One of the most despicable, detestable and condemnable evils that has been distressing out Indian Culture and Civilisation, is dowry in cash and kind demanded by the husband’s family.

Article 51-A of the Constitution provides for fundamental duties. Clause (e) of Article 51-A of the Constitution casts a duty on citizens of India to abandon practices derogatory to the dignity of woman.

Dowry is a disease which has eaten away morals and values on which our society thrives and it has reached to every class of citizen. Therefore, this ill-value of our society is required to be eradicated.

The legislature, realizing the gravity of the situation has amended the laws and provided for stringent punishment in such cases and even permitted the raising assumption against an accused in cases if unnatural deaths if the bride within the first 7 years of the marriage. Dowry Prohibition Act was enacted in 1961 and it has been amended time to time. In December, 1983 Section 498A was introduced in the Indian Penal Code.

Laws are not enough to combat the evil. A wider social movement of educating woman for their rights is required, more particularly in rural areas where the woman was still more uneducated and teach them about to overcome their exploitation.

The role of courts also assumes greater importance and it is expected that the courts would deal with such cases in a more realistic manner and not allow the criminals to escape on account of procedural technicalities and insignificant lacunas in the evidences. At the same time police force shall also be made more responsive in these crimes against woman. Inclusion of more woman in police force to deal with these crimes. Few such things shall also be added to the syllabus of child education in this regard. The Government shall also fix a celling on the income expenditures and some incentives from the Government shall be given to the youth who come forward to marry without accepting dowry.

Broadly the woman or her relatives may seek stringent legal action against the family of the husband for demand of dowry. The following legal provisions are useful in these cases:-

Section 2 in the Dowry Prohibition Act, 1961

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 parent 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 time after the marriage]  [in connection with 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.  Explanation II.— The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).

Section 498A of Indian Penal Code

[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, "cruelty means"—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

If unfortunately, death of a woman takes place in furtherance of the demand of dowry, FIR is to be lodged u/s 304 IPC. Section 304 IPC reads as under:-

304B. Dowry death

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.

Explanation. For the purposes of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

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