Any young man, who makes dowry a condition to marriage, discredits his education and his country and dishonours womanhood. -- Mahatma Gandhi.

The dowry is basically a practise which was relevant in the ancient times, but in ancient times, this practise was not associated with the term dowry. Since Vedic period the marriage rites was associated with the "Kanyadan," and this is laid down in Dharmashastra this admirable act of kanyadan is not complete until the bridegroom was given Dakshina.

So, when a bride is given over to the bridegroom, he was to given something in cash or kind to fulfil the rituals of Dakshina, thus in those times the rituals of kanyadan was completed by giving Dakshina to the bridegroom. But the practise of Dakshina was completely a voluntary practise, it was given out of love and affection, and it did not constitute any kind of compulsion or it did not mean it was a consideration for the marriage.

Now as the time progressed the meaning of dowry has completely changed because the evilness, illogical behaviour, greed, and inhumanity dawned on society. The coercive elements like force and demand, has been included as result the dowery basically known as (DAHEJ), have become the evillest practise of the society.

Parents of the bride are pressurized, to give dowry that is in the form of cash or kind, before or during marriage, and if the dowry is not given according to the demand or need of the bridegroom family, it either lead to cancellation of marriage or the bride being subject to continuous torture after marriage.

The provisions under Indian law, basically deals with dowry as- Indian Penal Code, 1860 contains sections 304B read with section 498A, apart from these provisions the Dowry Prohibition Act was introduced by the government, which was enacted on 1st of May, this is the special law that specifically deals with the evil practise of dowry.

Dowry Under Indian Penal Code, 1860

Section 304B, of the Indian Penal Code deals with dowry death this section read as:
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death," and such husband or relative shall be deemed to have caused her death.

Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

In simple words, Section 304B of the Indian Penal Code deals with "dowry death," where a woman's death caused by burns or bodily injury within seven years of her marriage, and that death is linked to cruelty or harassment related to dowry demands, the punishment for which has been provided under section 304B (2), that is imprisonment for a minimum of seven years up to life for the husband or relative responsible.

This section is generally read with section 498A of the Indian Penal Code, which read as-Husband or relative of husband of a woman subjecting her to cruelty.

Ingredients of Section 304B

• Soon before the death the deceased was subjected to cruelty and harassment in connection with demand of dowry.
• The death of the deceased woman was caused by any burn or bodily injury or some other circumstances which was not normal.
• Such death occurs within seven years from the date of her marriage.
• The victim was subjected to cruelty or harassment by her husband or any relative of her husband.
• Such cruelty and harassment were made soon before her death.

All these ingredients of section 304B were listed in the case of Kahmir Kaur v. State of Punjab.

The provisions of Indian Penal Code, 1860 was not enough, thus because of increase in number of cases of dowry, and subsequently because of increase in dowry related deaths and suicides the government of India enacted Dowry Prohibition Act, 1961.

Dowry Under Dowry Prohibition Act, 1961.
The provisions of Indian Penal Code, 1860 were not enough to deal with the evil act of dowry, because the number of cases were still rising related to demand of dowry and in case someone fails to give the demanded dowry, than the bride was used to subject to continuous torture either by bodily injury or by conduct, so the government of India in the year 1961 enacted the Dowry Prohibition Act, 1961, this is the special act, which specifically deals with the cases of dowry, and also defines the various terms related to dowry, this act was enacted with the purpose to minimize the cases of dowry in India.

The definition of Dowry has been provided under Section 2 of the Dowry Prohibition Act, 1961 which read as:
In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parents 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 2 [or any time after the marriage] 3 [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Elements of Dowry in accordance to Section 2 of the Dowry Prohibition Act:

• The subject matter of dowry may be any property or valuable security.
• Such property or valuable property may be given or agreed to be given directly or indirectly.
• The transaction of such property must be in connection with the marriage and must be made at the time of marriage or before or after the marriage.
• Dower or Mahr is excluded from the denotation of dowry.
• Gifts or presents made to the party either in the form of jewellery, cash, clothes, or other articles are excluded from the scope of dowry.
• It is to be noted that the Dowry Prohibition Act, 1961 prohibits both the giving and taking of dowry under Section 3 of the Act.

If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 6 [with imprisonment for a term which shall not be less than 7 [five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]

Shortcomings of Dowry Prohibition Act, 1961

• Under Section 2 of the Act, presents and gifts are excluded from the category of dowry. People are misusing this provision by naming dowry as an exchange of gifts and presents.
• The dowry is being defined in connection with marriage, failing to recognize that most marriage negotiations are done confidentially. Defendants can easily claim that gifts given during marriage were voluntary and given out of love and affection.
• Dower is excluded from the scope and denotation of marriage.
• The Dowry Prohibition Act's exception for "voluntary" gifts fails to consider the societal pressures urging women to marry and families to move upward in social status in today's age of consumerism.
• There is no ceiling on the amount of gift expenses; gifts of any value can be given without any legal restriction.
• The prohibition by the Act of demanding dowry "directly or indirectly" poses a problem of ambiguity as well.

Important Case Laws

1. S. Gopal Reddy v. State of Andhra Pradesh: The Supreme Court ruled that the demand, even if made before the wedding, must be treated as a violation of section 4 of the Dowry Prohibition Act. The court held that the mere demand of dowry is sufficient to bring the offence home to an accused and that any demand of property or money made from the bride or her family by the bridegroom or his parents, or vice versa, would come within section 4 of the Dowry Prohibition Act.
    
2. Reema Agarwal v. Anupam: This is a landmark case with respect to the interpretation of the word "husband" within the meaning of sections 498A and 304B, Indian Penal Code, 1908.
    
3. Mustafa Shahdal Shaikh v. State of Maharashtra: In this case, the meaning of the expression "soon before her death" has been explained. It means the interval between cruelty and death should not be much, and there must be a proximate and live link between the effect of cruelty based on dowry demand and the concerned death.

Current Scenario of Dowry and Dowry related deaths in India.
More than 18 women die every day in India in violence related to demands for dowry, which was outlawed in 1961. Although marginally fewer women died in 2021 (6,753) compared to 2019 (7,100), the number of complaints against dowry demands and related violence rose 25% in 2021 over the previous year, according to the latest government data. The conviction rate has plunged, as many who complain are often compelled to or feel it best to affect a compromise.

Total Number of reported dowry death cases in India from 2005 to 2022.

Year No Of Cases Reported:

Year	No Of Cases Reported.
2022	6,450
2021	6,753
2020	6,966
2019	7,141
2018	7,167
2017	7,466
2016	7,621
2015	7,634
2014	8,455
2013	8,083
2012	8,233
2011	8,618
2010	8,391

In 2022, reported dowry death cases in India amounted to nearly 6.4 thousand. This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand. The dowry system in India incorporates payments in the form of capital, durable goods, real estate among others, made to the bridegroom from the family of the bride as a condition for marriage.

Refernces:

• The Indian Penal Code 1860, Act No.45, Act of Parliament, 45 of 1860.
• Ibid.
• AIR 2013 SC 1039.
• The Dowry Prohibition Act, 1961 Act No. 28 of 1961 (India).
• Ibid.
• AIR 1996 SC.
• AIR 2004 SC.
• AIR 2013 SC.
• Nikita Jain, Dowry was banned 60 years ago. But cases are rising, Article 14, 20 September, 2022.
  https://article-14.com/post/dowry-was-banned-60-years-ago-but-cases-are-rising-while-grieving-families-find-justice-harder-than-ever-63291fa11a171
• Statista Research Department, Number of Reported Dowry Death Cases in India 2005-2022, 14 February 2024.
  https://www.statista.com/statistics/632553/reported-dowry-death-cases-india/