'Rampant Misuse': Top Court Says Anti-Dowry Laws Remain Ineffective

The eradication of dowry is an urgent constitutional and social necessity, the Supreme Court said on Monday, while flagging that existing laws suffer from both "ineffectiveness" and "misuse", and that the evil practice remains rampant.

Stressing that "concentrated effort" of all was needed to deal with the issue, a bench of Justices Sanjay Karol and N Kotiswar Singh passed several directions, including asking the high courts to ascertain the number of pending cases dealing with sections 304-B and 498-A of IPC -- from the earliest to the latest -- for expeditious disposal.

While Section 304-B of the erstwhile Indian Penal Code deals with dowry death, Section 498-A pertains to the offence of husband or his relatives subjecting a married woman to cruelty.

The bench, which was delivering its verdict in a 24-year-old case of dowry death, directed the Centre and states to consider changes as are necessary to educational curricula across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other.

It said this case represents that dowry is not a feature only amongst Hindus, but it can also be found in other communities professing different faiths and religions.

"While on the one hand, the law suffers from ineffectiveness and so, the malpractice of dowry remains rampant, on the other hand, the provisions of this Act (Dowry Prohibition Act) have also been used to ventilate ulterior motives along with Section 498-A, IPC," it said.

It further said, "This oscillation between ineffectiveness and misuse creates a judicial tension which needs urgent resolution".

The top court's order came on appeals filed by the Uttar Pradesh government challenging the Allahabad High Court's verdict, which acquitted two persons, including a woman, in a 2001 dowry death case.

The top court allowed the appeals and restored their conviction in the case.

However, it refrained from incarcerating the woman convict, considering that she was 94 years old. The bench directed the man to surrender within four weeks to serve the life sentence awarded to him by the trial court.

It said that while in this case, the accused have finally been brought to book, there are many instances where it does not happen.

"Many, who openly seek and give dowry, go scot-free. It has been noted time and again, in various judicial pronouncements, that DPA (Dowry Prohibition Act), 1961 suffers from various difficulties in its implementation," it said.

Passing a slew of directions, the bench said it has to be ensured that the future generations are informed and made aware of the evil practice of dowry and the necessity to eschew it.

"As such, it is directed that states and even the Union government consider changes as are necessary to the educational curricula across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other as is sought to be established by giving and taking of money and or articles at the time of marriage," it said.

The bench said the law provides for the appointment of dowry prohibition officers in states.

It is to be ensured that these officers are duly deputed and given the necessary wherewithal to carry out the duties entrusted to them, the bench said.

It said the contact details of such officers should be disseminated adequately by local authorities, ensuring awareness among citizens.

The top court said that police and judicial officers dealing with such cases should periodically be given training, equipping them to fully appreciate the social and psychological implications that are often at the forefront of these cases.

It said this would also ensure sensitivity of officials towards genuine cases versus those that are frivolous and abusive of the process of law.

"It is not lost on us that the instant case began in 2001 and could only be concluded 24 years later by way of this judgment. It is but obvious that there would be many such similar cases," it said.

"The high courts are requested to take stock of the situation, ascertain the number of cases pending dealing with section 304-B, 498-A from the earliest to the latest for expeditious disposal," the bench said.

The top court asked the district administration, along with the district legal services authorities, to conduct workshops/awareness programmes at regular intervals by engaging and involving civil society groups and dedicated social activists to ensure change at the grassroots level.

Dealing with the appeals, the bench noted that a 20-year-old woman had died simply because her parents did not have the material means and resources to satisfy the wants or greed of her family by matrimony.

"A coloured television, a motorcycle and Rs 15,000 is all she was apparently worth," it noted.

The bench said the evil, unless eradicated, can never be contained, and what originally began as a voluntary gift-giving practice to the daughter upon marriage, for her own use and financial independence, with time, morphed into an "institutionalised practice" becoming an essential aspect of hypergamy.

"This practice of marrying 'higher up' traces its origins to caste and kinship, along with, to use a colloquial term, the 'baggage of the samaj' that comes with it," it said.

It said this case represents that dowry is not a feature only amongst Hindus, but it can also be found in other communities professing different faiths and religions.

"In Islam, dowry, stricto senso, is prohibited. What is prescribed is, in fact, the reverse. 'Mehr' is a compulsory gift that the groom is required to give to the bride at the time of marriage," it said.

The bench said, "The eradication of dowry is an urgent constitutional and social necessity".

It posted the matter after four weeks to ensure compliance.  

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)