Training for cops, judges, changes in school curriculum: How Supreme Court wants to combat ‘evil’ of dowry related offences

“The accused person(s) has finally been brought to book, there are many cases in which it is not the case. Many, who openly seek and give dowry, go scot-free,” the court added.

The apex court, while restoring the conviction awarded by the trial court, said that time and again decisions under the Dowry Prohibition Act (DPA), 1961, had suffered from several “difficulties in implementation”.

Referring to the issue of dowry death and related offences, the bench said, “Evil, unless eradicated, can never be contained.”

‘Voluntary gift became institutionalised practice’

It was underlined by the court that dowry, which originally started as a “voluntary gift-giving practice” to the daughter upon her marriage for her own use and financial independence, had over time morphed into an “institutionalised practice”, becoming an essential aspect of “hypergamy”.

The court pointed out that “hypergamy” (a practice of marrying into an equal or higher caste or social group) has now become both a “social strategy” and a “religiously sanctioned norm.”

This, the court said, translated into a “systemic bias against women” pervasive across all sections of society and undervaluing them “grossly.”

“The amount of dowry the woman brings into the marital home directly corresponds to the value of the groom, which the woman, just as herself, is condemned to be unable to meet, or is otherwise unworthy, sans the dower,” the order added.

‘Issues undoubtedly persist today’

Noting that the law suffered from ineffectiveness, the court noted that the malpractice of dowry remained “rampant”.

He also underlined that the provisions of the DPA Act had also been used to ventilate “ulterior motives” along with Section 498 A ((husband and his family subjecting woman to cruelty) of IPC.

The court flagged a need for an “urgent resolution” while pointing to the judicial tension created by the oscillation between ineffectiveness and misuse of the Act.

Dowry practice ‘deep-rooted’

The apex court, emphasising the urgent need to eradicate this evil practice, said, “When it comes to the giving and taking of dowry, this practice unfortunately has deep roots in society.”

Therefore, the court highlighted the need for “concentrated efforts on the part of all parties involved”, such as the legislature, law enforcement, judiciary, civil society organizations, etc., as this is not a “matter of swift change.

Future generations, changes in educational curricula

In order to bring “change and make an impact” on the efforts to eradicate this evil, the future generation and youngsters should be informed and made aware about this evil practice and the necessity to eschew it.

Centre and states should consider required changes to educational curricula across levels, to ensure that the future generation are aware of 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.

‘Appoint dowry, prohibition officers’

There should be appointment of dowry prohibition officers who are duly deputed, aware of their responsibilities and given the necessary wherewithal to carry out their duties.

It is also important that the contact details (name, official phone number and email ID) of such an officer are disseminated adequately by the local authorities so that citizens of the area are aware of these officials.

‘Train police, judicial officers’

The police officials, along with the judicial officers, who are dealing with dowry cases, should be periodically trained, equipped to understand the social and psychological implications which are often at the forefront of these cases.

The court suggested this approach to ensure a sensitivity of the concerned officials towards genuine cases versus those which are frivolous and abusive of the process of law.

High courts and expeditious hearings

The high courts were requested to take stock of the situation, ascertain the number of cases pending dealing with Section 304 B (dowry death), 498 A from the earliest to the latest for expeditious disposal.

Workshop, awareness programs

Pointing to the fact that many people today, who are outside the educational fold, should also have access to relevant information regarding the act of giving or taking of dowry and associated acts and also other acts independent of it, like mental and physical cruelty, is an offence in law.

To ensure change at grass-root level, the district administration, along with the district legal services authorities, should conduct workshops and awareness programs at regular intervals by involving civil society groups and dedicated social activists.

Background

The Supreme Court was hearing a plea filed by the state against the acquittal of a man and his mother in a case of allegedly killing his wife.

The trial court convicted both the man and his mother for the charges in 2003.

The apex court noted that the Allahabad High Court, in its October 2003 order, while reversing the findings of the trial court, did not assign “any reasons explicitly” and held it to be “erroneous or illegal”.

The bench noted the demand of the husband’s family members included a colour television, a motorcycle and Rs 15,000 in cash which “unquestionably constituted dowry”.

The apex court, while hearing the appeal, found that the victim was barely in her 20s and was allegedly killed for certain demands only.

“A coloured television, a motorcycle and Rs 15,000 is all she was apparently worth,” the court lamented.​