Dowry refers to any property, goods, money, or valuable security that is given or demanded by the bridegroom or his family from the bride’s family as a condition of marriage.
It is an illegal practice under Indian law but still persists in many parts of the country in both direct and indirect forms, causing harassment, domestic violence, and even deaths of women.
Historical Background
- Dowry originated as a voluntary gift from the bride’s family to help the newlyweds start their life.
- Over time, it turned into a demand-based system, often leading to greed, exploitation, and abuse.
- In modern India, it is often justified under the guise of “gifts” or “custom”, making it harder to detect and punish.
Legal Definition – Dowry Prohibition Act, 1961
According to Section 2 of the Dowry Prohibition Act, 1961:
“Dowry” means any property or valuable security given or agreed to be given either directly or indirectly—
- by one party to a marriage to the other party to the marriage; or
- by the parents of either party or by any other person,
in connection with the marriage.
This includes pre-marriage, during marriage, and post-marriage demands.
Legal Provisions Against Dowry
1. The Dowry Prohibition Act, 1961
Main Features:
- Demanding, giving, or taking dowry is punishable with imprisonment and fine.
- Minimum punishment: 5 years imprisonment and fine of ₹15,000 or the amount of dowry, whichever is more.
- Dowry includes both movable and immovable property.
2. Indian Penal Code (IPC)
Section 498A IPC
- Deals with cruelty by husband or in-laws due to dowry demands.
- Punishment: Up to 3 years imprisonment and fine.
- Includes mental and physical harassment for dowry.
Section 304B IPC – Dowry Death
- If a woman dies within 7 years of marriage and has faced harassment for dowry, her death is considered dowry death.
- Punishment: Minimum 7 years to life imprisonment.
3. Section 113B of Indian Evidence Act
- Creates a presumption of guilt against the husband and in-laws in case of a dowry death.
Impact of Dowry System on Women
- Physical and mental abuse
- Domestic violence and cruelty
- Marital breakdown and abandonment
- Suicide or murder of brides
- Violation of human dignity and women’s rights
How Women Are Protected
1. Filing a Complaint
- Women or their families can lodge an FIR at the nearest police station.
- Can also approach:
- Women’s cell
- National Commission for Women
- Family courts
2. Helpline Numbers
- 181 – Women’s Helpline
- 1091 – Police Women’s Helpline
3. Legal Remedies
- File case under 498A IPC or Dowry Prohibition Act.
- Seek protection orders, maintenance, and custody of children under related laws.
Challenges in Implementation
- Misuse of anti-dowry laws in some cases
- Underreporting due to family pressure or social stigma
- Long legal proceedings and lack of evidence
- Difficulty in proving “dowry” as defined by law
Supreme Court Guidelines on Misuse
In cases where Section 498A was misused, the Supreme Court has issued guidelines for:
- Mediation and counselling before arrest
- Verification of claims before registration of FIR
- Preventing harassment of innocent in-laws
Despite rare misuse, anti-dowry laws remain critical tools for protecting genuine victims.
Landmark Cases
Sushil Kumar Sharma v. Union of India (2005)
Upheld the constitutional validity of Section 498A, affirming the need to protect women from dowry-related abuse.
State of Punjab v. Iqbal Singh (1991)
Laid down that demand for property or valuable security before or after marriage is covered under “dowry”.
Conclusion
The dowry system in India continues to harm countless women, despite strong legal prohibitions. The law provides for strict punishment and legal remedies, but social awareness and enforcement are equally important. Ending dowry requires a collective effort—legal, social, and cultural—to ensure every woman lives a life of dignity, free from violence and financial coercion.
