“It is unfortunate that in today’s society, dowry deaths remain a grave social concern, and in our opinion, the courts are duty bound to undertake deeper scrutiny of the circumstances under which bail is granted in these cases,” the bench said.
NEW DELHI: The Supreme Court of India on Monday expressed deep concern over the continuing problem of dowry deaths, calling it a “grave social concern.” The court stressed that judges must carefully examine all details before granting bail in such cases, as the crime directly affects social justice and equality.
ALSO READ: Supreme Court Rejects PIL Against Dowry Law, Says “Go and Tell the Parliament”
A bench of Justices Vikram Nath and Sandeep Mehta stated that courts must be aware of the wider impact on society when dealing with dowry death cases.
The Supreme Court was hearing a case where a woman was found dead in her matrimonial home in January 2024, just two years after her marriage. The woman’s parents alleged in an FIR that she was constantly harassed by her in-laws for dowry.
“It is unfortunate that in today’s society, dowry deaths remain a grave social concern, and in our opinion, the courts are duty bound to undertake deeper scrutiny of the circumstances under which bail is granted in these cases,”
the bench said.
The Supreme Court canceled the bail granted by the Lucknow bench of the Allahabad High Court to the parents-in-law of the deceased woman. The court said that when a young woman dies in her matrimonial home soon after marriage, courts must apply stricter judicial review, especially when there is evidence of repeated harassment due to dowry demands.
ALSO READ: First Dowry Case in India: A Complete Guide to Dowry Laws and Their Impact
“Allowing alleged prime perpetrators of such heinous acts to remain on bail, where the evidence indicates they actively inflicted physical, as well as mental, torment, could undermine not only the fairness of the trial but also public confidence in the criminal justice system,”
the bench said.
The court referred to Section 304B of the Indian Penal Code (IPC), which deals with dowry deaths. The section imposes strict legal standards due to the serious nature of the crime and its negative impact on society.
The Supreme Court emphasized that judgments in dowry death cases must send a clear and strong message to society. When a newly married woman dies in suspicious circumstances, the judiciary should act with “heightened vigilance and seriousness.”
“The social message emanating from judicial orders in such cases couldn’t be overstated and when a young bride died under suspicious circumstances within barely two years in her marriage, judiciary must reflect heightened vigilance and seriousness,”
the court said.
The bench warned against a careless approach in bail decisions, stating that it could weaken public trust in the justice system. It added that treating such serious cases lightly could make society perceive that the judiciary does not take dowry deaths seriously.
“A superficial application of bail parameters not only undermined the gravity of the offence itself but also risked weakening public faith in the judiciary’s resolve to combat the menace of dowry deaths,”
the bench stated.
The court further noted that judicial authorities must protect the perception of justice both inside and outside the courtroom.
“It is this very perception of justice, both within and outside the courtroom, that courts must safeguard, lest we risk normalising a crime that continues to claim numerous innocent lives,”
the court added.
The Supreme Court criticized the Lucknow bench of the Allahabad High Court for adopting a “seemingly mechanical approach” while granting bail to the accused in-laws. The apex court canceled the bail of the woman’s parents-in-law but upheld the bail granted to her two sisters-in-law, considering their roles in the case.
The court ordered the parents-in-law to surrender before the trial court or the concerned authority immediately.
Case Title : Shabeen Ahmed v State of UP
