Dowry Deaths 'Serious Social Problem', Particularly In UP, Bihar & Karnataka : Supreme Court

In a strong indictment of the continuing menace of dowry-related violence, the Supreme Court observed that dowry deaths remain a “serious problem in some sections of society”, particularly in the States of Uttar Pradesh, Bihar and Karnataka, while cancelling the bail granted to an husband in a dowry death case.The Court made these remarks while allowing an appeal filed by the father of a deceased woman, setting aside the Allahabad High Court's order granting bail to the accused husband in a case involving allegations of harassment and death within seven years of marriage"Over a period of time, we have noticed that in the State of Uttar Pradesh, young girls just married are being killed mercilessly at their matrimonial home for want of dowry. Either they are forced to commit suicide due to incessant harassment or are murdered for want of more dowry," the Court noted.“A young girl gets married with many dreams, she would like to make them true. A newly married girl would always yearn to live a happy marital life. She would also yearn for love and affection from her husband and the family members of her husband. She would long to raise a family. A young girl does not get married to be killed mercilessly at her matrimonial home for want of dowry. This is a serious problem in some sections of the society in this country, more particularly in the States of Uttar Pradesh, Bihar and Karnataka respectively.”, the Court added.Dowry System Still Deeply EntrenchedThe Bench lamented that despite advancements in education and women's empowerment, dowry demands continue even after marriage:“Despite being given better educational opportunities and encouragement given to be independent, women continue to bear the brunt of dowry demands even after marriage.”The Court also referred to broader societal practices, noting that initial “gifts” often escalate into coercive demands post-marriage, creating a cycle of pressure and exploitation on the bride's family."This often turns into a trap that many women realise, albeit too late, only after marriage. Before the wedding, the groom's family rarely makes exorbitant demands, but once the marriage is formalised, they begin exerting pressure, believing that the bride's parents will have no choice but to comply in order to maintain the marriage.""In Indian marriages, an unwritten norm dictates that when the groom earns a handsome salary, the bride's family often feels pressured to provide a larger dowry to avoid any displeasure on his part," the Court noted.The Court started its judgment with the saying of Mahatma Gandhi - "Any young man who makes dowry a condition to marriage discredits his education and his country and dishonours womanhood.”Alarming statistics Highlighting the scale of the problem, the Court took note of data indicating:“A total of 6,156 people lost their lives in dowry death cases in 2023. Uttar Pradesh again topped the chart with 2,122 deaths, followed by Bihar with 1,143. Dowry was listed as the motive in 833 murder cases across the country in 2023. Under the Dowry Prohibition Act, 83,327 cases were up for trial in 2023, with 69,434 carried forward from earlier years. The year also saw 27,154 arrests under the Act, 1961 – 22,316 men and 4,838 women."The Court criticized the Allahabad High Court for granting bail, noting that the High Court had committed an “egregious error” in releasing the accused despite serious allegations.A bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi, setting aside the High Court's bail order, the Court observed:“When bail is prayed for, the High Court is expected to consider the nature of the crime and a prima facie case. The allegations levelled by the father in the FIR do disclose more than a prima facie case. It is not in dispute that the deceased died while at her matrimonial home within seven years of marriage. There being serious allegations of demand of dowry and incessant harassment caused to the deceased, the High Court should have kept in mind the provisions of Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (for short, the “BSA”)[erstwhile Section 113(B) of the Evidence Act].”Background The case pertains to the death of a young woman, who was found dead under suspicious circumstances at her matrimonial home in Ghaziabad on July 11, 2024, within five years of her marriage. According to the FIR lodged by her father on July 12, 2024, the deceased had been subjected to continuous harassment and cruelty over dowry demands, including demands for a luxury car and additional cash. The complaint alleged that despite substantial dowry already being given, the in-laws continued to press for more and threatened to kill her. The FIR named eight accused persons, including the husband and his family members. Following the investigation, a charge sheet was filed against the husband and his parents under provisions of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961. The...

Dowry Deaths 'Serious Social Problem', Particularly In UP, Bihar & Karnataka : Supreme Court

Yash Mittal

"Before the wedding, the groom’s family rarely makes exorbitant demands, but once the marriage is formalised, they begin exerting pressure," the Court said.

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Dowry Deaths 'Serious Social Problem', Particularly In UP, Bihar & Karnataka : Supreme Court

Yash Mittal

"Before the wedding, the groom’s family rarely makes exorbitant demands, but once the marriage is formalised, they begin exerting pressure," the Court said.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
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