Atul Subhash’s tragic death has sparked a discussion about India’s strict dowry laws, which are meant to protect women from harassment and violence, including murder. Nikita, his wife had accused Subhash and his family of demanding dowry and harassing her.
Some people believe that as divorces become more common, this law is being misused by some women to trouble their husbands, sometimes driving them to extreme actions like suicide. Even the Supreme Court has commented on this issue, with a judge calling the misuse of the law “legal terrorism” , stating the law should protect, not harm.
Whereas, on the other hand, women’s rights activists highlight that dowry demands still lead to the deaths of thousands of women each year, showing that the problem is far from over.
Dowry has been a social upheaval , since time immemorial . As per the , 2022 Crime report of National Crime Records Bureau (NCRB) released on December 4, 2023, 6,450 dowry deaths were recorded in 2022.
In addition, 13,479 cases were registered under the Dowry Prohibition Act, 1961 in the year 2022. This , is said to be a slight decline of 0.6% from 2021. Moving ahead , in times if we look around us , the law is not only being misused but it is also , turning from a weapon to save from injustice into a sword being used by women sometimes to take undue advantages. Where a women centric law is concerned , it cannot be said to be completely being used by the women for their benefit.
This , intrigues us , in knowing the actual timeline of the Dowry law in India , from what was the first dowry case that was reported , to how to the law came into being made a part of the law books and practice in courts.
According to the Cambridge Dictionary,
Dowry, is the property a woman brings to her husband in marriage .
In Sanskrit, the term for dowry is ‘Dahej,’ signifying a gift or donation, which includes both movable and immovable property that a girl brings at the time of her marriage. In Urdu, dowry is referred to as ‘Jahez,’ meaning whatever is given by the bride’s family to the groom’s family.
Among Hindus, the practice of kanyadana (the gifting of the bride) is traditionally accompanied by additional offerings such as cash, gifts, or dakshina. The term stridhan denotes the gifts a woman receives from relatives on both sides of her family. Historically, these gifts, including a woman’s stridhan, were given voluntarily by the bride’s family.
As per Section 2 of Dowry Prohibition Act, 1961,
“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 persons of either party to the marriage or by any other person, to either party to
marriage or to any other person
FIRST DOWRY CASE IN INDIA
One of the first cases ever known of dowry deaths in India , was the death of a young girl names , Snehalatha Mukhopadhyay who set herself on fire, on the afternoon of January 29, 1914, in Calcutta.
Reports from the time suggest that she took her life to spare her father the financial burden of arranging a dowry for her marriage. Such dowry-related suicides were very widespread in India during that period.
Snehalatha’s death, however, stands out as one of the earliest widely recognized and acknowledged dowry-related deaths, becoming a symbol for anti-dowry campaigns in Bengal. Her tragic demise inspired significant social and literary reflections, especially as two more cases of dowry-related suicides surfaced shortly after, amplifying the outcry in Bengal.
News of Snehalatha’s death was reported extensively across Calcutta and other major cities in Bengal. Prominent poets like Pramatha Chaudhuri, Satyendranath Dutta, and Kalidas Roy penned works reflecting on the incident. Socio-political movements also began addressing the issue earnestly.
The Marriage Reform League, an association dedicated to reforming marriage practices, made dowry abolition a core part of its mission in response to the growing public discourse surrounding such deaths.
On February 21, 1914, a large condolence meeting convened at College Square in Calcutta, where attendees pledged to devise strategies to eliminate the practice of extorting dowries in marriage. Social reformer Rai Bahadur Chunnilal Bose contributed to this cause by publishing a pamphlet titled Marriage-Dowry in Modern Review (June 1914).
He proposed measures such as public education, promotion of inter-caste marriages, and the establishment of central vigilance commissions to address dowry-related issues. Bose described Snehalatha’s case as a turning point and called for widespread social and political action.
TIMELINE OF DOWRY PROHIBITION LAW FROM PRE INDEPENDENCE TO POST INDEPENDENCE LAW
During British rule, rules were imposed wherein the women in India were denied the right to own or inherit property. This legal restriction significantly curtailed their economic independence and societal standing, thus t became important to bring about the legal changes after independence in 1947.
Legal Changes After Independence :
- Inheritance Rights for Women (1956):
- Until 1956, women in India had no legal right to inherit property from their parents.
- The Hindu Personal Laws were amended in 1956, granting women inheritance rights over ancestral property for the first time.
- However, these rights were unequal compared to those of men:
- Sons had an independent share in ancestral property by birth.
- Daughters’ shares were conditional upon the share inherited by their father, meaning a father could disinherit his daughter by renouncing his share in the property.
- Married daughters, even those subjected to marital harassment, had no residential rights in their ancestral homes.
- Constitutional Provisions for Equality:
- The Indian Constitution, was adopted on November 26, 1949, after two years of independence and enshrined principles of equality and non-discrimination as follows :
- Article 14 guarantees equality before the law and equal protection under the law.
- Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
- Article 39A (added through the 42nd Amendment in 1976) directs the state to ensure justice on the basis of equal opportunity and provide free legal aid to prevent denial of justice due to economic or other disabilities.
- Despite these provisions, the constitutional framework was inadequate to address and prevent crimes like dowry death and harassment.
- The Indian Constitution, was adopted on November 26, 1949, after two years of independence and enshrined principles of equality and non-discrimination as follows :
Over time, the dowry system became deeply rooted and widespread, manifesting as a social evil across all regions and sections of society and existing laws and constitutional safeguards failed to adequately protect women from dowry-related crimes, raising the need of a special legislation. Firstly , the individual states became more aware and spread , awareness and passed individual legislations such as:
State-Level Legislation
- Bihar Dowry Restraint Act, 1950:
- It was Enacted by the State Government of Bihar to address dowry practices.
- It Aimed to curb dowry-related offenses but failed to achieve its objectives.
- Andhra Pradesh Dowry Prohibition Act, 1958:
- It was passed by the Andhra Pradesh Government with similar objectives.
- Like the Bihar Act, it did not yield the desired results in curbing dowry-related crimes.
Dowry Prohibition Act, 1961:
- The Dowry Prohibition Bill was thereafter , introduced in the Lok Sabha on April 24, 1959.
- After deliberation and referral to a Joint Parliamentary Committee, the Bill was passed by a joint sitting of both Houses of Parliament.
- The Dowry Prohibition Act, 1961, received Presidential assent on May 20, 1961, and aimed to prohibit the giving, taking, and demanding of dowry.
- Despite its intent, the Act failed to effectively prevent dowry-related harassment and deaths.
Further legal developments were made in different laws , such as in1986, Section 113B in the Indian Evidence act , 1872 was introduced to further strengthen the legal framework against dowry-related crimes.
Amendments in the Criminal laws
1.Indian Penal Code ,1860
In 1961, Section 304-B was added to the IPC to specifically address dowry deaths.
In 1983, Section 498A was introduced to safeguard married women subjected to cruelty, particularly in cases where dowry demands were the main factor related to cruelty leading to dowry deaths
2. Indian Evidence Act, 1872:
In 1983, Section 113A was added:
It raises a presumption that if a woman commits suicide within seven years of marriage and was subjected to cruelty by her husband or his relatives, such suicide was abetted by them.
In 1986, Section 113B was introduced which raises a presumption in the cases of dowry deaths, to further strengthen the legal framework against dowry-related crimes.
3. Criminal Procedure code , 1973 (CRPC):
Section 174 & Section 176 of the Code of Criminal Procedure (CrPC):
- These sections mandate investigations and inquiries into unnatural deaths by the police and magistrates, respectively.
- The 1983 Amendment Act made it compulsory for police officers to send the body for post-mortem examination if a woman’s death occurs within seven years of marriage under suspicious circumstances, including suicide.
DOWRY PROHIBITION UNDER THE NEW CRIMINAL LAWS
Under the new criminal laws , the following changes have been made,
- Section 80 of the Bhartiya Nyaya Sanhita, 2023 provides for the offence and punishment of Dowry death , which is as follows:
(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.
(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.
2. Section 85 and 86 of the Bhartiya Nyaya Sanhita,2023 provides for the offence and punishment for cruelty and the definition of the same :
Section 85 of the Bharatiya Nyaya Sanhita, 2023 : Husband or relative of husband of a woman subjecting her to cruelty.
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.
Section 86 of The Bharatiya Nyaya Sanhita (BNS): Cruelty defined
For the purposes of section 85, “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.
3. Section 117 and 118 of the Bharatiya Sakshya Adhiniyam ,2023 raise certain presumptions as to abetment to suicide and dowry death:
Section 117 of BSA: Presumption of Abetment of Suicide
In cases of suicide within seven years of marriage due to cruelty, the court may presume abetment against the husband or relatives, considering all circumstances.
Section 118 of BSA: Presumption of Dowry Death:
The court shall presume dowry death if it is shown that the woman was subjected to cruelty or harassment for dowry soon before her death.
4. Section 194 and 196 of Bharatiya Nagrik Suraksha Adhiniyam , provides for that the Police may enquire and report on suicide, and the power of the Magistrate to hold inquests:
These sections mandate investigations and inquiries into unnatural deaths by the police and magistrates, respectively.It makes it compulsory for police officers to send the body for post-mortem examination if a woman’s death occurs within seven years of marriage under suspicious circumstances, including suicide.
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