Dowry Deaths in India: Long Investigations, Rare Convictions

Syllabus: GS2/Social Issues; Issues Related To Women

Context

• Despite decades of legislation and activism, dowry continues to claim lives, particularly among young married women.

About Dowry

• The Dowry Prohibition Act, 1961 defines dowry as ‘any property or valued security given or agreed to be given, directly or indirectly, to either partner in a marriage, to the other party’s parents, to any other person, is referred to as dowry’.
• Dowry-related violence and deaths are symptoms of deep-rooted patriarchy, and remains one of the most persistent forms of gender-based crimes in India.
  • In many cases, women are subjected to mental and physical abuse, culminating in suicide or murder — often by burning, poisoning, or hanging.

Dowry Death in India: Current Statistics

• High-Burden States: According to NCRB data for 2022, 6,450 dowry deaths were registered across India;
  • Uttar Pradesh (highest), Bihar, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, and Haryana together contributed 80% of all dowry death cases.

• From NCW’s 2024 complaint data: 4,383 cases of dowry harassment (17% of total complaints): 292 cases of dowry deaths.
  • Over 60% of dowry murders occurred in West Bengal, Odisha, and Bihar.
• Cities with Highest Cases: Delhi alone accounted for 30% of all dowry death cases among India’s 19 major cities.
  • Other high-reporting cities include Kanpur, Bengaluru, Lucknow, and Patna.

Causes Behind Dowry Deaths

• Cultural Acceptance: Dowry is still seen as a customary obligation, especially in arranged marriages.
• Economic Exploitation: Dowry is often used to secure financial gain or status for the groom’s family.
• Gender Inequality: Women are viewed as financial burdens, leading to coercive demands and abuse.
  • Districts with skewed sex ratios show higher dowry death rates (Sex ratio imbalance).
• Illiteracy and Lack of Awareness: Many women are unaware of their legal rights or fear retaliation (Lower levels correlate with increased vulnerability).
• Delayed Justice: Investigations are often slow, and convictions rare, weakening deterrence.
• Caste and kinship structures: Hypergamy and patrilocality intensify dowry pressures.

Key Concerns & Issues

• Policing and Investigations: Of the 7,000 yearly cases, only 4,500 were charge-sheeted.
  • Many cases were dropped due to reasons like ‘insufficient evidence’, ‘false complaints’, or ‘misunderstanding’.
  • By the end of 2022, 67% of pending dowry death investigations had been stalled for over six months.
• Delay in Charges and Trials: In 2022, 70% of the charge-sheets were filed after two months or more, showing procedural inefficiencies.
  • From 6,500 trials initiated annually, only around 100 led to convictions.
  • Over 90% of cases remain pending in courts.
  • Acquittals, plea bargains, and withdrawn complaints account for a large number of unresolved cases.

Key Legal Provisions

• Dowry Prohibition Act, 1961: Criminalizes giving or receiving dowry.
• Section 113B of the Indian Evidence Act, 1872 (replaced by the Bharatiya Sakshya Adhiniyam, 2023): Presumes dowry death if it occurs within 7 years of marriage and is preceded by harassment.
• Section 80 of the BNS (formerly IPC Section 304B): It defines dowry death and mandates punishment of 7 years to life imprisonment.
• Section 85 BNS (formerly Section 498A IPC): It deals with cruelty against married women, and penalizes cruelty by husband or relatives.

Judicial Interventions: Landmark Judgments

• Sanjay Kumar Jain v. State of Delhi (2011): Supreme Court condemned dowry deaths as a ‘curse on society’.
• State of Haryana v. Satbir Singh (2021): Expanded the scope of cruelty to include indirect evidence.
• Rajesh Sharma v. State of U.P. (2017): Introduced safeguards to prevent misuse of Section 498A.

Way Forward

• Strengthen forensic and investigative protocols;
• Establish fast-track courts for dowry-related cases;
• Promote legal literacy and community vigilance;
• Encourage economic empowerment and education for women;
• Support victim protection mechanisms and whistleblower safeguards;

Source: TH