1

ACKNOWLEDGEMENT


The completion of this dissertation was rightly an effort, contributed by all the wonderful
people, who form an essential part of my life.
I would like begin by thanking my parents, Mr. Mukesh Raval and Mrs. Bharti Raval, for
all the support, affection and motivation they have given me, which has helped me realise
my objectives in life. Without them I would not be what I am today.
I am highly grateful to my husband, Kinjal, who has provided me with emotional support
and co-operation at all times. You have been the epitome of excellence in academics,
whom I look upon as my exemplar.
A special thanks to my sister Shreya Raval, whose words of encouragement have always
persuaded me to reach higher goals.
An acknowledgment would be a compromise of what Ms. Shilan Shah-Davis has
provided me with during this dissertation. Her directions, recommendations and advice
have been more than helpful to this dissertation.
I would also like to thank all the library staff at UWE, whom I have pestered with
requests of books and journals, nearly impossible to find.
Finally, I would like to thank God, for making it possible for me, live life with enduring
patience and diligence.



2





DECLARATION:

I declare that this piece of work has a word count of 14,998words (excluding footnotes,
the table of content, acknowledgment and bibliography)



Prejal Shah.


















3






DOWRY DEATHS IN INDIA:
LAW, CULTURE AND TRADITION..






PREJAL SHAH


A dissertation submitted in partial fulfilment of the requirements of the
University of West of England, Bristol, for the degree of Masters of Law in
Criminal Justice.




Faculty of Law, University of West of England, Bristol
August, 2007.


4






DOWRY DEATHS IN INDIA:
LAW, CULTURE AND TRADI TI ON.
CONTENTS: PAGE NO:
Acknowledgements
1. INTRODUCTION 1
2. WOMEN AND DOWRY IN INDIA
A. Meaning and origin of dowry under Hindu religion 7
B. Position of women in Indian society 11
(i) Women dependency before marriage 17
(ii) Women Dependency after marriage 18
C. Co-relation between dowry and streedhan 19
D. Difference between the north Indian and south Indian
dowry practice 21
3. REGULATION OF PRACTICE OF DOWRY AND DOWRY RELATED
VIOLENCE
A. An overview of dowry deaths in India 23
B. Regulation of dowry in colonial times 24
C. Legal Provisions 26
(i)The Dowry Prohibition Act 1961 27
(ii)The Indian Penal Code, 1860 30
(iii)The Constitution of India 1950 35
5
D. Shortcomings of the legal provisions
(i)Flaws in the Dowry Prohibition Act 1961 36
(ii)Misuse of Section 498A of the Indian Penal Code 1860 38
E. International Human Rights Approach in the matter of dowry 43
(i)Convention of Elimination of all Forms of Discrimination
Against Women (CEDAW) 44
(ii)International Conferences on Dowry & Bride Burning 45
F. Influence of the Media 46


4. WHY DOES THE PRACTICE STILL PERSIST TODAY?
A. Dowry related deaths and the society 48
B. Reasons contributing to the persistence of dowry and
dowry related deaths
(i) Role of Religion: 49
(ii) Importance of a male child 50
(iii) Inferior position of women 52
(iv) Patriarchal Society 53
(v) Marriage as a financial transaction 54
(vi) Economic and Material Desires 56
(vii) Weak Regulations, Application of laws 56
(viii) Access to justice 57

5. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions 59
B. Recommendations 61
6. BIBLIOGRAPHY (i)



6

INTRODUCTION:

By tradition, dowry
1
, plays a very important role in an Indian marriage.
2
Dowry
also called Dahej or Dotal has been defined as:
Dowry refers to a marriage practice in Hindu society where gifts of cash or
other valuable items are exchanged between the families of the bride and groom.
3

Legally, the Dowry Prohibition Act (1961) in India defines dowry as 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,
before or after marriage.
4
The aforementioned definitions will form the basis of what
constitutes dowry for the purposes of this dissertation.
It is also worth noting that these definitions embody the Hindu practice of dowry
as opposed to the Muslim practice of mahr.
5
The concept of mahr and dahej are often
confused to be the same, as the literal English translation of both is dowry.
6
This
dissertation focuses only on the Hindu context of dowry.

1
Dowry is an ancient Indian practice, initiated by the practice of Kanyadaan, where the father of the bride,
gifts various items of daily usage to his daughter. This practice later became dowry.
2
Prabhupada, A.C. Bhaktivedanta Swami, Bhagavad-Gita As It Is, (1991), A.C. Bhaktivedanta Publishers,
India, Chapter 2.
3
Shravanti Reddy, Ancient Practice of Dowry Perpetuates violence against women in India, The Asia
Observer, 7
th
November, 2002.
4
Section 2 Dowry Prohibition Act (1961).
5
Mahr ,according to Koran, is a gift, mandatory in Islam, given by the groom to the bride upon marriage in
Islamic cultures: The Koran, Verse 4.25. The concept of Mahr and Dahej (Hindu concept meaning the gifts
in he form of wealth or kind given by the brides father to the grooms family) is often confused to be the
same, as the literal English translation of both is Dowry: P.J. Bearman, (Ed).: The New Encyclopedia of
Islam 2002, AltaMira Press, Delhi, India, pg. 476.
6
P.J. Bearman, (Ed): The New Encyclopedia of Islam 2002, AltaMira Press, Delhi, India, pg. 478.
7
In India the concept of dowry is said to have originated from the Vedas.
7

8

Authors like Goody have mistakenly confined the concept of dowry to be an Indian
practice.
9
But the practice of wealth accompanying the bride during marriage was also
shared by the Romans, English, Portuguese, Turkish and Irish.
10
Richard Breen
comments that the practice of dowry still persists in these countries.
11

Whilst the taking and giving of dowry is an offence and punishable under Indian
national laws, the practice is still commonplace in Indian society today

.
12
This is largely
due to the societal acceptance of such a practice as a cultural norm.
13
What is more
concerning however is the violence that ensues from the practice. Non- compliance with
the dowry demands of the grooms family before or after marriage often results in the
death of the bride. For instance in 2006, 1,795 dowry related deaths were recorded in
Uttar Pradesh alone, just one of the states in India.
14
These official records however are
only the tip of the iceberg, as H. Thakur states there are far more cases that go under

7
Veda is derived from the root Vid, which means, to know. The Vedas are the recordings of sages to
whom the mantras were revealed. They proclaim the transcendental Truth, which is not changed by time or
place. They indicate the means to prosperity and security for the denizens of the three worlds. The three
worlds are Manushyaloka (world of men), Pitriloka (world of fathers) and Devaloka (world of Gods).
There are four main kinds of Vedas, viz., Rig Veda, Yajur Veda, Saam Veda, Atharva Veda.
8
Botticini & Siow, Why Dowries, (November 2003), Vol. 93 No. 4, The American Economic Review, pp.
1385-1398, at 1387.
9
Goody & Tambhiah, Bride wealth and dowry, (1973), No. 7, Cambridge Papers in Social Anthropology,
Cambridge University Press, pg 169.
10
Richard Breen, Demography and Dowry: Family and Land Dowry Payments and the Irish Case, (Apr.,
1984), Vol. 26, No. 2, Comparative Studies in Society and History, pp. 280-296, at 283.
11
Ibid at 290.
12
The Dowry Prohibition Act, 1961 and the Indian Penal Code have provisions that make the taking and
giving of dowry an offence punishable under law.
13
Werner Menski, South Asians and the Dowry Problem (1998), First Edition, Trentham Books Publishing,
United Kingdom, pg. 90.
14
India Human Rights Report, 2007. http://www.achrweb.org/reports/india/AR07/UP.htm#_ftn14.
8
reported.
15
According to Thakur, unofficial sources depict that there are at least 25,000
dowry related deaths in India every year.
16

The practice of dowry undoubtedly discriminates against women. In fact, dowry
related deaths are a form of gender-based violence. The United Nations Declaration on
Elimination of Violence Against Women defines gender based violence as:
any act. . . that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivations of liberty, whether occurring in public or private life.
17

As a cultural norm, the practice of dowry is gendered because it is the father of
the bride who has to meet the demands of the grooms family, at the time of marriage.
18

In fact according to the ancient practice of Kanyadaan, the father of the bride gifted his
daughter various things at the time of marriage.
19
This was largely due to two main
reasons; one as an act of gratitude because his daughter was going to a different house
and because of the incapability of women to sustain themselves. This practice, which
began as a voluntary practice became a compulsory tradition and was implicated against
the inferior status of women.
20
Furthermore since the victims of dowry related deaths
have always been women; it thereby constitutes a gendered crime.

15
H. Thakur, Are Our Sisters and Daughters for Sale? When will the horror of dowry and bride burning
end? June 1999, India Together, http://www.indiatogether.org/wehost/nodowri/stats.htm.
16
Ibid.
17
Article 1 of the United Nations Declaration on the Elimination of Violence against Women.
18
Rani Jethmalani Kali's Yug: Empowerment, Law and Dowry Deaths, (1995), Har-Anand Publications,
New Delhi, India, pg. 33.
19
Kanyadaan is an ancient practice whereby the father of the bride gifts her items of daily usage for her
comfort in her in laws home.
20
Rani Jethmalani, (1995) supra n. 18, at 37.
9
Moreover, the practice of dowry also assisted in further subordination of women.
This inter alia resulted in a higher rate of female infanticide.
21
Basically, the practice of
dowry has generated various forms of violence against girls and women. Therefore such
forms of violence could only end when the concept of dowry is not only prohibited by the
law but no longer accepted as a social and cultural norm.
22

In reality, the non compliance of the dowry demands of the grooms family would
have one of the two outcomes for the bride. She would either be asked to leave her
matrimonial home due to non payment by her parents, this in turn would result in social
ridicule for herself and family; or she would be killed by her in laws, usually by being
doused in kerosene and set ablaze.
23
The practice of setting ablaze the bride would thus
render it impossible to investigate any evidence of the actual reason of her death. This
was also conveniently done as the traditional Indian womans clothing would alight very
quickly, making it difficult for her to escape such a fire. Evidently this form of dowry
related violence, i.e. setting her ablaze, grew rapidly in Indian homes. These forms of
gender based violence continue despite of the fact that dowry taking and giving is
punishable by law.
24
Despite legal provisions prohibiting the giving and taking of dowry
and dowry related violence already in practice in India, the practice and associated deaths
still prevail.
25
This dissertation examines the concept of dowry and dowry related deaths
as a form of gender based discrimination and violence in India. Issues such as the origin
of the practice of dowry, emergence of dowry deaths, the legal regulation of the practice

21
Rani Jethmalani: supra n. 18, at 46.
22
Ibid.
23
M. Srinivas: The Changing Position of Women, (1978), Oxford University Press, Delhi, India, pg. 70.
24
Section 2 of the Dowry Prohibition Act, 1961.
25
The Indian Penal Code and the Dowry Prohibition Act, 1961, The Criminal Procedure Code. The
Evidence Act.
10
of dowry, and associated violence, why the practice still prevails (despite its illegality)
and consequential deaths still prevail today, and what further action needs to be
undertaken to curtail the practice and prevent future dowry related deaths, will be
considered. Particular attention will also be paid to the role of legislation, the judiciary,
civil society and the media in trying to curb the problem. Fundamentally this dissertation
challenges the legal and social practices that promote the continuance of dowry and
dowry related deaths.
















11

CHAPTER I: WOMEN AND DOWRY IN INDIA

The practice of dowry in India has always been associated with women alone. The
tradition and culture are the sources of Indian ceremonies like marriage. This chapter
looks at the cultural meaning, origin and the co-relation of the secondary status of women
and why they fall victim to the practice of dowry. Moreover, as the practice of dowry is
gendered, the status of Indian women, their gendered and cultural expectations and roles
are also analysed. Although Hindus all over India have common religious views, the
same is different amongst the South Indian Hindus and the North Indian Hindus. An
analysis of the practices amongst these two groups reveals a unique difference in the
practice of dowry between North Indians and South Indians. Since culture forms the
essence of Indian society, an examination of the status of women depicted through
cultural sources in theory and practice explain the reason why women are victimised in
practices such as dowry.
India is a country of diverse cultures and religions. Of all the different religions
followed and practiced in India, it is averred that Hinduism is the most ancient and
dominant
26
. As the practice of dowry forms an integral part of Hinduism it is first
important to briefly outline the link between dowry and the Hindu religion.




26
G. Mukherjee: Dowry Death in India (1999), Delhi Publications, India, pg. 15.
12
A. The meaning and origin of dowry under the traditional Hindu religion:
The Bhagwad Gita
27
is the holy book of the Hindu religion and forms the basis of
many Hindu cultural practices and ceremonies. It contains ceremonies to be performed,
from the birth of a child; to those relating to marriage and those upon death. It contains
verses taken from Manusmriti,
28
one of the most ancient sources of the Hindu religion
and various Vedas.
29
The Bhagwad Gita and various Vedas lay down various rituals and
practices. The Bhagwad Gita also contains the verses taken from Manusmriti and various
Vedas.
30
The Bhagwad Gita and various Vedas lay down the procedure for performance
of marriage ceremonies.
During the first Hindu civilisation in India, the Dravidians and the Aryans
31

adopted these Vedas and Bhagwad Gita to be the source of their religion.
32
They

27
The Bhagwad Gita, meaning Song of God, is the Holy Book of the Hindus and is the sanction to various
practices.
28
Manusmriti, translated as, Manus translation, is regarded as foundational work of Hindu Law. Manu
was a saint in ancient India and he compiled the Manusmriti based on his recollections in 200 BC. Manu
was also regarded the fore father of the human race by the Hindus. The Hindu culture is based on
mythology and is based on the teachings of God. They contain the laws, rules of conduct to be applied by
individuals, communities and nations. The Vedas and Bhagwad Gita, are written scriptures which are
written by the Gods. On the other hand Manusmriti was the recollection by a human being, i.e. Manu,
which made its authority questionable by many writers such as M. Srinivas. Due to these reasons many
Hindus do not regard Manusmriti as a religious source. Another reason for the non-reliability of
Manusmriti was owing to the chauvinist nature of its preaching. Many feminists like M. Kishwar, strongly
oppose the chauvinist preaching of Manu because it advocates the inferior position of women in society. M.
Kishwar also denies the relevance of Manusmriti as being the source of Vedas and the Bhagwad Gita.
29
Veda is derived from the root Vid, which means, to know. The Vedas are the recordings of sages to
whom the mantras (mantras are recitals in Sanskrit language, which are usually in the form of poetry
appreciating Gods) were revealed. They proclaim the transcendental Truth, which is not changed by time or
place. They indicate the means to prosperity and security for the denizens of the three worlds. There are
four main kinds of Vedas, viz., Rig Veda, Yajur Veda, Saam Veda, Atharva Veda. All these Vedas are
hymns in the praise of the Gods. Each of these Vedas has various other Shakhas, meaning branches and
Up-Shakhas, meaning sub-branches. But the four main Vedas as mentioned earlier are the prominent ones.
30
Manu was the author of Manusmriti, considered to be one of the most ancient sources of Hinduism by
some.
31
The Dravidians were one of the earliest civilisations in India. The mention of the Dravidians first
appeared in the holy book of the Hindus called the Ramayana. The Dravidians settled in the southern part
of India and their practices influenced the traditional practices in southern India. Their interpretation of the
Vedas also differed from those of the Aryans.
32
T. Hopkins: The Hindu Religious Traditions (1971), First Edition, Dickenson Publishing, United States
of America, pg. 36.
13
propounded different religious practices throughout the south and north of India
respectively. Religious teachings of the Aryans and the Dravidians influenced practices
such as marriage and related ceremonies like dowry. Owing to this the North Indian and
South Indian practice of dowry therefore slightly differs from one another. The details are
discussed in the later part of this chapter. Thus the significance of religion in practices
such as marriage and dowry find their source in the religious texts.
A Hindu marriage is a Sanskara.
33
Since it is the tenth ordained by the sacred
scriptures of the Hindus, an orthodox Hindu must marry.
34
There were eight forms of
marriage out of which four were approved and four disapproved by the Hindu
Scriptures
35
. Out of the four forms approved by the scriptures, the two leading forms
were Brahma and Asura.
36
In the Brahma form of marriage the bride accompanied by
various gifts was gifted to the bridegroom by her father.
37
The Asura form of marriage
literally meant an outright purchase of the bride, where the groom would pay the brides
father.
38
The Asura was practised only in few places like Bengal and Assam, while the
Brahma was the most popular throughout the country.
39
Eventually the Asura practice of
marriage was condemned as it was deemed to be against the Hindu religion and
consequently the Brahma practice remained dominant throughout India. The association
of the practice of dowry with women alone needs to be studied with reference to the

33
Sanskara is a sacrament. As a result of which he must perform certain duties as mentioned in the Vedas.
This is also where the concept of Karma (self-actions) demands certain actions to be performed in the name
of religion. Marriage is an action which needs to be fulfilled as a result of karma.
34
P.Nair: Marriage and Dowry in India: The Dharmashastras, (1978), First Edition, Minerva Publishing,
India, pg. 1. The Hindu Dharma lays down certain duties to be performed in the name of Karma. These
duties are listed as Dharmashastras and also appear in the Vedas and the Bhagwad Gita.
35
P. Nair, (1978), supra n. 34, at 3
36
P. Nair, (1978), supra n. 34, at 16.
37
V. Singh: Dowry Prohibition in India, (1985), First Edition, Alkesh Publishing, New Delhi, India, pg. 13.
38
V. Singh, (1985), supra n. 37, at 14
39
V. Singh, (1985), supra n. 37, at 16
14
position of women. The heart of Hindu practices lies in the religious sanctions and
authoritative support of various Vedas.
40

In Manusmriti, Manu outlines the concept of hunda, which meant a gift from a
father to the daughter at the time of marriage

.
41
He called this practice kanyadaan and
advocated two reasons why it was necessary. Firstly, this was needed because the women
were considered weak and therefore unable to sustain themselves. According to Manu,
women were by nature vulnerable to all kinds of evils and therefore needed protection at
all times.
42
Secondly, gifting of items of daily usage to the daughter would aid her
survival during her initial days at her marital home.
43
It was the duty of a father to
contribute towards his daughters comfort in her marital home. This would usually be
done by gifting her essential things like clothing, food grains, cattle, etc.
44
This practice
was called Kanyadaan and was adopted by most Hindus throughout India.
The concept of woman (Kanya) being given in marriage (daan) to the groom, is
the most ancient form of dowry. Kanyadaan is said to be one of the duties of a father,
according to the Rig Veda.
45
The Rig Veda elaborated the meaning of kanyadaan to
include, cows and gifts given by the father, who accompanied the brides procession.
46

The concept of Kanyadaan changed during the time when Brahmin priests were regarded

40
M. Srinivas, (1978), supra n. 23, at pg. 22.
41
Hunda was a pot, filled with necessary items like food etc., given to the bride at the time of marriage
according to the Hindu customs.
42
Manusmriti Verse II, para. 133.
43
Manusmriti verse IX, para 1.
44
Manusmriti Verse IX, para. 25.
45
Rig Veda, is one of the four main forms of the Vedas. It is a collection of various hymns praising the
Lords and laying down certain rules. Rig Veda portrays a monistic Supreme Being-as-Cause-and-Lord-of-
all cosmology, describes a pattern of dharma towards righteous and prosperous living in tune with the Gods.
This scripture also details yogic disciplines leading to realization of the Absolute. The Rig Veda also
contains the duties of a human being, the fulfilment of which is needed for the attainment of solace. Rig
Veda Verse X. Hymn 85, 44.
46
Rig Veda verse X, para 85.
15
as the highest clan in the Vedic period during the 1500 BC.
47
Being the priests belonging
to the most respectable caste in the Hindu society, they commanded high respect. Thus
the voluntary practice of Kanyadaan was looked as an insult to the Brahmins due to the
word daan, which meant donating.
48
Since this affected the superiority of the Brahmins
the practice was termed as dahej, which meant bride-price.
49
The transition of
kanyadaan to dahej, is discussed at the later part of this chapter.
Thus over the period of time Kanyadaan became dahej.
50
With the change in
economic conditions and inflation the meaning of dowry has been socially amended.
Thus the dowry demands which initially were cash and clothing changed to flats and
vehicles
51
. The amount of dowry demand was directly proportional to the social and
economic position of the groom.
52
This concept has remained unchanged even till date.
Thus the practice of dowry under the guise of religion exists even today. But authors like
W. Menski, deny, the practice of dowry having any authoritative backing by the Vedas.
53

Menski advocates the initial practice of kanyadaan being innocent as sanctioned
by the Vedas. Thus the religious practice of kanyadaan bears Vedic significance, but it is
the degeneration of kanyadaan that led to practice of dowry, which inter-alia led to
dowry related violence. The importance of religion for Hindus in India is paramount.
This results in the existence of the system of kanyadaan. Many ceremonies performed at
the time of marriage are the result of Vedic teachings. Kanyadaan is one of the essential

47
M. Srinivas: Some reflections on Dowry, (1984), First Edition, Oxford University Press, pg. 18.
48
Altekar, The Position of Women in Hindu Civilisation: From Pre Historic Times to the Present Day,
(1991), Motilal Banasidas Publishers, Delhi, India, pg. 100.
49
Ibid.
50
Dahej is the literal translation of dowry in Hindi (the national language of India).
51
W. Menski: (1998), supra n. 13 at 17.
52
V. Rao, The Rising Price of Husbands: A Hedonic Analysis of Dowry Increases in Rural India, (August
1993), Vol. 101, No. 4, The Journal of Political Economy, pp. 666-677, pg. 670.
53
Botticini & Siow, (2003),supra n. 8, at 1386.
16
ceremonies to be performed at the time of a Hindu marriage. This facilitates dahej to
exist under the cover of kanyadaan and the seekers of dowry demand dowry under the
religious name of kanyadaan. This continual practice of dahej is assumed religious by
many people in India.
54
This system of dahej, is the root cause of dowry related
violence exists even today.
55
The main reason for victimisation of women in dowry
violence is due to the position of women in Indian society.

B. The position of women in Indian Society
The degeneration of the practice of kanyadaan to dowry was due to the inferior
position of women in society. Vedas and various religious texts are responsible for
promulgating the secondary status of women. A detailed analysis of the same explains the
victimisation of women in dowry violence.
From the descriptions above it is evident that the practices of kanyadaan and
dowry are gender biased. According to Hindu culture, a daughter represents her familys
values and honour; she is a symbol of the moral code the family abide by.
56
When she is
married she takes with her the family morals and values of her paternal home to her
marital home.
57
The teachings of Manu, reflected in Manusmriti were adopted by the
Dravidians and the Aryans.
58
Amongst many teachings of Manu adopted by the Aryans
and the Dravidians, the most significant was the inferior status of women
59
. For instance,
according to Manu, the shudras and the women were not worthy of being present when

54
V. Rao, (1993), supra n. 52 at 672.
55
Ibid.
56
Ibid.
57
Bhagwad Gita, Chapter 18, Text 8.
58
Amongst the first Hindu clans in India.
59
Botticini & Siow, 2003supra n. 8, at 1388.
17
the Vedas were being recited.
60
This was mainly because the Vedas were considered
highly privileged and women were considered inferior to understand the Vedas.
61
Similar
treatment to women was given in the Rig Veda, which followed the steps of Manusmriti
62
.
According to Manusmriti women were fit for only two purposes; one for housekeeping
and secondly for begetting children.
63
Both the Manusmriti and the Rig Veda glorified
the Brahmins, and offerings made to them.
64
In order to satisfy the ego of the Brahmins
women were also subjected to slavery for serving the Brahmins.
The Brahmins were considered the highest clan in society and were referred in
Manusmriti as twice-born.
65
Thus every father wished that his daughter be married in a
Brahmin family in order to achieve high status in society.
66
As a result when a daughter
was married, the father had to give certain gifts to the grooms family. This led to the
increased practice of hypergamy.
67
The desire of higher status in Brahmin dominated
society, induced fathers to fulfil any kind of dowry-demand. Thus fathers insisting on
their daughters getting married to the Brahmins, had to comply with the dowry demands
mostly out of their capacity.
68
The amended system of bride-price, by the Brahmins,

60
Lowest caste in the Hindu caste system.
61
M. Srinivas, (1978) supra n.23, at 20.
62
M. Srinivas, (1978) supra n.23, at 25.
63
Manusmriti Verse II, para. 133
64
Rig Veda Verse III, Hymn 1.
65
According to the Manusmriti, it was a privilege to be born as a human being in the next life. Hinduism
believes that human life is achieved after prolonged good deeds in the past life. Apparently the Brahmins
were assumed by Manusmriti to be the second birth as a human being. As he has already been a human
being in his last birth, he is seen as a superior being. A Brahmin is also said to be born out of a Golden seed.
Thus the position of a Brahmin is higher as he is the twice-born as a human being. Manusmriti Verse 1,
Para. 9.
66
P. Nair, (1978), supra, n. 34, at 30.
67
Hypergamous marriages were those where the daughters of lower castes would marry the Brahmins,
leading to dowry demands
68
M. Srinivas (1978), supra n. 23 at 36.
18
was by 500 BC called Vardakhsina.
69
But sooner thereafter due to the higher status of
Brahmins this voluntary practice became compulsory.
70

Thus the journey of Kanyadaan over the period of time seemed to change to the
practice of Varadakshina.
71
By marriage and acceptance of Varadakshina the Brahmins
were obliging the father of the bride.
72
The Varadakshina would usually be in gold or
cash.
73
But soon this practice spread to other non-Brahmin castes.
74
The giving of
Varadakshina by the father of the bride to the groom became the usual practice.
75
This
enhanced the preference of the boy child over the girl child
76
. Thus daughters were
looked upon as a burden and a liability rather than an asset.
77
Birth of a daughter in a
family would mean expenditure and the birth of a son meant an income for the family.
78

The birth of a male child was preferred, since the time of Manusmriti.
79
An Indian
woman had certain roles to perform under the Hindu religion.
80
According to Hindu
religious texts such as the Vedas, the gendered expectation from a woman is that of a
righteous daughter, a virtuous wife, and a good mother.
81
She was respected only in
instances where she lived up to the cultural and gendered expectations. The gendered
expectations from a woman thus resulted in girls being less desirable. The status of the
girl child can be summed up in the verse of Manusmriti as;

69
Varadakhsina literally means gifts to the groom. These were gifts given out of natural affection. Paras
Diwan: Dowry and Protection to Married Women, (1987), Deep and Deep Publications, India, pg. 108.
70
P. Diwan, Dowry and Protection to Married Women, (1987), Deep and Deep Publications, India, pg. 108.
71
P. Nair, (1978), supra note 34, at pg 37.
72
Altekar: (1991), supra n. 48, at 100.
73
P. Nair, (1978), supra, n.34, pg 40.
74
Ibid.
75
Ibid.
76
Bloch & Rao, Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India,
(September 2002), Vol. 92, No. 4, The American Economic Review, pp. 1029- 1043, at 1030.
77
W. Menski, (1984) supra, n. 13, at 70.
78
Ibid.
79
Manusmriti Verse 3 Para. 55.
80
P. Nair: (1978), supra n. 34, at 40.
81
M. N. Srinivas, (1984), supra n. 47 at 230.
19
Her father protects (her) in childhood, her husband protects (her) in youth, and
her sons protect (her) in old age; a woman is never fit for independence
82
.
Even in this century the preference of a boy child still remains strong.
83
It is this
preference of a boy child that leads to dowry demands. Thus having a son would validate
the demanding of dowry and would generate an income, was the main reason for male-
child preference.
By the nineteenth and twentieth century the Manusmriti had been criticised for
being gender biased.
84
Many authors like M. Srinivas and M. Kishwar have adopted
various approaches to deny the authoritative nature of Manusmriti. The non-reliability of
Manusmriti was because it was, recollections of a human being.
85
Another reason
pointed out by M. Kishwar, is due to its dogmatist ideals and teachings.
86
This was
opposed by Dr. Ambedkar, who stipulated that the Manusmriti is important in learning
the origin of Hindu culture.
87
According to Dr. Ambedkar, Manusmriti also talks about
respecting women.
88
Thus it is the personal interpretation of religious teachings that leads
to dowry related deaths. The much criticised principles of Manusmriti were also used by
British, in colonial times to draft the Hindu Civil Code
89
. This was done mainly as this
was the oldest religious scriptures of Hindu religion. But again an interpretation of the
Manusmriti led to omission of womens rights in the initial draft of the Hindu Code. For

82
Manusmriti Verse 9 Para. 3
83
Botticini and Siow, (2003), supra n. 9, at 1386
84
Altekar: (1991), supra n. 47, at 45.
85
M. Srinivas, (1984) supra n. 47, at 40.
86
M. Kishwar: Manusmriti to Madhusmriti, http://india_resource.tripod.com/social.htm, last visited 14
th

June, 2007.
87
G. Omvedt: Ambedkar: Towards an Enlightened India, (2004), First Edition, Amazon Publishing, .
88
Ibid.
89
M. Kishwar: Manusmriti to Madhusmriti, http://india_resource.tripod.com/social.htm, last visited 14
th

June, 2007.
20
instance Robert Clive and Warren Hastings completely ignored the inheritance power of
women.
90

Religious and mythological factors have also portrayed women as inferior to men
in their societal roles and positions.
91
Hindu goddess like Sita, the wife of Lord Ram, has
been portrayed as highly respectable owing to her sacrifices.
92
She is worshiped because
she renounced the life of a queen and followed her husband to fourteen years of exile,
living without any worldly pleasures or comfort. Whilst in exile, she was kidnapped by
Ravana, a demon, and then later rescued by her husband. Having spent time in solitude
with another man, her husband Ram demanded proof of her purity. Humiliated, it is
claimed that Sita asked mother earth to open up and swallow her. In the end, despite all
the sacrifices made by Sita, she succumbed to the earth as a proof of her purity.
Consequently in Hindu culture she is epitomised as the ideal woman i.e. one who is
willing to make all the sacrifices and expect nothing in return.
Another example is in the story of Draupadi in the epic of Mahabharata.
93

During late 3300 BC, a game similar to dominos was used as a measure to decide who
the next successor to the throne would be. During the game the Pandavas had lost their
throne to their competitor and cousin Duryodhan.
94
As a last resort and in the attempt to
regain their empire, they placed their wife Draupadi as a bet. One may question, whether

90
M. Srinivas, (1984) supra n. 47 at 71.
91
Kakar: The Inner World: A Psycho-Analytic study of childhood and society in India, (1978), Oxford
University Press, Oxford, United Kingdom, pg. 66
92
Lord Ram was the King of Ayodhya, during the late 5100 BC in central India, was the son of King
Dashrath and Queen Janaki. He is considered the seventh form of Lord Vishnu.
93
Mahabharata is a famous Indian epic meaning the great tale of the Indian dynasty dating back to 5 BC.
It described the famous battle between the Kauravas and the Pandavas. The Pandavas were five brothers,
who were the successors to the throne of Hastinapur, one of the biggest empires in India. It is a compilation
of 74, 000 verses. The five Pandava brothers were married to a princess named Draupadi.
94
Duryodhan was the cousin of the Pandavas, who was originally the successor of the throne, but because
his father was blind and unable to rule the empire, the throne was handed over to the nephews, the
Pandavas. Duryodhan was convinced by his maternal uncle Shakuni that the only way to regain his empire
would be by winning the game similar to dominos.
21
women are mere property to be pawned. The Pandavas lost and Duryodhan ordered that
Draupadi be undressed in open public. However, when Duryodhans brother attempts to
undress the queen in open public, the Pandavas do nothing. On losing the bet and later
the battle, the Pandavas went into exile. Despite being subjected to extreme humiliation
by her husbands, Draupadi followed her husbands during exile. Again one of the reasons
why Draupadi is so revered is that despite what she experienced due to her husbands
doing, she was still willing to make sacrifices for them as a good loyal wife. Thus Hindu
religious mythology seems to stipulate that the role of a woman and a wife in particular is
to always abide by her husband and be willing to make sacrifices for them.
95
This led to a
prevailing secondary status of women.
In modern times, the imbalance in the sex ratio in India is mainly owing to the
disappearance of women. As stated by Indian Economist Amartya Sen, more than 28
Billion women have disappeared due to reasons such as Sati (practise of widow
emollition), female infanticide and other atrocities against women.
96
The problem of
female infanticide and foeticide originated due to the practice of dowry.
97
Thus efforts are
made to avoid any future payment of dowry and inter-alia to avoid dowry death. Thus
efforts have been made to curb the practice of female infanticide. But despite legal
provisions making the pre determination of the foetus an offence the practice has not
stopped.
98
Even today sex determination of the foetus is mainly for the purpose of
eliminating the possibility of a girl child.
99
It is assumed that women are expected to meet

95
M. Kishwar: Manusmriti to Madhusmriti, http://india_resource.tripod.com/social.htm.
96
D. Stein, Burning Widows, Burning Brides: The Perils of Daughterhood in India, (Autumn, 1988), Vol.
61, No. 3, Pacific Affairs, pp. 465-485, pg. 470.
97
D. Stein, supra n. 101, at 473.
98
Section 4 of The Pre-Natal Diagnostics Techniques (Regulation And Prevention Of Misuse) Act, 1994.
99
S. Goonesekere: Violence, Law and Womens Right in South Asia, (October, 2003), Sage Publications,
India, at 300.
22
the gendered expectations and would not revolt against any atrocity like dowry deaths. A
contributing factor to this is the dependency of women both before and after marriage
that renders them vulnerable to dowry death.

i. Women and Dependency before marriage
As evident from above, the journey of presents from Kanyadaan to dowry always
remained confined to women alone. Women or girls in India are always referred to as,
Paraya Dhan, meaning belonging to the other.
100
Although the father has to pay the
dowry, it is the bride who faces the punishment in the in event of the dowry not being
paid.
101
This makes women the object of the marriage transaction. It is as though one
sells and the other buys, but here, even the consideration is women.
102

Women have continuously been regarded as chattels.
103
Before marriage, they
are considered the possession of their fathers. It was the responsibility of the parents to
incur any debts to pay the dowry for the daughter. They were and still are considered a
liability on the father and the entire family. As H. Gosh expresses, a daughter is an
economic burden and social liability.
104

In India women are considered weak and in need of protection at all times.
105

Although this concept is diminishing, the rate at which it is diminishing, is very slow,
which still leaves women, to be considered weak. The father nurtures his daughter until

100
Literal meaning of the wordings Paraya Dhan is property of the other, but the colloquial meaning is
belonging to the other. Therefore the father nurtures the daughter as a property of the other. The ownership
and responsibility of the father terminates on the marriage of the daughter.
101
W. Menski, (1978) supra n. 13, pg. 45.
102
Ibid.
103
H. Ghosh, Chattels of Society: Domestic Violence in India, (2004), Violence Against Women, Vol. 10,
No. 1, pp. 94 to 118, pg. 95.
104
H. Ghosh, supra n 103, at 104.
105
M. Srinivas, (1984),supra n. 47, at 223.
23
her marriage, after which she would become the possession of her husband.
106
In
Indian society the brides father is indebted to the groom and his family. This was
because after marriage the bride lived with her husbands family; and would be a burden
upon them. Thus under obligation he would have to satisfy any demand made by the
groom and his family. Owing to this feeling of indebtedness, the demands can neither be
denied nor negotiated. According to Altekar, fathers who are unable to meet such
demands have two choices; they could take out loans, sell their land, etc., and fulfil the
demands of the grooms family or be left with unmarried daughters and face societal
shame and criticism
107
.

ii. Women and Dependency after marriage
Indian marriages are said to be a relationship not to the groom alone but a
relationship to the entire family.
108
This meant responsibilities of taking care of all the
members of the husbands family. The married woman is therefore a puppet in the
hands of her husband and his relatives.
109
She is therefore a puppet in the hands of her
husband in the patriarchal society.
Dominance of patriarchy continues even in her old age when she would be
dependent on her son.
110
As upon marriage the daughter would leave her fathers house
for her matrimonial home, she was never deemed to be in a position to look after her
parents in their old age. It is therefore the son who supports his parents in their old age. A
woman was therefore never independent and always deemed to be dependent on a male.

106
M. Srinivas, (1984) supra n. 47, at pg. 40.
107
Ibid.
108
Bhagavad Gita Chapter 4, Text 40.
109
H. Ghosh, (2004), supra n. 103, at 105.
110
Manusmriti Verse 9 Para. 3.
24
It was an ancient custom in India that a woman was not allowed to work.
111

Although they worked in farms they only contributed to the familial income. They were
never deemed capable for earning of independent income. During the 20
th
century and era
of industrialisation, this picture changed. However, once married, her social
responsibilities changed and she was expected to be a housewife.
112
It is because of this
dependence status of women that they were also subjected to being bought and sold.
113
In
certain rural areas of India, even today, women are not allowed to work, thus making
them dependent on their husbands.
114
A concept akin to the concept of dowry is that of
streedhan, which constitute womens own property.

C. Co-relation between dowry and streedhan
The two concepts most commonly misunderstood to be identical are those of
dowry and Streedhan. Dowry as explained earlier in this dissertation is the property or
cash demanded or in various forms expected by the grooms family.
115
Streedhan
literally means womans property.
116
The Manusmriti initially described Streedhan to
include, maintenance and gifts given by the husband or his family at the time of the
marriage. Even in the pre-Vedic period, the wife had all the rights to her streedhan.
117

But in the Vedic period the practice changed owing to the dominance of the Brahmins.
118

As mentioned earlier the Brahmins, being the highest clan had the power to change the

111
M. Srinivas, (1984), supra n. 47, at 51.
112
M. Srinivas, (1978), supra n. 23, at 20.
113
Goody & Tambiah, Bride wealth and Dowry Revisited in The Position of Women in Sub Saharan
Africa and North India, (1989), Vol. 30, No. 4, Current Anthropology, pp. 413 to 435, at 420.
114
M. Kishwar, Destined to Fail, India Together, Issue 148,
http://www.indiatogether.org/manushi/issue148/dowry.htm
115
W. Menski: (1998), supra n. 143at 17.
116
Manusmriti Verse IX, Para. 194.
117
Ibid.
118
M. Srinivas (1984), supra n. 47, at 30.
25
practices. The new concept of streedhan was wealth given by the father of the bride for
her maintenance.
119
The bride would thus have the right over such streedhan as given by
her father.
The Hindu religion did not allow women to inherit any property.
120
As a result
Streedhan was the nearest means of security for a woman in her married home. With the
initiation of womens rights movements, streedhan came to be added even in the Hindu
Succession Act.
121
Thereafter Streedhan was the only property on which women had both
inheritance and disposal rights.
122
In modern times, the Hindu Civil Law entitles the
woman to have complete ownership of her Streedhan.
123
This was later extended to
include ownership of both movable and immovable property acquired by any means.
124

This later aided the inheritance power of the daughters. Originally in India, when a Hindu
died intestate, his property was divided amongst his sons and his male relatives under the
Hindu Succession Act, 1956; in the absence of a son in the family, the property was
inherited by the nearest male relatives. However with subsequent changes in the Hindu
Succession Act, 1956, even daughters were allowed to inherit the property. As many
authors like M. Srinivas believe streedhan was the concept to prevent dowry deaths, as it
was a security for the bride. It also expressed possession over property by the bride,
proving her independent income.
125
This act was made central in order to cover all the
personal practices existing in the north and south of India. It was the difference in the
practice amongst the north and south Indians that was the underlying issue.

119
Naik: A Study of Dowry Practices, (1996), Datane Publishers, Pune, India.
120
M. Srinivas, (1984), supra n. 47, at 222
121
M. Srinivas (1984) supra 47, at 223.
122
Goody & Tambiah, (1989), supra n. 123 at 417.
123
The Hindu Succession Act, 1956, section 14.
124
The Hindu Succession Act, 1956, section 14 (1).
125
M. Srinivas (1984), supra n. 47, at 44.
26

D. Difference between dowry practices amongst Hindus
Although most states in India follow the Hindu religion, the practices differ,
mostly between the North Indians and South Indians. The early civilisation of the Aryans
and Dravidians had a separate effect on the Hindu culture; with the Aryans influencing
Northern India and the Dravidians influencing the southern parts of India.
126
This in turn
affected the practice of dowry too. In Northern India the dowry was given by the brides
father to the groom. However in Southern India this practice was different.
127
In some
communities in Southern India, such as the Mysore Brahmins, it was in fact the husband
that gave the brides father the dowry

.
128

Moreover compared to Northern India, traditionally many states in Southern India
advocated and allowed womens rights, like the right to property, inheritance etc.
129
For
instance in Kerala and Karnataka, in the absence of a son, women inherited their fathers
property after his death. Another distinguishing feature of the South Indian culture was
the concept of consanguineous marriages.
130
In contrast to North Indian Hindu norms,
which prohibited consanguineous marriages, the South Indian Hindus, allowed these
types of marriages. One reason for giving dowry is as a bribe i.e. to entice a suitable
match for the daughter.
Those who practice dowry do so under the guise of Vedic sanction. But
contradictorily, the Vedas do not allow or advocate the practice of dowry. As Menski

126
Iyengar, "Dravidian India" (1925), Asian Educational Services, New Delhi, India, at 20.
127
Iyengar (1925): supra n. 126
128
Mysore is a city in Tamil Nadu, a state in southern India. The Brahmin is the highest clan amongst the
Hindus.
129
Iyengar (1925) supra n. 126
130
G. Reddy, Consanguineous marriages and marriage payment: a study among three South Indian caste
groups, (1988), Vol. 15, No. 4, Annals of Human Biology, pp. 263-268, at 264. Consanguineous marriages
are marriages within ones clan, more particularly within ones family, but with distant relatives.
27
stipulates, it is kanyadaan and not dowry that is allowed by the Vedas.
131
Therefore
legal provisions and regulations have been aiming to eradicate this system of dowry. It
also aims at curbing the dowry related violence and dowry related deaths. An insight into
the legal regulations is essential to understand the efforts made to curb this practice.




















131
Werner Menski: (1998), supra n. 13, at 17.
28

CHAPTER II: REGULATION OF PRACTICE OF DOWRY
AND DOWRY RELATED VIOLENCE:

This chapter explores the regulation of the practice of dowry and the prohibition
of dowry related violence and dowry related deaths. The key legislations that will be
considered are; The Dowry Prohibition Act, 1961, The Indian Penal Code, 1860 and The
Constitution of India, 1950. Relevant case laws will also be considered. In addition, the
short-comings of the afore-mentioned legislations and judicial attitudes and approaches
are analysed. Finally, the role of media in raising awareness about the practice of dowry
and related violence, including dowry related deaths, is also examined.

A. An overview of dowry deaths in India
Dowry related deaths or most commonly called bride-burning. This practice
came to light around the late 1950s.
132
It is a practice wherein a bride doused in kerosene
is set ablaze by her husband and/or in-laws, for the non-payment of dowry.
133
The
practice of dowry related death is very simple and is a practical action of the definition
afore-mentioned. The main aim of dousing the bride in kerosene and setting her ablaze is
to avoid any evidence as to the reason of her death.
134
M. Kishwar further stipulates that

132
Rani Jethmalani, (1995), supra, n. 18 at 130
133
N. Ravikanth, Dowry Deaths: Proposing a Standard for Implementation of Domestic Legislation in
Accordance with Human Rights Obligations, (2000), 6, Michigan Journal of Gender and Law, 449 at 456.
134
Madhu Kishwar, Violence Against Women: Good Practices in Combating and Eliminating Violence
Against Women, Division for Advancement of Women, a report on the meeting organised by UN Division
for advancement of women, Austria, (17
th
to 20
th
May, 2005), at 3
29
it is very easy to show this as an accident or suicide. Another reason for bride-burning for
is to find another source to generate income by way of dowry. Brides who are unable to
get the demanded dowry are of no further use. In these circumstances the possibility of
receiving income is by marrying a different bride, who would bring dowry. But since
Hindu marriage prohibits polygamy, the only solution here is either divorce or death of
existing bride.
135
But divorce procedures in India take a long time and being called a
divorc taints the reputation of the groom. However being known as a widower generates
a kind of sympathy in favour of the groom. Therefore demand of dowry during the
second marriage protects the image of the grooms parents before the new brides family.

B. Regulation of dowry in colonial times
The first formal legal regulation of dowry per se came during the colonial rule in
the Indian subcontinent. Although initial litigation was introduced by the British,
Himalayan blunders were committed by them, by ignoring personal laws.
136
Over
emphasis on eradication of other practices like sati, child-marriage and widow-remarriage
resulted in poor anti-dowry regulation by the British. Eradication of Hindu orthodoxy by
way of atrocities against women was targeted during colonial times.
137
Many Indian
reformists, such as Mahatma Gandhi, Raja Ram Mohan Roy, Dayanand Saraswati, aimed
at curbing practices like dowry, sati, and widow remarriage.
138
Remarkable efforts were
made by Raja Ram Mohan Roy in the colonial times to fight such social evils.
139


135
M. Kishwar, (2005), supra n. 134, at 7.
136
V. Singh, (1985), supra n. 37, at 32.
137
R. Jethmalani: (1995),supra n. 18, at 30.
138
D. Stein, (1988), supra n. 96, at 466.
139
Raja Ram Mohan Roy was a freedom fighter from West Bengal and the founder of many social
organisations such as Brahmo Samaj, advocating the concept of one god. During colonial times when
30
But practices like Sati and dowry related deaths grabbed the attention of the
British. They viewed these practices as savage and beastly. Authors such as N. Ravikanth,
mention that even though concepts of wife-battering were familiar to the British, these
practices were inhumane. But in showing such concern, the Indians initially felt that the
British were interfering in their cultural norms and practices i.e. trying to impose British
values onto them.
140
The British introduced various systems of criminal and civil
litigation. These systems were much appreciated by freedom fighters such as Mahatma
Gandhi and J. Nehru.
141
They propagated the advantages of having the system of
litigation amongst the Indians. Since the impact of even opinions of freedom fighters like
these was strong on the Indian public, the concept of litigation was appreciated and used
by the Indians.
142
The effort of the British, to curb practices like dowry and sati did not
go in vain as the same was taken further by Mahatma Gandhi. In his book he encouraged
the youth to protest against the practice of dowry; denouncing it as heartless.
143
He also
propounded that an educated individual who accepted dowry in marriage, insulted his
education and qualification. According to M. Gandhi, this system was supported mainly
by the middle class families.
144
Thus although it was covered by a very small part of the
population he strongly argued that the practice needed to go.
145
Being a barrister at law,
he suggested that the only solution to such a problem was legal abolition of the

religion was used as a weapon for dividing India, the Brahmo Samaj, was the organisation for uniting
people. Amongst his notable work was the movement propagating eradication of dowry, emancipation of
women, child-marriage etc.
140
Ibid.
141
M. Gandhi: Women and Social Injustice (1947), Navjivan Publishing House, Ahmedabad, India, at 40.
142
J. Duncan M. Derrett, The Administration of Hindu Law by the British, (Nov., 1961), Vol. 4, No. 1,
Comparative Studies in Society and History, pp. 10-52, at 12.
143
M. Gandhi, (1947), supra n. 141, at 55.
144
Ibid.
145
M. Gandhi, (1947), supra n. 141, at 59
31
practice.
146
However Menski stipulates that Gandhi targeted the middle class, thus
ignoring participation of the lower class and the higher class.
147

Gandhis views were propounded by other authors such as B. Ambedkar, whose
contribution to dowry protests in colonial times is remarkable.
148
B. Ambedkar targeted
all the three classes for both awareness regarding rights and eradication of dowry. He
started educating the lower class women regarding the evils of dowry. He also educated
women about their rights in denying any payment of dowry. He also encouraged women
to oppose their husbands, fathers, brothers to take or give dowry.
149
The problem of
dowry was now being targeted in all the three classes.
150
After all the efforts made these
authors and various freedom fighters as mentioned above, the practice of dowry came to
be known as a social evil. Constant attention to other forms of violence like sati and
child-marriage led to the delay in the regulations relating to dowry and dowry related
violence.
151


C. Legal Provisions
The emergence of the phenomenon of dowry associated violence, and dowry
related deaths in particular, has led to the enactment of various laws within India. The
first step in preventing dowry related deaths was by penalising the very demand of dowry.
Thus the main provisions relating to the Dowry Act, mainly deal with the giving and

146
Ibid.
147
W. Menski, (1998), supra n. 13, pg. 26.
148
G. Omvedt, (2004), supra n. 87, at 300
149
Ibid.
150
M. Gandhi, (1947), supra n. 141, at 120. Here all three classes includes the upper class, the lower class
and the middle class. Classes referring to classification made on the basis of income of a family and the
caste of the family.
151
M. Srinivas (1978), supra n. 23, at 26.
32
taking of dowry, which is the gateway to dowry related deaths. The provisions of the IPC
and the CrPC have to be co-ordinated with the Dowry Act in order to study dowry related
deaths. The first major legislation to prohibit dowry deaths was the Dowry Prohibition
Act and its subsequent amendments.

(i) The Dowry Prohibition Act 1961
The Dowry Prohibition Act came into force on 1
st
July, 1961. The Act was
amended in 1984 and 1986. The main aim of the Act was the prohibition of taking and
giving dowry.
152
According to the Dowry Prohibition Act, 1961, dowry is defined as:
" 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 or persons to whom the Muslim
Personal Law (Shariat) applied.
153

The definition of dowry under this Act is comprehensive and includes gifts
demanded by the grooms family directly or indirectly in various ceremonies connected
to marriage. India comprises of 28 states and 7 Union Territories. For all these there are
18 High Courts, which have incorporated changes in state laws after looking at precedent
cases. For instance the State of Haryana widened the dowry definition by including
various expenses incurred during the marriage ceremony such as thaka, sagai, sangeet,

152
Statement of Objects and Reason of the Dowry Prohibition Act, 1961.
153
Section 2 of the Dowry Prohibition Act, 1961
33
tikka, shagun.
154
This is the insinuations of just one of the High Courts of India. Since the
personal laws differ in all states and because there is no common state law, centralising
regulations is difficult.
155
This Act has been designed to protect the rights of the women
and prevent any perspective dowry related violence. As stipulated by V. Singh that the
Act does not abolish the custom of gift giving in marriage, but has reformed dowry
system to its original form.
156
The Act makes it an offence to accept or give valuable
security, including ornaments, property both movable and immovable, demanded by the
grooms family.
157

The Act however differentiates between the gratuitous gifts of streedhan, over
which the bride has ownership and inheritance and the concept of dowry. As observed in
the case of Sher Singh v. Virendar Kaur (1979)
158
, the bride has all the ownership over
her streedhan. It was observed by the courts that the main reason for continual practice of
dowry was economic imbalance. In the case of Vikas v. State of Rajasthan (2002),
accumulation of unaccounted wealth with few and others having less means, follow the
same out of compulsion.
159
In Sakhi Mandalani v. State of Bihar (1999), the Supreme
Court of India insinuated that the evil of dowry had to be stopped, before all women are
wiped out from India.
160
Therefore courts in India have concluded that continuance of
dowry is due to reasons of economic imbalance and lack of public awareness. The

154
The Haryana Act No. 38 of 1976, Explanation II: Marriage expenses shall include expenses incurred
directly or indirectly at or before the marriage on-
(a) Thaka, Sagai, Sangeet, Shagun, Milni ceremonies.
These are ceremonies in a traditional Haryana Hindu religion. Thaka is a ceremony of acceptance of the
alliance. Sagai is the ceremony of engagement. Sangeet is Musical get together by the ladies of the families.
Shagun is a ceremony where certain items depicting good luck such as coconut etc are given. Milini is a
Welcoming the groom's 'baraat'.
155
V. Singh, (1985), supra n. 37 at 25
156
V. Singh, (1985), supra n. 37 at 33.
157
Section 30 of the Indian Penal Code, 1860.
158
Sher Singh v. Virendar Kaur (1979) FLJ, 493, at 497.
159
Vikas v. State of Rajasthan (2002) Cr. L. J. 3760.
160
Sakhi Mandalani v. State of Bihar (1999) 5 SCC 705.
34
changes in the economic conditions and life styles affected the dowry demands too.
161

The initial demands of ornaments for the relatives of the groom changed to demands for
cash, land and immovable property.
Under the Dowry Prohibition Act, 1961, any person who takes, gives, abets the
giving or taking of dowry, is punishable with imprisonment for a term not less than five
years and fine which is not less than Rupees 15, 000 or the amount of dowry given or
taken.
162
This aimed at eliminating dowry by including even acts of abetment as an
offence. In Rajeev v. Ram Kishan Jaiswal, (1994) the definition was broadened to include
property given in connection to the marriage or in consideration of marriage.
163
In
Vemuri Venkateswara Rao v. State of Andhra Pradesh, (1992),
164
gifting of land
demanded by the grooms family was also said to constitute dowry.
The practice of demanding dowry prior to marriage gave the brides family a chance to
report the matter to the police. Thereafter action was taken by the police and the members
of the grooms family were given a warning by the police.
165
Thereafter the demanding
dowry, at the time of the marriage ceremonies was in vogue. For instance when the
marriage ceremony is half way to completion, demands of dowry are made by the
grooms family. The non payment of dowry is threatened by abandoning the marriage
ceremony halfway by the grooms family. Fearing the consequences of societal shame,
the brides father is compelled to comply with such illegitimate demands.
166
A similar
incident occurred in the case of L.V. Jadhav v. Shankar Rao (1983), where the demand

161
Vindhya, Dowry Deaths, in Andhra Pradesh, India: Response of the Criminal Justice System, (2006) ,
Vol. 6, Violence Against Women, pp. 1085 to 1108, at 1090.
162
Section 3 of the Dowry Prohibition Act, 1961. Rupees 15,000 can approximately be 182.50, converted
on 19.08.2007, see http://coinmill.com/GBP_INR.html#INR=15000.
163
Rajeev v. Ram Kishan Jaiswal, 1994 Cri L.J. NOC 255 (All).
164
Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC.
165
Vindhya supra, n. 161, at pg. 1098.
166
Rani Jethmalani, supra n. 18, at pg. 150.
35
was made at the time when marriage ceremony was in progress and was repeated after
the marriage, it was held that it fell within the definition of dowry.
167

But successful convictions in dowry related death cases, persuaded many to resort
to litigation under the Dowry Act. In the case of Madhu Sudan Malhotra v. K.C.
Bhandari (1988), demand for household articles such as refrigerator, furniture, electrical
appliances etc. at the time of the settlement of the marriage amounted to demand of
dowry within the meaning of section 2 of the Dowry Act,1961.
168
The Dowry Act, also
empowered the courts to initiate proceedings upon its own knowledge, i.e. without any
complaint being made.
169
This made the taking and giving of dowry a cognisable
offence.
170
The courts could also do so on the basis of a police report, even if the
aggrieved person lodged no such complaint. This was made so that the courts could
initiate proceedings initiated through a police enquiry. Despite such strict penalties and
successful convictions, the practice of dowry and dowry related deaths did not seem to
stop. Certain provisions in the IPC were made strict pertaining to dowry related deaths
and cruelty, which formed violence related to dowry.

(ii) The Indian Penal Code, 1860:
The IPC contains two major provisions aimed at curbing dowry related deaths and
dowry related violence. The IPC is the most comprehensive penal code in India as it
defines all the offences and the punishments accruing thereon.
171
Section 498-A was

167
L.V. Jadhav v. Shankar Rao, (1983) 2 Crimes 470.
168
Madhu Sudan Malhotra v. K.C. Bhandari; 1988 BLJR 360 (SC).
169
The amendments made to the Dowry Prohibition Act, 1961, made in 1984 and 1986.
170
A cognisable offence is an offence classified under the Criminal Procedure Code, 1973. This comprises
of a list of offences, which can be enquired by empowering the police with authority to investigate.
171
M. Srinivas, (1978), supra n. 23, at 44
36
introduced in 1983 and formed a major anti- cruelty provision of the IPC.
172
Another
important insertion was that of section 304 B which mainly covered dowry deaths. Each
provision will be considered in turn.

Section 498 A of the I ndian Penal Code 1860
There were many instances of cruel treatment by husbands on their wives for
being unable to provide the demanded dowry. This in turn led to dowry related deaths. In
order to prevent the after math of dowry related violence i.e. dowry-death, the IPC aimed
at detecting and punishing cruel treatment. This provision mainly covers cruelty to
women by the husband and his family after marriage. This section defines cruelty as:
a) any wilful conduct which is of a nature as is likely to drive the woman to
commit suicide or to cause grave injury or danger to her life, limb, or health
(whether physical or mental) 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.
173

This section is used for cruelty to women regarding any atrocity after marriage;
most cases are those of cruelty to women for non payment of desired or excess dowry.
174

Those convicted under this section are punishable with imprisonment for a term which
may extend to three years and shall also be liable to a fine
175
. Since instances of cruelty
varied from case to case, the courts interpret crueltyas per the facts of each case. In

172
M. Kishwar, supra n. 134, at 13.
173
Section 498 A of the Indian Penal Code, 1860
174
S. Goonesekere, (2003), supra n. 99, at 140
175
Section 489 A of the Indian Penal Code.
37
State of West Bengal v. Orilal Jaiswal, (1994)
176
the abuses of a mother-in-law led to the
suicide by a newly wed daughter-in-law. Allegations such as being unlucky made on the
daughter-in-law for having an abortion amounted to cruelty. The husband also assaulted
her on various occasions because of the inferior quality of bridal presents brought by her.
These actions fell within the ambit of cruelty as defined in section 498-A of Indian Penal
Code. The court held that these acts instigated her suicide. The husband and his family
members were charged with the abetment of suicide. This case was a landmark to many
other cases of cruelty to women. The procedure was also simplified to encourage the
victims to file their complaints.
177
Procedural requirements like the filing of the First
Information Report (FIR)
178
could be done by victims or their relatives. This was useful
in instances where the daughter-in-law was afraid to confront the police
179
. In Vimla Devi
v. State of Uttar Pradesh (2006), it was held that beating by family members that
rendered the victim unconscious was cruelty under section 498-A.
180
However even with
these anti-cruelty provisions, dowry related deaths could not be prevented.

Section 304B of the I ndian Penal Code 1860
This provision deals with dowry related deaths. Section 304 B states:
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

176
State of West Bengal v. Orilal Jaiswal, 1994 Cri. LJ 2104 SC
177
R. Bhattacharya: Behind Closed Doors: Domestic Violence in India (2004), Sage Publications, India, at
35.
178
In India, an FIR, is a written document prepared by the police when they receive information about the
commission of a cognisable offence. All the provisions regarding the FIR are governed under section 157
of the Code of Criminal Procedure, 1973.
179
R. Bhattacharya: Behind Closed Doors: Domestic Violence in India (2004), Sage Publications, India.
at 37.
180
Vimla Devi v. State of Uttar Pradesh (2006), Crl. Misc. Application no. 610 of 2006.
38
dowry, such death shall be called "dowry death" and such husband or relatives shall be
deemed to have caused her death.

This section aimed at punishing the perpetrators who killed the woman within
seven years of marriage. The main essence of this section was punishing those who to
killed and abetted the killing of the brides for non payment of dowry. Those convicted
under this section are punishable with imprisonment for a term which shall not be less
than seven years but which may extend to imprisonment for life. In the case of Vemuri
Venkateshwara Rao v. State of Andhra Pradesh (1992),
181
three essential ingredients
were laid down that need to be satisfied in order to be convicted of an offence under
section 304 B. These are (a) That there is a demand of dowry and harassment by the
accused, (b) That the deceased had died, (c) That the death is under unnatural
circumstances. In this case there was demand for dowry and harassment and death within
seven years of marriage. These facts were enough to prove conviction under section 304-
B of IPC.
The case of Vemuri was a landmark case and was subsequently referred to in later
cases. But with the change in facts in each case, another ingredient came to be added for
the case under section 304-B to be established. Immediate death of the woman after
harassment by family members of her husband was the added criterion for proving a case
under section 304-B of IPC.
182
The impact of this ingredient was so strong that in a few
cases, lack of immediacy failed to make an offence under this section. In Arjun Dhondiba
Kamble v. State of Maharashtra, (1995)
183
the suicide of a wife after prolonged

181
Vemuri Venkateshwara Rao v. State of Andhra Pradesh, 1992 Cri. LJ. 563 A.P.
182
M. Kishwar, supra n. 134, at 15
183
Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273.
39
harassment for dowry did not amount to dowry death. But with the addition of this new
ingredient certain procedures were simplified for women. For instance, the burden of
proof in cases under section 304 B has always been on the husband and his relatives.
184

The preliminary investigation would have to be made with the police, they played an
important role in the proceedings.
185
Since these provisions under the Indian Penal Code
required the matter to be reported to the police, the police played an important role too. A
further discussion of this is made in the next part.
For the success of the provisions of the IPC, awareness amongst people especially
the illiterate and the underprivileged was most important. This was mainly because, not
only were most people ignorant of their dowry rights, but most of them were unaware of
dowry being illegal too.
186
Cases like Satya Rani Chadhas case have helped spark the
awareness amongst women all over India.
187
This case has been called a celebrity case
because of the public support Satya Rani Chadha received for filing the case. Satya Rani
Chadha had filed a case after her daughters were set ablaze as a result of non payment of
dowry by their families.
188
She waited for seven years before the verdict of her case was
out and the perpetrators were punished. She succeeded in her case as the grooms family
was convicted for death of the daughter-in-laws due to non payment of dowry. As a result
of this case, section 306 was also amended to include, relatives who abetted the suicide.
Thereafter in 1987, she established the first Indian womens organisation called the,

184
Section 113-B of the Indian Evidence Act, 1872 and section 304-B of the IPC.
185
M. Kishwar, supra n. 134, at 20.
186
R. Bhattacharya, (2004), supra n. 177, at 43.
187
For a detailed citation see R. Jethmalani: supra, n. 18, at 37.
188
R. Jethmalani: supra, n. 18, at 30.
40
Shakti Shalini, meaning the powerful women. This organisation has been motivating
women to eradicate the practice of dowry.
Atrocious incidents continued even after the limited success of the Dowry Act and
the provisions of the IPC. Jethmalani points out the continuation of dowry deaths, with
the death of one Meena Kumari, by her sister in law.
189
Meena Kumaris parents had paid
the demanded dowry but were unable to pay excess dowry demanded. It is alleged that
the inability of parents to meet the demands resulted in the death of their daughter.
190
But
due unreliability on the dying declaration resulted in acquittal of the husbands parents.
As R. Jethmalani states these are the few of the cases which have benefited with the anti-
dowry legislation.
191

(iii) The Constitution of India 1950
The Constitution of India 1950 bears all the important rights which an Indian is
entitled to. The main articles relevant to dowry related deaths are Articles 14 and 21.
Article 14 of the Constitution guarantees equality before law and equal protection of
law.
192
Article 21 guarantees right to life and liberty. It is argued that this practice of
dowry infringes both these constitutional rights of women.
193
Various womens
organisations have filed cases on behalf of the victims of dowry related deaths or
violence. One such case was filed in the Supreme Court of India, challenging the

189
R. Jethmalani: supra, n. 18, at 39.
190
For a detailed citation see R. Jethmalani: supra, n. 20 at 39
191
Rani Jethmalani: supra, n. 18, at 35.
192
Article 14 envisages that all persons shall be treated equal before the law, thereby avoiding any
discrimination. It also states that equal protection of law shall be provided to all persons, regardless of their
age, sex, religion etc.
193
W. Menski, supra n. 13, at 147.
41
infringement of the rights of the victims under the Constitution.
194
In Neelam Verma and
others v. The Union of India (1983) seven dowry victims and two womens organisations
had moved the Supreme Court of India.
195
They challenged the refusal of the police
officers to register their complaints to be unconstitutional. The court held that the action
of the police was an infringement of the constitutional rights of the victims. The court
held that the duty of the police was to help the victims register complaints, denying the
same was a breach of duty. This was a landmark case which helped raise public
consciousness by way of a social litigation.
196
The Supreme Court held that the
infringement of right to life by dowry deaths was an infringement of a fundamental right.
Thereafter, the Supreme Court of India made the implementation of anti-dowry laws
stricter and victim-supportive. Procedural laws were simplified and encouragement to
victims of dowry related violence was emphasised in many cases.
D. Shortcomings of the legal provisions
Despite the legal provisions in place to curb the practice of dowry and dowry
related deaths, there are a number of problems with the laws. These problems are
discussed below in turn.

(i) Flaws in the Dowry Prohibition Act 1961
Madhu Kishwar points out the flaws in the workings of the provisions of the
Dowry Act.
197
She mentions the exemption of voluntary gifts from the legal definition

194
Ibid.
195
For a detailed citation see R. Jethmalani: supra, n. 18 at 43.
196
Ibid.
197
M. Kishwar, supra n. 134, at 23.
42
of dowry still leaves some lacuna in the Dowry Act.
198
The concept of voluntary gifts
has left little room for differentiation from dowry.
199
Soon the demands for dowry were
made under the guise of voluntary gifts, which was not dowry and therefore was legal.
The main drawback of the Dowry Act was its late enactment. Despite of the enactment of
the Dowry Act very few cases were reported until the late 1980s.
200
Thus lack of
awareness regarding the dowry act and litigation, were reasons for the failure of the Act.
Another flaw in the Dowry Act, was, the lack of public co operation, as held in the case
of Satvir Singh v. State of Punjab (2001).
201
It was held in this case that very little has
been done in order to create awareness amongst people, since 1961. Even in 2001 two
main reasons; lack of public awareness and public co-operation to curb dowry, still exist.
This Act also failed owing to the inability of uniform application throughout India. The
lack of a uniform law was responsible for the failure of the Dowry Act. This concept is
discussed in the next chapter. Various other problems like those relating to evidence in
dowry related cases was also responsible for failure of this act.
202
In practice this act has
been so unsuccessful that it has rightly been described as a paper tiger by Menski.
203

The initial definition of dowry was very narrow and for years thereafter its insinuations
by courts have been very narrow. For instance in the case of Madan Lal and Others v.
Amarnath (1985), the Delhi High Court held that time was not necessary for the
conviction of dowry.

198
Voluntary gifts, were excluded under section 2 of the Dowry Act, as to include kanyadaan and
streedhan. Gifts falling under these criterion were excluded from the definition of dowry, thereby rendering
them legal.
199
Madhu Kishwar, Destined to Fail, India Together, Issue 148,
http://www.indiatogether.org/manushi/issue148/domestic.htm
200
W. Menski, supra n.. 13, at 106.
201
Satvir Singh v. State of Punjab (2001) 8 SCC 633, AIR 2001 SC 2828
202
S. Goonesekere, (2003), supra n. 99, at 134.
203
W. Menski, supra n.. 13 at 110.
43
Mostly all cases thereafter applied this definition of dowry. This resulted in
very few cases being reported and gave the grooms family a chance to demand dowry
after few years of marriage. Since this act needed to be used simultaneously with the
provisions of the IPC, its flaws affected the functioning of the Dowry Act.

(ii) Misuse of Section 498A of the Indian Penal Code 1860
The greatest criticism of this section was the misuse by women who wanted to
blackmail their husbands and in-laws. There were instances where women fought for
their rights and eventually had to die for their right of non-payment of dowry. One such
instance of dowry death was the case of Mulak Raj v. State of Haryana (1996).
204
This
case had a two-fold outcome. One on hand there was failure of justice and on the other
there were allegation of law being biased. This was a classic case of a resistance to the
non-payment of dowry, which unfortunately led to the death of the bride. Justice
Majumdar referred to the victim as, the woman who lost her life in the altar of dowry
demands.
205
In this case although the perpetrators were charged, the judge held that the
death of the woman was the result of failure of justice. Here the law was proving fatal in
eliminating dowry or delivering justice to the victims. But as further observed in this case,
it was alleged that the law was too lenient and gender biased.
206
Allegations were made
that the laws were inefficient as they punished the innocent and failed to convict the
guilty.
207
Menski also criticised the laws to be as confused as the perpetrators.
208


204
Mulak Raj v. State of Haryana (1996) AIR (1996) SC 2868, pg. 2869.
205
Supra, pg 2868.
206
Ibid.
207
W. Menski, supra n. 13 at pg. 90.
208
W. Menski, supra n. 13 at 99
44
According to him the perpetrators were confused as one lot of society said that this law is
gender biased and the other lot said this law was unable to render justice to victims.
Despite the comprehensive definition of cruelty under the Indian Penal Code,
many acts of cruelty failed to be included therein. In Daulat Mansingh Aher (1980),
instigation to commit suicide by dowry demands via a letter was not abetment to
suicide.
209
Religious practice was the excuse given by the perpetrators when charged
with committing the offence of dowry demand. Dowry taking and giving thus continued
under the guise of religious practice.
210
Justice Hansaria in the case of State of Himachal
Pradesh v. Nikku Ram (1996) provided probably the most comprehensive explanation of
innocence of religion.
211
He backed his judgment by saying that women are most
respected in Vedas and in the Hindu religion. Therefore such a practice of dowry death is
an insult to Hinduism. But in practice very little heed was paid to the words of Justice
Hansaria. Dowry taking and giving continues even today in the name of religion.
212
In the
case of L. Jadhav v. Shankar Rao Pawar (1983)
213
it was held that gifts given out of love
and affection did not constitute dowry. This was therefore in compliance with the cultural
significance of kanyadaan. This facilitated dowry demands under another name of
tradition i.e. Kanyadaan. Thus as the Dowry Act makes both streedhan and kanyadaan
an exception, it is only assisting continuance of dowry demands.
There were instances where the husband and his family would get away owing to
the flaw in legislation. In cases like Dukhi Ram v. State of Uttar Pradesh, (1993),
214
the

209
Daulat Mansingh Aher (1980) Crim L. J. 1171.
210
W. Menski, supra n. 13, at pg. 97
211
State of Himachal Pradesh v. Nikku Ram (1996) AIR 1996 SC 67.
212
M. Kishwar, supra n. 3, at 33
213
L. Jadhav v. Shankar Rao Pawar (1983) AIR (1983) SC 1219.
214
Dukhi Ram v. State of Uttar Pradesh, 1993 Cri. LJ 2539 (All).
45
relatives were successful in not being convicted under this section. In this case the co-
villagers burnt the newly wed daughter-in-law for bringing insufficient dowry. The words
of this section clearly contemplate the husband and the relatives. Since in this case the co
villagers committed the act, the husband and the relatives went unpunished.
The dowry laws give the police wider powers. This forms another flaw in the
failure of provisions under the IPC. For instance at the time of filing the complaint, often
the police try to mediate and solve the issue of dowry-violence themselves. The police
advice in the matter is either the parties reconcile or that they resolve the matter in the
private.
215
Thus rather than aiding the victims, the police try to solve matters their way.
Since the initiation of the dowry death cases begins with police investigation, the police
play a vital role, in recording the initial reports. But in instances as mentioned above, it
results in under-reporting or no report at all.
The wordings of section 498-A of the IPC, convict the relatives as alleged by the
victims, often innocent people are wrongly convicted. In S. Gopal Reddy v. State of
Andhra Pradesh (1996)
216
an entire family was convicted under the Dowry Act and the
IPC provisions. Due to non-participation of one of the accused, i.e. younger brother of
main accused, he appealed his conviction. But the same was denied on the basis of an
unsuccessful appeal by his elder brother. This formed an instance of the biggest flaw of
the anti-dowry provisions.
There are many instances where the provisions of section 498A of the Indian
Penal Code are misused by women. Allegedly there are more cases of emotional

215
Ibid.
216
S. Gopal Reddy v. State of Andhra Pradesh, (1996), AIR (1996) SC 2184.
46
blackmail reported in 2005-2006 than real cases by victims.
217
This provision has also
been called legal-terrorism. For instance the case that drew most media and public
attention, in 2003, was that of Nisha Sharma.
218
Nisha Sharma, a Delhi based computer
student, was to get married to Munish Dalal, but just a day prior to the day of marriage,
the grooms father demanded more dowry. Going against societal norms, Nisha called the
marriage off. This set an example for most of the girls thereby encouraging them to deny
marriage rather than give dowry. However, in due course the other side of the story
emerged. It was also speculated by the media, that Nishas parents had paid the grooms
family the initial dowry. Whilst taking and giving of dowry is punishable in India,
Nishas parents seem to have been pardoned for giving dowry.
219
Amidst all this, no
record showed Sharmas parents being punished for giving dowry. This was therefore a
clear misuse of anti-dowry laws with the help of media speculation.
Other procedural flaws such as the inadmissibility of a dying declaration by a
burnt woman add to the list of reasons for failure of dowry laws. But the inadmissibility
of such evidence has changed from case to case. In Kumbhar Mohanlal v. The State of
Gujarat (1997)
220
the case under went three different decisions by trial court, High Court
and the Supreme Court. The Trial Judge had acquitted the husband stating that no
reliance could be placed on the dying declaration of the wife. The High Court of Gujarat
however reversed the order of acquittal and stipulated that the dying declaration could be
relied upon. This was upheld by the Supreme Court and consequently the husband was

217
See http://mynation.wordpress.com/2007/04/29/misuse-of-section-498-a-of-ipc-lok-sabha-unstarred-
question/.
218
S. Majid, Guts in the Time of Dowry, 1
st
June, 2003, available at
http://www.boloji.com/wfs/wfs179.htm, last visited on 16
th
August, 2007.
219
Section 2 of the Dowry Prohibition Act, 1961.
220
Kumbhar Mohanlal v. The State of Gujarat (1997) AIR 1997 SC 1531.
47
sentenced to life imprisonment. Differing judgements resulted in wrong precedents being
taken by lower courts.
221
In Baldev Krishan v. State of Haryana (1997)
222
the trial court
and the High Court considered the family demeanour and their ill-treatment to the bride.
The taunts from the relatives and past ill-treatments were also taken into consideration
during conviction. In Sham Lal v. State of Haryana (1997)
223
, ill-treatment was not
enough to convict the relatives. Failure by the police to record the complaints of victims
regarding ill-treatment of the relatives led to their acquittal. Thus as Menski mentions,
neither the police nor the lower judiciary take much notice of the need for vigilance and
activism in this area.
224

In 2004, a total of 1,34,757 men were arrested. Out of these 58,319 were
registered cases of dowry. Only 47,828 cases had reached the chargesheet stage.
225

Almost 10,491dowry cases were not chargesheeted as they were based on frivolous
grounds.
226
The anti dowry laws are also used to create public shame for the husband and
his relatives.
227
It can be concluded that growing awareness, results in more misuse than
use of dowry laws.
The personal laws in India have always been the hurdle for legislation. Even the
practices like dowry in India differ from one state to another. The concept of dowry
related death is resolved differently in each state in India sometimes also differing on the

221
M. Kishwar, supra n. 134, at 35
222
Baldev Krishan v. State of Haryana (1997) AIR 1997 SC 1666.
223
Sham Lal v. State of Haryana (1997) AIR 1997 SC 1873.
224
W. Menski, supra n. 13, at. 148.
225
The stage of chargesheet under the Criminal Procedure Code, 1973, is when the charges have been
levied on the accused after interrogation by the police. This is in formal writing, which is used at the trial
stage and further.
226
A survey carried out by the CNN IBN network, in India, http://www.ibnlive.com/news/tortured-hubbies-
victims-of-498a/27446-3.html.
227
Supra n 244.
48
basis of difference in practice. The possibility of a uniform legislation is the only solution
to continuing problems like dowry. The Uniform Civil Code (hereinafter the UCC) is the
only common solution for the entire nation. According to H. M. Seervai, miscarriage of
justice in many cases is due to the absence of the UCC.
228
Landmark cases like
Mohammed Ahmed Khan v. Shah Bano Begum and others, (1985)
229
emphasised the need
for a UCC. The need for a UCC is still felt today as observed in the recent case of John
Vallamattom v. Union of India (2003).
230
A UCC can thus remove differences arising out
of personal or state laws, which govern the concept of dowry, which inter-alia affects
dowry-related deaths.

E. International Human Rights Approach in the matter of dowry
Dowry related deaths are a form of gender based violence and are the basis of
human rights violations equal to honour killings.
231
The United Nations recognises dowry
related deaths as gender based violence in India, as a political responsibility. India has
international obligations to many International Organisation for many purposes such as
murder, womens rights etc. To name a few India is a party to the International Covenant
of the Civil and Political Rights (the ICCPR), the Convention of Elimination of all Forms
of Discrimination Against Women (hereinafter the CEDAW), the Convention for the

228
H. M. Seervai: Constitution of India, 1950, (1988), Tripathi Publishing, Mumbai, India.
229
Mohammed Ahmed Khan v. Shah Bano Begum and others, A.I.R. 1985 S.C. 945
230
John Vallamattom v. Union of India AIR 2003 SC 2902
231
Women Commentary, Harmful Traditions, available at http://www.unicef.org/, last visited 16
th
August,
2007.
49
Rights of the Child (the CRC). For the current topic of dowry related deaths the CEDAW
codifies the rights of women.
232


(i) Convention of Elimination of all Forms of Discrimination Against Women
(CEDAW)
Adopted in 1979 by the United Nations General Assembly, CEDAW is often
described as an international bill of rights for women.
233
With regards to dowry, CEDAW
imposes upon State Parties an obligation to combat discriminatory practices. Article 2 (b)
enjoins the State to take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices which constitute discrimination
against women. Moreover, article 14 emphasises the elimination of discrimination faced
by rural women. Furthermore article 15 (2) requires State Parties to ensure gender
equality. CEDAW suggests that legislation-oriented remedies are most efficient in
combating violence and discrimination against women. Thus the best mode of application
of these rules is by way of domestic legislation. By operation of article 2 (f) and related
articles of CEDAW, the State Party is obligated to take appropriate measures including
legislation and modification of the law to abolish gender-based discrimination in existing
laws, customs and practices. CEDAW thus suggests that dowry death matters can be
curbed by using a positivist approach towards the problem.
234

But as specified by Jethmalani, even the efforts of the CEDAW come to an end,
which have to be continued by domestic legislation. The domestic legislation in India viz

232
The Convention of Elimination of all Forms of Discrimination Against Women, G. A. Res. No. 34/180,
U.N. GAOR, Supp. No. 46 at 193, U.N. Doc. A/34/46, 1979, available at
http://www.un.org/womenwatch/daw/cedaw/ (last visited 26
th
August, 2007)
233
Ibid.
234
Ibid.
50
the Dowry Prohibition Act and various other provisions seemed to have failed. Thus as
Jethmalani stipulates, the CEDAW, even an international approach fails to eliminate the
system of dowry.
235


(ii) International Conferences on Dowry & Bride Burning:
The First International Conference on Dowry & Bride Burning was held in 1995
at Harvard University and two others held at Harvard University and London
University.
236
Key issues, relating to dowry, prompt action that could be taken to curb
dowry related deaths and violence were raised. Moreover, dowry was considered as a
form of domestic violence.
The first conference focussed mainly on the history of dowry and the
justifications for the practice.
237
Thus it was concluded that more forms of reform need to
be implemented in the field of dowry awareness. Another valuable suggestion made was
that dowry had no religious origin and that it was a man-made practice. The second
conference focused mainly on the reasons for the persistence of dowry and the legal
mechanisms in India. The working and the failures of the legislations were examined. It
was concluded that reformation in dowry awareness and change in legislation are the
only possible solutions to the problem of dowry related deaths. Menski also points out
that one-sided blaming of male extortion was not sufficient to prove the persistence.
238

Thus in the area of awareness, equal participation of men and women is required. To
create social awareness and rural education were the prime targets of these conferences.

235
Rani Jethmalani: supra, n. 18 at 103.
236
Werner Menski, supra n. 13 at 8.
237
Ibid.
238
Werner Menski, supra n. 13, at 11.
51
Non-governmental organisation and womens social groups were the teaching tools
responsible for educating the women of their rights. To spread awareness relating to
dowry evils, media should be more extensively used.

F. Influence of the Media
The media plays an important role in Indian culture and daily life. Media can also
be used for creating awareness, reaching those people, who are unaware of their rights.
Within the media, the initiation of anti dowry awareness began with the famous Indian
movie called Dahej(1950) by a renowned Indian filmmaker, V. Shantaram. Set in the
1950s, this movie depicted the concept of sensible men not accepting dowry. This movie
had a social impact and a sense of awareness for people of all classes. Since the audience
comprised of all castes and classes, this movie spread the word for curbing dowry to
almost all Indians. The word of anti-dowry from this movie Dahej was spread all over
India by means of radio and television.
239
But although efforts were being made to utilise
the positive effects of this movie, there were differences. As S. Chatterji comments,
torture and humiliation seemed to send the wife into greater ecstasies of martyrdom,
even if it led to her death.
240
Thus although such a movie centralised the martyrdom of
the heroine, it just presented an example to the audience. The anti-dowry awareness was
also spread through famous Indian comic called, Bahadur, meaning the brave.
241

Thereafter many other movies like Dulha Bikta Hai (1982), Yeh Aag Kab Bujhegi (1991),

239
V. Talwar. "Dowry Murders in India: A Preliminary Examination of the historical evidence," In
Meredeth Turshen and Briavel Holcomb, eds. Women's Lives and Public Policy: the International
Experience. Westport, CT.: Praeger, (1993).
240
S. Chatterji: Subject: Cinema, Object: Woman A Study of the Portrayal of Woman in Indian Cinema.
(1998), Parumita Publications, India, pg. 108.
241
Bahadur was the quintessential Indian comic book hero, and the Indrajal comics, of the fame of
Phantom, Mandrake, Bahadur, Flash Gordon.
52
Damini (1993), and Lajja (2001), strongly criticised the practise of dowry. All these
movies depicted a picture of revolutionary Indian woman as opposed to the shy and
downtrodden housewife. Most movies like Yeh Aag Kab Bujhegi (1991), also showed
justice being done to the victims family who suffered dowry death or dowry violence.
This confirmed the faith of Indian audience in both judiciary and legal system.
The practical version of the phrase, Justice Delayed, is Justice Denied, can be
seen from Indian courts.
242
The legal system in India usually takes longer than that of
any other legal system of other countries. Thus the continual of the practice of dowry and
consequential dowry related violence and deaths in particular are most definitely partly
due to the shortcomings of the legal system. Another factor is the societal acceptance (in
some parts of India) of such practices. These issues are discussed further in the next
chapter.











242
M. Kishwar, (2005), supra n. 134, at 38.
53
CHAPTER III: WHY DOES THE PRACTICE STILL
PERSIST TODAY?

The continuance of the practice of dowry even today is an undisputed fact. As
touched upon in the previous chapter there appear to be two main reasons for the
persistence of dowry; the short comings of the legal provisions and the cultural
acceptance of dowry and the failure of legal provisions in India. Linked to cultural
acceptance is the economic expectations of a family which also influence the continuance
of this practice. Moreover the inferior position of women in Indian society also contribute
to their subjection to various forms of gender based violence such as dowry deaths.
Moreover according to Jethmalani,
evidence reasserts that the problems of dowry death, bride burning, and other
forms of dowry-related violence on women is a Hindu phenomenon that is now almost
out-of-control due to the following reasons: (1) retention of the caste system, (2)
undermining of the woman by the religious orthodox and social patriarch making herself
and her family vulnerable to socioeconomic pressure and extortion, (3) ever-increasing
greed of the bridegroom and his family, (4) an economically strangled hyper populated
society non-supportive of unmarried women, and (5) a morally depraved political system
run by the pro-status quo conservatives.
243


A. Dowry related deaths and the society
In Indian societies the concept of dowry differs geographically too. India is a
country with a diverse population. Whilst most of the cities in India are modernised, few
rural areas still remain with the sting of backwardness.
244
As Bloch and Rao mention it is
the prime duty of Indian parents to get their daughter married or to risk an unmarried over

243
R. Jethmalani: (1995), supra n. 18, at 50.
244
Bloch & Rao, (2002), supra n. 76, at 1030.
54
aged daughter. In either circumstance incurring an economic expenditure sooner or later,
would be unavoidable. Leaving no room even for the thought of divorce in case of
unsuitable circumstances rightly makes the bride, a hostage.
245
Non-compliance with
demands of the grooms family could result in the death on the bride. This would mostly
be by way of a kitchen fire. This soon became the concept of dowry death for Indian
societies in the late 1980s. It is not denied that this concept of society still persists. The
death due to dowry has been given least importance by society as alleged by R. Dube.
246

This inaction on behalf of society encourages people to demand dowry and ill-treat
women, who do not suffice this demand.

B. Reasons contributing to the persistence of dowry and dowry related
deaths
There are a number of reasons why women are exploited for such gender based
violence. It is the societal acceptance that has kept the tradition of dowry alive. The
prolonged practice by the society in some form or the other has resulted in this form of
gendered violence.
247
As seen in Chapter I, religion and culture plays a vital role in
determining the status of women in society.
248


(i) Role of Religion:
Most perpetrators practice dowry under the guise of religion, in order to legitimise
their actions. Despite of the fact that the practice is not sanctioned by religion, but has

245
Bloch & Rao, supra n. 76, at pg. 1031.
246
R. Dube: Female Infanticide in India: A Feminist Cultural History, (2005), Suny Press Publishing, India,
at pg. 30
247
M. Srinivas, (1984), supra n. 47, at 78.
248
M. Srinivas, (1984), supra n. 47, at 100.
55
been conveniently used over the period of years, in the name of kanyadaan.
249
Religious
views regarding caste system in India have always been very strict. Therefore in Vedic
times, when the system of hypergamy prevailed, the practice of dowry was more
corrupted.
250
The other role religion plays is the portrayal of women in the familial
ideology. As B. Sitaraman rightly stipulates, a married woman is expected to identify
with her husbands family.
251
She has no identity of her own. Women are also regarded
as the keepers of familial sanctity and harmony, acting under the advice of the males.
Women, even today are also expected to be within the specified, gender roles. Women
are expected to be good mothers who are stoic and self-sacrificing. As wives they are
expected to be chaste and obedient. A seemingly exaggerated statement by B. Sitaraman,
is true to depicting the past and also paints the present picture.
252
These reasons are also
responsible for the status of women, rendering more importance to the male child.

(ii) Importance of a male child
In India the importance of a male child exists since a long time. There are many
cultural reasons for the same. For instance the Vedas suggest that for the attainment of
solace on the death of either of the parents, the pyre should be lit by a son.
253
Another
reason for the preference of a male child was escaping the payment of kanyadaan. In the
instance of a boy child, the grooms family would receive the kanyadaan payment. Thus
the economic greed for receiving kanyadaan which became dowry exists since long.

249
W. Menski, (1998), supra n. 13, at 88.
250
M. Srinivas, (1978), supra n.23, pg. 230.
251
B. Sitaraman, Law as Ideology: Women, Courts and Dowry related Deaths in India, (1999), 27,
International Journal of the Sociology of Law, pp. 287-316, pg. 294.
252
B. Sitaraman, (1999), supra n. 257, at pg. 301.
253
Rig Veda verse X, para. 18.
56
But the position of the female child did not change. In order to escape the
payment of the same, many girls were subjected to being mutilated on birth. Girls were
always considered a burden and an expenditure for the family. This resulted in a series of
horrific crimes of female infanticide and foeticide. As R. Dube writes, with the increase
in technology, the same was used in the late 1980s to achieve the desired sex of the
foetus.
254
Most of the doctors in India believe two million foetuses are killed every year
through abortion, simply because they are female.
255
The girl is always given the least
importance in her life and the rarest of comforts in life. Thus for instance in a family of
with a daughter and a son, the son would be looked after by the family. The largest and
the best share in the familys meal went to the son and the daughter received the
leftovers.
256
Education is another commodity that the daughter would be debarred from.
The expenditure on the sons education was never considered futile as there was a vested
interest of the repayment of the expenditure on the son via dowry from his wife.
257

Another reason for not incurring any expenditure on the education of the daughter, was
because she has to go to another home, therefore the parents would not benefit.
258
This
explanation was legitimised because the daughter was not allowed to work after marriage.
This social stigma prevailed throughout the country and the daughters never resisted this
concept.

254
R. Dube: Female Infanticide in India: A Feminist Cultural History, (2005), Suny Press Publishing, India,
at pg. 10.
255
Should India do more to stop female foeticide?, BBC report, India, 26
th
January, 2001, found at
http://news.bbc.co.uk/1/hi/talking_point/debates/south_asian/1125677.stm.
256
R. Dube, (2005), supra n. 254, at pg. 11.
257
R. Dube, (2005), supra n. 254, at pg. 13.
258
N. Bhuguna, Disparities in Inequality, (March 2003), India Together, found at
http://www.indiatogether.org/2003/mar/wom-states.htm
57
Even today these methods of sex determination or more comfortably the sex
alteration techniques are used in India, to get the desires sex of the child, inter-alia a male
child.
259
The undesirability of a girl child renders the status of the Indian women inferior.

(iii) Inferior position of women:
The position of women in India is largely responsible for the continuance of this
practice. Although the present scenario of women in India seems to conflict this argument,
the same exists, especially in the rural parts of India. The major cities where the practice
of dowry largely exists are Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh.
260
A
study shows maximum amount of illiteracy recorded herein. This may seem to contrast
the view that the maximum number of Indian Administrative Service officers come from
these states.
261
Despite the rising number of Multinational Corporations in India, many
rural areas of these states, record least awareness amongst women regarding their rights.
Statistics reveal that illiteracy among women is high, in some rural areas up to 63
percent.
262
With lack of awareness and in absence of illiteracy women here are at the
highest risk of exploitation. Thus when a newly wed bride, does not bring the expected
dowry, she and her family are prepared for the consequences. The only solution to the
people in these states to such a problem is the payment of dowry than resistance. In many
parts of Uttar Pradesh, marriage is thus a transaction where a wife can be bought and
sold.
263


259
R. Dube, (2005), supra n. 254, at pg. 9
260
N. Bhuguna, Disparities in Inequality, (March 2003), India Together, found at
http://www.indiatogether.org/2003/mar/wom-states.htm.
261
Ibid.
262
N. Bhaguna, Supra n. 260.
263
Ibid.
58

(iv) Patriarchal Society:
The main problems begin with this huge difference in status between men and
women. The roles they play in society to a great extent decide who makes the rules.
According to Papanek, a continuance sense of insecurity needs to be built around the
woman to keep the household working.
264
He terms the appropriate task for women as,
family status production work, which is supporting the male members by way of house
caring chores. Ironically as pointed out by H. Ghosh, it is the men who decide what
chores the housewives would be doing.
265
Ghosh in her article vividly mentions that the
very creation of women is done by men, in a manner appropriate to them. She further
insists that men have only regarded women like Sati-Savitri
266
in Hindu Mythology. It is
this patriarchy that encapsulates the reasons for gendered crimes like dowry to be
accepted by society.
267
It is the constant fear that also helps men to dominate women.
This fear which a woman possesses constitutes one of the main reasons why the matter of
dowry related violence is under reported.
268
A woman fears that the reporting of such
matters would only render her homeless. Facing the consequences of being homeless and
honour less, is beyond imagination for any woman, in this patriarchal society.



264
H. Papanek, Class and Gender in education-employment linkages, (August 1985), Comparative
Education Review, pp.317-346, pg. 318
265
H. Ghosh, (2004), supra n. 103, at 95.
266
Sati was the goddess after whom the famous practice of sati (widow immolation) has been named.
Savitri was also a respected mythological figure, who fought with the god of death, to retain her husbands
soul. Both these women are highly respected in Hindu Mythology for their chastity and purity. It is also
said that it was the devotion to their husbands that earned them the respect in myths.
267
H. Ghosh, (2004), supra n. 103, at 97
268
Ibid.
59

(v) Marriage as a financial transaction:
As speculated by many authors, marriage is indeed a transaction, where the bride
is bought mostly the price, the husband is worth.
269
Thus more the qualification of the
groom, the higher is the dowry demand. As Menski comments this is largely due to the
inferior status of women. This transaction of marriage gives rise to a socio-religious
expectation which becomes a compulsion once the daughter is married.
270
The grooms
family assume they are superior to the brides family and expect the marriage to yield
utilities. This utility is characterised by demanding dowry, which they consider righteous.
The lack of education expenditure for the daughter constantly attracts a qualified groom.
The underlying principle of this transaction was that the bride was less qualified than the
groom. With the change in time and the societal perspectives, many fathers educated their
daughters in order to match the intellect of their prospective husbands. But this too did
not condone the giving of dowry to the groom. There was a negative side of this effort
too. This period of waiting for the right groom delayed the marriage of such daughters.
Such parents were unable to find a suitable match and were left with over-aged daughters.
The suitable age for marriage of a girl is between the age of eighteen to twenty-two.
271

This gestation period results in compromising over an unsuitable groom. Even today
most cases of such waiting for a suitable match results in a compromised marriage. Such
compromised marriage result in societal shame and embarrassment.
272


269
W. Menski, supra n. 13, at 89.
270
W. Menski, (1998), supra , 13, at pg. 78
271
W. Menski, (1998), supra , 13, at pg. 80
272
Vindhya, (2006), supra n. 161, at 1095.
60
In the words of V. Oldenburg explains the need of dowry and the economic
expectations:
The will to obtain large dowries from the family of daughters-in-law, to demand
more in cash, gold and other liquid assets, becomes vivid after leafing through pages of
official reports that dutifully record the effects of indebtedness, foreclosures, barren plots
and cattle dying for lack of fodder. The voluntary aspect of dowry, its meaning as a mark
of love for the daughter, gradually evaporates. Dowry becomes dreaded payments on
demand that accompany and follow the marriage of a daughter.
273

The craze of Non-Resident Indians (N.R.I.s) grooms living anywhere in the world,
for Indian parents is undying. As one critic, Annuppa Caleekal, commented on the rising
levels of dowry, particularly during the last decade is due to social stigma.
As R. Barot rightly mentions that the practice of hypergamy, has been revived
from the Vedic times and amended, wherein the Brahmins have been substituted for NRIs.
Thus an NRI son would be a minting machine for his family. The craze of getting a
daughter married abroad makes her parents so desperate that they succumb to any
dowry demand. But as Barot mentions, it is the cultural practice that does not change the
mindset of Indians living in a country like United Kingdom.
274
He mentions one
particular caste, being the Guajarati, who still practice hypergamy even amongst
themselves. Thus when a daughter from a lower caste is married to a groom of a higher
caste, dowry is given in the name of, pehramani
275
. These items are displayed to the
community and are a status symbol to both the families. For most Guajarati families
settled in United Kingdom a lavish marriage is also a part of the dowry demand. This is

273
V. Talwar, (1993), supra n. 239, at 35.
274
W. Menski, supra , 13, at pg. 169
275
Pehramani, is a tradition amongst the Gujarati caste in India, which is a set of gifts given by the father
to the bride and the groom at the time of the marriage. These gifts usually are expensive an entire trousseau
for the bride and the groom including jewellery. This usually includes jewellery and clothing for the
grooms family.
61
mutual as a show of ones assets and capability is also the desire of the brides family. The
most obvious gift in case of a hypergamous marriage is a house from the father of the
bride. This is where culture plays an important role. Just as in the case of economic
desires from the brides family in India, a similar social stigma exists amongst the Indians
residing in an advanced country like United Kingdom. Thus it may be rightly concluded
that culture has the biggest contribution in the persistence of this gender based violence.

(vi) Economic and Material Desires:
M. Kishwar rightly calls dowry, legal extortion.
276
All the matters become
convenient for the grooms family under the guise of tradition. Therefore there is no
actual extortion and all this happens in the name of culture. But the real motive behind all
this lies in the economic desires, which seems most appropriate by a simple demand of
dowry. The economic study of barren land in the rural areas and the loss of revenue for
farmers reveal the need for dowry.
277
This is the most popular reason given for the
persistence of dowry. But with the growth of industrialisation and urbanisation, the
demands did not stop; instead the dowry demands got amended. As Madhu Kishwar
concludes, this is therefore one of the excuses given for legalising their demand for
dowry.
278


(vii) Weak Regulations, Application of laws
As seen in the preceding chapter, weak legislation is also one of the reasons for
the persistence of dowry practice. As Manushi points out, the Himalayan blunder

276
P. Nair, (1978), supra n. 34 at 30
277
V. Talwar, (1993), supra n. 239, at 40.
278
P. Nair, (1978), supra n. 36 at 35.
62
committed by the Dowry Prohibition Act, was the legalising of gifts. Thus although
dowry was made illegal, per se, the same demands could be made in the name of
gifts.
279
This mistake is unavoidable as it clashes with the religious practices. It is this
unavoidable mistake that needs amendment with the help of social reformation. There are
two main reasons why the legislation seems to have failed. Firstly, the police in India
register complaints from the dowry victims, which forms the preliminary ground for
litigation. But owing to the widespread corruption in the Indian police, it is at this stage
that the complaints fail to reach the courts. The second reason is the corruption of the
judiciary, due to which the victims lose hope for justice.
280

The Dowry Prohibition Act was more of a failure than serving the purpose it had
been created for. As B. Sen mentions that the amendments in the definition of dowry
have added to the confusion in the courts and facilitated the continuation of dowry
practice.
281
As result of which the statistics display figures which are lesser than those in
reality.
282
Sen further mentions that the Act was passed at a premature stage, because the
concept of dowry was a result of a social environment; and women considered dowry as a
family gift for their own benefit.
283
Thus poor legislation has the largest contribution to
the failure of curbing the practice of dowry.

(viii) Access to justice:
In most instances women are debarred from access to justice owing to illiteracy or
rural conditions. Almost 63% of women in India are uneducated and therefore are not

279
M. Kishwar, (2005), supra n. 134, at 14.
280
W. Menski, (1998) supra , 13, at pg. 91
281
W. Menski, (1998) supra , 13, at pg. 93
282
Vindhya, (2006), supra n. 161, at 1097.
283
W. Menski, (1998) supra, 13, at pg. 95.
63
aware of their rights.
284
Women in these areas who are victims of dowry violence are
denied any legal advice or legal aid. The stigma attached to the concept of making the
issue of dowry known to public was also against ones honour.
285
This leaves victims of
dowry violence with no option to restore justice. Going to courts and police stations to
register a complaint against ones in-laws was an alien concept for women residing in
rural areas. This concept of not exposing ones in-laws in public is not limited only to the
rural areas, even women living in modern cities refrain from going public with their issue.
In most cases women are advised by their own parents not to register complaints. They
are mostly advised to re-conciliate with her in-laws or is emotionally blackmailed.
286
In
certain circumstances since the perpetrators were women (mother-in-laws, sister-in-laws),
the law tends to be more biased to them.
287
This almost pardons the perpetrators by ruling
out that, one woman cannot harm another woman with an intention to kill.
288

It is therefore most important to resort to other means like Womens organisation
and using the help of International Organisation, to curb this cruel practice of dowry
death. Another important thing is the educating of women of their own rights and making
free legal aid available to women in rural communities. In the event of failure of all the
above mechanisms, it is important to implement certain alternative mechanisms.





284
N. Bhaguna, Supra n. 260.
285
W. Menski, (1998) supra , 13, at pg.173.
286
Madhu Kishwar, Destined to Fail, (15
th
July, 2007), India Together, Issue 148.
287
Huma Ahmed-Ghosh, supra n. 103, at pg. 100.
288
Ibid.
64


CONCLUSIONS AND RECOMMENDATIONS

A. Conclusions

Despite domestic legislation banning the practice of dowry and dowry related
violence, dowry deaths are still a frequent occurrence in India even today. Every day
women die as a result of bride burning or other forms of dowry related violence.
289

Moreover, as a result of the existence of the practice of dowry, female infanticide is also
a widespread phenomenon in India; as evidenced by the thousands of female babies that
go missing every year.
290

In this dissertation the historical and cultural roots of dowry in India have been
discussed. What is evident is that the concept of dowry within the Hindu culture seems to
stem from the religious practice of kanyadaan, performed as part of the Hindu marriage
ritual. As explained in Chapter 1, around 1500BC the concept of kanyadaan changed
when the Brahmin priests were regarded as the highest clan in Hindu culture. The
Brahmins looked down upon the voluntary practice of kanyadaan as the word daan,
which meant donating affected their superiority.
291
This resulted in the change in
practice, the evil of which still exists in the form of dowry. Consequently, the practice
was termed as dahej which means bride-price or dowry.
292

With the change in practice, now being called dowry, the fads of dowry demands
changed with the change in economic times. Thus dowry constitution began initially by

289
M. Kishwar, (2005) supra n. 134, at 3
290
Rani Jethmalani: supra n. 18 at 46.
291
Altekar: (1991), supra n. 48 at 100.
292
Ibid.
65
giving cows and other form of cattle, which changed to flat and cars.
293
Thus the
demands have changed but the practice of dowry demand still persists. Owing to the male
superiority, inability to meet the dowry demand, results in the death of the bride. These
deaths came to surface in the late 1950s. This phenomenon commonly came to be known
as dowry-related deaths or bride burning.
To curb this phenomenon, legislation was enacted, by way of the Dowry
Prohibition Act, 1961. Various other provisions were also added in the IPC and the CrPC.
These provisions make the taking and giving of dowry an offence, punishable by not
more than 5 years imprisonment and fine of Rupees 15000.
294
As stipulated by Madhu
Kishwar, the fine of Rupees 15,000, and the possibility of anticipatory bail in dowry-
death matters need to be amended.
295
The provisions of the IPC are also subjected to
various evidential formalities, which work more in the favour of the defendants.
296
With
such flaws in the regulations of dowry, regulation is said to be one of the reasons for the
persistence of dowry.
Another reason besides poor regulation, for the persistence of dowry, is the social
stigma attached to the non-payment of dowry. It is assumed by society that the parents of
the bride ought to comply with the dowry demand of the grooms family. This is largely
due to the preference of a male child. As M. Kishwar writes, that in the present century,
though not statistically proven, parents confess of being taken care by their daughter
better than the son.
297
She further contemplates the guilt of not treating the girl equally to

293
W. Menski, (1998), supra n. 13, at 40.
294
Rupees 15,000 can approximately be 182.50, converted on 19.08.2007, see
http://coinmill.com/GBP_INR.html#INR=15000
295
M. Kishwar, (2005) supra n. 134, at. 40
296
Ibid.
297
M. Kishwar, (2005) supra n. 134 at 14.
66
the boy, restrains them from setting a precedent for others.
298
It is agreed that in any
society, learning from others mistakes, always proves beneficial to the prospective
parents. Thus this gender inequality and preference of a male child, results in the
persistence of dowry related deaths.
Although regulation has been improved from time to time, the same has
failed to suffice the need to curb dowry related deaths.
299
Despite of international
obligation to committees like CEDAW, the instances of dowry related deaths continue.
Since the participation of social stigma in the persistence of dowry is immense, the same
needs to be chamged.
300
Along with regulations being amended, a social awareness needs
to be brought about by way of media and social reforms.

B. Recommendations


Dowry is indeed a form of extortion.
301
The very thinking of people in Indian
society needs reformations. Until personal determination combines with cultural
reformation, an evil practice like dowry cannot be eradicated from society. Gandhi
preferred girls to remain unmarried all their lives than to be humiliated and dishonoured
by marrying men who demanded dowry.
302

In the event of failure of the legislation, both nationally and internationally, a new
approach needs to be taken in this matter. Leniency in the matter of dowry results in
prevalence of dowry related deaths. Stricter laws are the only solution for dowry

298
P. Manchanda, Practical Steps Towards Eliminating Dowry and Bride-Burning in India, (2005),
Volume 13, Tulane Journal of International and Comparative Law, pp. 305 to 332, at 320.
299
P. Manchanda, (2005), supra n. 298, at 310.
300
M. Kishwar, (2005) supra n. 134, at 4
301
M. Kishwar, (2005) supra n. 134, at 4
302
M. Kishwar, (2005) supra n. 134, at 32
67
prohibition. A great way to start would be to create awareness amongst Indian youth. An
aspect which needs a complete eradication is the preference of male child over a female
child. The identity of any civilised nation is by the rights enjoyed by its individuals.
Essentially in these matter the rights of women are extensively abused, infringed and
justice is far from being done. A greater mechanism of awareness, especially amongst the
rural population in India is the greatest helping hand to the eradication of dowry. Owing
to the highest rate of illiteracy in these areas, awareness by media, movies, street plays
are the most effective means of proving a point to the public. Movies made in the past on
the issue of anti-dowry have been proved to be most effective.
303
Other effective means
like the radio should be used to create awareness regarding the anti-social practice of
dowry. The radio is another means to spread the message that the law makes both the
giving and taking of dowry punishable under law.
Another flaw to the issue of dowry is the under-reporting of dowry. Free legal aid
at police station for women especially to victims of dowry-violence, is much needed.
Since the police stations are a taboo on rural areas and going to the police station to
register a police complaint are impossible, other methods need to be implemented. For
instance womens organisations can be endowed with the responsibility to accept
complaints from such victims and file police complaints on their behalf. Works of BJP
and Congress, two leading parties in India have contributed to the social awareness
regarding taking and giving of dowry, calling it a social evil.
304
Although these political
parties have been voicing discomfort regarding dowry, there have been difficulties for

303
S. Chatterji, (1998), supra n. 240, at 108.
304
S. Chatterji, (1998), supra n. 240.
68
their voices to reach the mass. Through all this an effort can be made to ensure the total
eradication of this practice from society.





















69
6.BIBLIOGRAPHY:

BOOKS:

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the Present Day, (1991), Motilal Banasidas Publishers, Delhi, India.
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RELIGIOUS SOURCES:
71
Prabhupada, A.C. Bhaktivedanta Swami, Bhagavad-Gita As It Is, (1991), A.C.
Bhaktivedanta Publishers, India,
The Manusmriti
The Rig Veda
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EDITED WORKS:
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72
V. Oldenburg, "Dowry Murders in India: A Preliminary Examination of the historical
evidence," In Meredeth Turshen and Briavel Holcomb, eds. Women's Lives and
Public Policy: the International Experience. Westport, CT.: Praeger, (1993).

LEGISLATIONS:
The Code of Criminal Procedure, 1973.
The Dowry Prohibition Act, 1961.
The Indian Penal Code, 1860
The Protection of Women from Domestic Violence Act, 2005
The Indian Evidence Act, 1872

JOURNALS:
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73
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74
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666-677.


LEGISLATIONS:
The Indian Penal Code. 1860.
The Pre-Natal Diagnostics Techniques (Regulation And Prevention Of Misuse)
Act, 1994.
The Constitution of India, 1950.

CASES:
Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273.
Baldev Krishan v. State of Haryana (1997) AIR 1997 SC 1666.
Daulat Mansingh Aher (1980) Crim L. J. 1171.
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76
Kumbhar Mohanlal v. The State of Gujarat (1997) AIR 1997 SC 1531.
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Madan Lal and Others v. Amarnath (1985) Cri. L. J. (N.O.C.) 118.
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Satvir Singh v. State of Punjab (2001) 8 SCC 633; AIR 2001 SC 2828
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Vimla Devi v. State of Uttar Pradesh (2006), Crl. Misc. Application no. 610 of 2006.
Zahira Sheikh v. State of Gujarat (2006) (3) SCC 104.

MISCELLANEOUS:

The Laws of Manu, translated by George Buhler http://www.sacred-
texts.com/hin/manu.htm
The Amendments to the Dowry Prohibition Act, 1961, by the National Commission
for Women, New Delhi, India, http://ncw.nic.in/Dowryactamendment.pdf
77
N. Sharma, Dowry Act Misuse quite common, Times News Network, dated 17
th

February, 2003.
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and bride burning end? June 1999, India Together,
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