Dowry a Cross-cultural Evil: Supreme Court judgment

Syllabus: GS1/Social Issues

Context

• The Supreme Court termed dowry a cross-cultural social evil cutting across religions and communities.

About SC Judgement

• SC Observations: Despite Dowry Prohibition Act, 1961, the practice continues in disguised forms like “gifts”.
  • Dowry violates constitutional values of justice, liberty and fraternity and directly undermines Article 14 (equality before law).
  • Dowry treats women as a source of financial extraction, not equal partners in marriage.
• SC Directions: The court issued directions for educational curriculum reforms to reinforce spousal equality.
  • Ordered appointment of Dowry Prohibition Officers, sensitisation of police/judiciary, and speedy disposal of cases.
  • The apex court requested the State High Courts to take stock, ascertain the number of pending dowry cases, and enable their expeditious disposal.

Dowry System

• Dowry refers to any valuable items, such as cash, property, or jewellery, given by the bride’s family as a condition of marriage.
  • Though historically linked to strīdhana (voluntary gifts for a woman’s security), it has evolved into a coercive and exploitative social practice.
• Colonial Influence: In 1793, Lord Cornwallis’s policies privatised land ownership, which led to discouraging/diminishing women from owning property.
  • This led families to provide dowries as a means to secure their daughters’ futures, which eventually became a requirement for marriage.

Dowry Cases in India

• As per the National Crime Records Bureau (NCRB) Data, cases registered under dowry-related crimes saw a 14% increase in 2023, with over 6,100 deaths reported through the year.
• Uttar Pradesh accounted for the highest number of cases under the Act followed by Bihar and Karnataka.
  • Uttar Pradesh reported the most deaths, followed by Bihar. 
• Thirteen States/Union Territories, including West Bengal, Goa, Arunachal Pradesh, Ladakh and Sikkim, reported zero dowry cases during the year.

Causes of the Dowry System in India

• Patriarchal social structure that treats women as dependents and values sons over daughters.
• Gender inequality in education, employment, and inheritance, making marriage the main source of security for women.
• Social prestige and status pressure, where dowry and lavish weddings become symbols of honour.
• Commercialisation of marriage, turning it into a financial transaction rather than a social institution.
• Weak enforcement of laws and social acceptance, leading to continued practice despite legal prohibition.

Concerns

• Dowry reduces women to commodities, undermining constitutional values of equality and justice.
• Domestic violence and dowry deaths: Harassment, cruelty, bride burning, and suicides linked to dowry demands remain serious concerns.
• Gender imbalance: Son preference reinforced by dowry contributes to female foeticide and a declining sex ratio.
• Economic burden on families: Heavy dowry demands push poor and middle-class families into debt and poverty.
• Perpetuation of patriarchy: Reinforces male dominance and women’s subordinate status within marriage and society.
• Undermining social development: Normalises corruption, consumerism, and inequality, weakening ethical and social foundations.

Government Initiatives

• Dowry Prohibition Act, 1961: Dowry is illegal under the Act, which penalizes giving, taking, or demanding dowry.
  • Harassment related to dowry is also punishable under laws like the Bharatiya Nyaya Sanhita (BNS) and the Protection of Women from Domestic Violence Act. 
  • If a woman dies under unnatural circumstances within seven years of marriage due to dowry harassment, it is considered dowry death, with severe legal consequences. 
  • Authorities such as Dowry Prohibition Officers, police, and NGOs handle complaints, and awareness programs aim to discourage dowry practices.
• Protection of Women from Domestic Violence Act, 2005: Section 3 defines it as any act that harms a woman’s physical or mental health or endangers her safety, including harassment for unlawful demands. 
• 24×7 Women Helpline (181): Women Helpline 181 provides 24/7 emergency and support services for women facing violence in both public and private spaces.
• One Stop Centres (OSCs): These centres offer medical assistance, legal aid, psychological counselling, and temporary shelter, all under one roof.
• Women Help Desks (WHDs) in Police Stations: WHDs are established in police stations to make law enforcement more accessible and responsive to women’s issues.
  • 14,658 Women Help Desks (WHDs) have been set up, of which 13,743 are headed by women police officers.

Way Ahead

• Eradicating dowry requires simultaneous intervention across multiple domains: strengthening women’s economic independence, reforming inheritance laws to ensure genuine property rights, implementing compulsory school enrollment and vocational training for girls.
• The Government of India has taken significant steps to enhance women’s safety and security through legal measures, financial allocations, and support services. 

Source: TH