., the Minister said.

4.2 THE CURSE OF DOWRY -AN ARTICLE PUBLISHED IN THE DAWN

MY maid put everything she had at stake just to gather enough dowry for her daughters
marriage. She wished to make her daughters in-laws contented and satisfied, but even after
marriage her daughter was being bad-mouthed by the greedy in-laws. The atrocity led to the
young girl committing suicide.

I have shared only one case. However, there are a number of cases in our society which
highlight the prevailing social disease called dowry.

Sadly, if women are unable to produce a massive dowry, they are plainly rejected no matter
how beautiful and educated they are. One should understand that its not only about rejection,
its the consequences of these refusals that lead to mental illness, trauma, self-loathing,
impulsive enough to be a suicidal case.

On our part, we should raise our voice against dowry through social networking sites and the
print and electronic media. It was Published in Dawn, on October 1st, 2014.

32 Supra 31;p 39

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In some countries, it is customary for the bride's family to pay a dowry to the groom or his
family. In yet other countries, the opposite applies, whereby the groom or his family must pay
a "bride price" Both are equally wrong, because they treat people as commodities to be
bought and sold.

4.3 DOWRY ISSUE: WOMAN FORCED TO SWALLOW ACID

SIALKOT: A woman, married for three weeks, died from acid consumption at the Daska
Civil Hospital on Monday.

According to the City Daska police, 25-year-old Takreem Bibi, of neighbourhood

Mughalpura, was brought to the hospital by her neighbours as her in-laws had forced her to
swallow acid. Doctors said she died of internal injuries caused by acid intake.

Takreem was married to Imran Mughal about three weeks ago. Police said the woman was
frequently beaten up by her in-laws for not arranging a good range of dowry. Police said the
in-laws fled the house. This is the second incident in five days in Daska where a woman was
killed over the dowry issue.

Earlier, Aneeba Shehzadi, 26, was allegedly poisoned to death by her husband Asadullah in
village Behaaripur-Motra on Sept 24. She had died at the Daska Civil Hospital. Police have
yet to trace Asad and his family.

THE dowry system is an old evil that still exists in Pakistan, Jahez being another name for it.
Some people relate it to the tradition by the Holy Prophet (peace be upon him) who gave
some items to his daughter Fatima shortly after her marriage to Hazrat Ali.33

The sole purpose of giving these items were that Hazrat Ali did not seem to have much to
start a life with.

The custom first started in the Vaishya community of Hindu society but later all other
communities in the Hindu society adopted this practice.

This became a part of Muslim society as well and soon all Muslims were following this
tradition.

As far as the dowry given by parents voluntarily is concerned, it is not that bad matter. But
nowadays it has become a demand from grooms parents. They ask the brides parents for a

33 http://www.dawn.com/news/1209618 (27th October 2015)

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complete list to be presented before the marriage can take place. So nowadays having traits
such as beauty, fair complexion, skinny figure, good background, education and culinary
skills are not enough. But the trait that has become most worrisome for women is the dowry.
Most girls are not able to marry because of this evil tradition.

Dowry-motivated marriages slammed in humorous performance

A SCENE FROM THE PLAY KHAWAB STAGED AT PNCA ON SUNDAY. PHOTO BY

ISHAQUE CHAUDHRY

ISLAMABAD: The week-long Youth Drama Festival organised at the Pakistan National
Council of the Arts (PNCA) concluded on Sunday with Bahria Universitys performance of
Khawar.

In the 60-minute play, the young actors used humour to highlight the serious social issue of
dowry. The performance which tackled an issue facing many families with daughters
coincided with International Womens Day.

The play highlighted through comedic situations the growing materialism in society and the
greed of some families who consider cars, furniture and houses more important than
compatibility, while arranging marriages.

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However, the seriousness of the message did not take away from the entertainment aspect of
the play which was packed with music and dance.

The script revolved around a young man, Babloo, who is a bit of a simpleton. Babloos
parents select a Canadian-national woman for him to marry in the hopes of receiving a large
dowry.

Babloo is excited at the prospect of his marriage to this girl and dreams of her day and night.
One night, he sees a dream in which the two of them are married.

He sees his future wife controlling him and making him do all the household chores. He
wakes up frightened and decides not to marry this girl for the sake of her dowry. Meanwhile,
Babloos parents demand the girls father to give them a house, a car and furniture as dowry.

The girls father informs his daughters future in-laws that he cannot provide a car and house
but could arrange for furniture. Babloos parents reject the idea and break-off the
engagement. They also start making accusations against Babloos fianc and say that growing
up in Canada has destroyed her morals. This is a common accusation, people make against
girls when they break-off engagements and the students in this scene managed to make an
important statement.

The script was written by Bahria University student Suleman.

Khawar, the talented young man who play the role of Babloo, said: In this play, we have
attempted to highlight a common issue. Many greedy families look for girls with foreign
passports for their sons to marry. It was Published in Dawn, on March 9th, 2015.34

4.4 MAN SHOOTS WIFE ON DOWRY ISSUE

SIALKOT, June 19: A man allegedly shot dead his wife as a punishment for not bringing
dowry from her parents at Majra of Sambrial tehsil on Monday. Reports said Muhammad
Akram (33) had married Shazia Bibi (26) about seven months ago and the latters poor
parents had not given her dowry.

Akram waited for her dowry for seven months and shot her dead on Monday. He managed to
escape.

34 http://www.dawn.com/news/1209652 (28th October 2015)

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During her marital life, Shazias in-laws continued to taunt her for her poverty.

The Begowala police have registered a murder case against Akram and his family members
with no arrest.

Meanwhile, villagers have protested against the incident and urged the Punjab chief minister
to ensure early arrest of the accused.

4.5 WOMAN KILLED FOR DOWRY IN FARIDABAD

FARIDABAD: A 22-year-old woman, who was married two years ago, died under mysterious
circumstances at a hospital here, police said here today.

The victim's father, Om Singh, has lodged a complaint against his daughter's husband and
other in-laws, all residents of Jasna village, alleging that her daughter was killed for dowry,
police spokesperson said.

Singh alleged that his daughter, Sumesh's in-laws used to physically harass her for dowry
after her marriage in November 2013.35

Sumesh was admitted to a hospital in unconscious condition yesterday, where she died later
in the day, police said.

The victim's father alleged that his daughter was hanged to death as there were injury marks
around on her neck and on her body, the spokesperson said.

The case has been registered and the matter was being probed.

4.6 ANOTHER SUICIDE, DOWRY CULPRIT

HYDERABAD: Fourteen months into her marriage, Sukanya, feeling miserable after being
repeatedly harassed for additional dowry, committed suicide at her parent's house in the city.

Sukanya, who was married off to a Guntur-based youth, often complained of harassment at
her in-laws' house and returned to Hyderabad three months ago, unable to bear the
humiliation.

35 http://timesofindia.indiatimes.com/city/faridabad/Woman-killed-for-dowry-in-
Faridabad/articleshow/49319319.cms (28th October 2015)

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On Tuesday evening, Sukanya, spoke to her father, Srinivasa Rao at their family residence in
Nizampet, before retiring to her bedroom. "When she did not come out for dinner, the family
got worried and after repeated knocking, broke open the door to find her hanging from the
ceiling fan," said Janaiah, a senior police official at the Kukatpally Housing Board station.

Fourteen months ago, Sukanya was married to Mahesh, 32, an employee of Magna finance in
Guntur. According to the police, at the time of her wedding, the victim's family gave Rs.5
lakh as dowry, but harassment for more money continued. "My daughter was slipping into
depression day by day and we were trying in vain to save her marriage," her father told the
police.

Sukanya did not leave behind any suicide note, but based on the complaint lodged by the
victim's parents, police registered a dowry death case under section 304-B of the IPC against
Mahesh and his family members.

Her death come at a time when the Telangana government has decided to give top priority to
safety of women due to a significant rise in dowry and rape cases. Two similar dowry-related
deaths hit the headlines last year. In June, a 24-year-old housewife was burnt to death by her
husband and in-laws at RC Puram, while in December, in a suspected suicide pact, a
housewife drowned her two daughters and later jumped into a water sump in Asif nagar,
unable to deal with dowry torture.

4.7 WOMAN BURNED FOR DOWRY IN GHAZIABAD

GHAZIABAD: A 28-year-old man was booked on Thursday for allegedly killing his wife for
dowry. Police suspect he burned his wife on Tuesday with the help of his two elder sisters in
his Dasna Gate house. The family of the deceased lodged a complaint against the three.

The victim, Reena (26), succumbed to her burn injuries in Sadar Hospital on Wednesday. An
FIR has been lodged at Kotwali police station against Reena's husband Vicky and his sisters
Rajni and Papi, under sections 304B (dowry death) and 498A (cruelty) of the IPC and
relevant sections under the Dowry Prohibition Act, 1961.

The couple had married in 2009 and had two sons, aged two and four. Reena's elder brother,
Subhash, told TOI on Thursday that neither Vicky nor any of his relatives had informed them
about Reena's death.

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"Around 1am on Tuesday, I received a call from a friend living in Vicky's neighbourhood that
Reena was being taken to a hospital in Delhi after she got burnt. We came to know that she
was doused with kerosene before being set on fire. Earlier that evening, the couple had had a
bitter fight. Reena had told us that she was being harassed for dowry. Of Vicky's five sisters,
Rajni and Papi often stayed in their parental house in Dasna Gate as they were not in good
terms with their husbands," Subhash told TOI.36

Reena's autopsy is on Friday. "We have sent a team to the hospital to enquire when Reena
was rushed there. Investigations are being conducted. No arrests have yet been made," said
Kotwali SHO Dhirendra Yadav.

4.8 TENSION AFTER DOWRY KILLING IN CITY

GUWAHATI: Tension gripped the city's Fatashil Ambari area after one Sampa Sarkar was
found dead at her in-laws' home on Sunday morning. She was allegedly murdered by her
husband.

On the basis of the complaint of the deceased's father, city police recorded a dowry death case
and arrested her husband, Rabi Mandal.

"After a month of her wedding, her in-laws started demanding dowry. We had given large
amount of gold jewellery during the marriage but recently, Rabi was demanding Rs.2.5 lakh
in cash. She was under tremendous torture," the deceased's father said.37

Sources said she had informed a local women's group about her disturbed married life. The
women's organization has promised her to settle the matter soon. Angry locals vandalized
Rabi's house and damaged property. In a similar incident, newly-wed Rimpi Bora was
poisoned to death, allegedly by her in-laws, due to dowry related conflict in Borpather of
Golaghat district on Sunday. Police have arrested the husband, Bitu Bora.

4.9 GODWOMAN BOOKED UNDER DOWRY ACT

36 http://timesofindia.indiatimes.com/city/noida/Woman-burned-for-dowry-in-
Ghaziabad/articleshow/48565073.cms (28th October 2015)

37 http://timesofindia.indiatimes.com/city/guwahati/Tension-after-dowry-killing-in-
city/articleshow/48505721.cms (28th October 2015)

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MUMBAI: A self-proclaimed godwoman has been booked under the Dowry Prohibition Act
after a 32-year-old woman from Kandivli accused her of instigating her in-laws and husband,
a chartered accountant, to harass her. A criminal offence was registered on Saturday against
seven people, including the woman's husband, at the orders of a magistrate court. No arrests
have been made yet.

The woman's complaint says that her husband and his family are staunch believers of the
godwoman Radhe Maa. The woman has stated that her parents had gifted her ornaments
worth Rs1.25 crores for the wedding which her in-laws kept with them.

"My husband and in-laws used to say I had not got enough jewellery and cash from my
parents," she said, adding she was subjected to a lot of torture. Calls by TOI to the godwoman
went unanswered.

The woman's lawyer, Kshitij Mehta, said they went to court as the police were "not taking
cognizance" of the matter.

Senior inspector M Powar of Kandivli police said an inquiry will be done before making any
arrest.

So, this shows about the contemporary scenario of our society that how so many incidents of
dowry are happening even though there are various legal provisions which makes it illegal
and also provide punishment for this social evil.

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 CHAPTER 5: FIELD WORK & DATA ANALYSIS

INTERVIEW SCHEDULE
PERSONAL DETAILS

Name (optional):

Age:

Educational qualification:

Occupation:

Questions

1. Have you ever engaged in the act of giving and taking of dowry?

2. What are your view on the fact of dowry and violence related to it?

3. Do you consider that people of urban/rural are more engaged in taking of dowry?

4. Do you agree that dowry is a status symbol?

5. What do you think is it more prevalent among uneducated people of the society?

6. Do you agree that some women are misusing the dowry acts?

Inference from interview

After taking this interview from some people the researcher reached at some conclusions
which tells about the contemporary scenario of the society. It also shows the different
mentality of the society members. The researcher has got different answers during the
interviews from the respondents. People tried to hide the fact that they are engaged in acts of
dowry but on pressurizing them positively that their names wont be revealed, people
revealed and general conclusion was drawn that most of the people were engaged in dowry
transactions. When the second question was asked by the researcher from the people then

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surprising answers came. On one hand, the in laws of the women were saying that yes there is
dowry but there is no violence related to it. The in laws wanted to say that there is hoax from
the women side in most of the cases but it was contradicted by the women. Some of the
women agreed with the thought of their in laws but most of the women disagreed. They said
that violence is completely related to dowry since most of the domestic violence are
committed for dowry. It was very difficult for the researcher to analyse different responses of
the third question from the respondents. The rural section of the society accepts that they
takes dowry but alleges that it is more prevalent among the urban society while the urban
society disagreed with it and said that it is more prevalent in rural areas. When the researcher
asked that whether dowry is a status symbol the response which came from the respondents
are of similar kinds. That is almost all the people agreed that dowry is a status symbol. Most
of the persons agreed that it is prevalent mostly among the uneducated people and they also
said since the new generation are very much educated, so, most of the youth are making
distance from dowry as they understand that it is wrong to demand dowry by pressurizing the
in laws. When the researcher asked the last question then most of the responses supported
that some women are misusing the dowry acts. They said that some of the women are trying
threaten their in laws that she will file a hoax case against them to control their in laws.

So, after taking this interview the researcher concludes that still most of the people are
engaged in the transaction of dowry. And also there is no clear view that whether the people
of urban or rural society are more engaged in the transaction of dowry. The researcher also
found that dowry is a status symbol for most of the person who are engaged in it and also
some women are misusing dowry acts.

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 CHAPTER 6: CONCLUSIONS & SUGGESTIONS

After researching in detail both as doctrinal as well as non-doctrinal the researcher reached at
some conclusion and found that some of the hypothesis are totally correct while others are
partially correct.

People are misusing the IPC (India Penal Code) section 498A

The researcher found that the hypothesis is partially correct. It is partially correct because it is
true that some of the women are misusing the IPC (Indian Penal Code) section 498A but not
all the women.

DOWRY is more prevalent in rural areas

The researcher found that the hypothesis is partially correct since there is no clear view about
it. People of rural areas alleges urban people while people of urban areas alleges rural people.

DOWRY is mostly demanded by the uneducated people

The researcher found that the hypothesis is totally correct since the new generation which is
very much educated is making distance with the social evil dowry.

DOWRY is a status symbol

The researcher found that the hypothesis is totally correct as most of the person takes dowry
because of their status and to show their status symbol. That is if they have taken less dowry
or no dowry then what will their relatives say.

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Rich people give the dowry according to their status and to show their wealth or status

The researcher found that the hypothesis is totally correct as the more people is rich the more
dowry he gives to show their status symbol.

The poor people grinded in the competition of DOWRY

The researcher found that the hypothesis is totally correct as because of this social evil dowry
the poor people who have nothing with them to give to their daughter as dowry have to face
so many problems for the marriage of their daughter.

The researcher want to suggest certain reforms related to it:-

1. The researcher wants to suggest that there is need to create fear in the mind of the person
so that they cannot even imagine about asking or giving dowry.

2. The researcher wants to suggest that there should be strict legal provisions against the
person who misuses any dowry act.

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 BIBLIOGRAPHY

Websites

http://www.dawn.com/news/1040722

http://indianexpress.com/article/india/india-others/24771-dowry-deaths-reported-in-last-3-
years-govt/

http://www.dawn.com/news/844447/dowry-is-not-islamic

http://timesofindia.indiatimes.com/city/noida/Husband-kin-booked-for-dowry-
death/articleshow/48964003.cms

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http://timesofindia.indiatimes.com/city/bhubaneswar/Woman-killed-for-dowry-in-
Ganjam/articleshow/48420297.cms

http://timesofindia.indiatimes.com/city/noida/Woman-burned-for-dowry-in-
Ghaziabad/articleshow/48565073.cms

Newspapers

The Times of India

The Hindu

Periodicals

Frontline

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