Dowry Harassment & Domestic Abuse Continue Despite Legal Reforms & Progress, Patriarchy Still Prevails : Supreme Court

Observing that crimes against women continue to remain widespread despite decades of legal reforms, welfare schemes and judicial interventions, the Supreme Court has remarked that the persistence of domestic violence and gender-based crimes reflects a deeply entrenched patriarchal social order.The Court noted that while India has witnessed economic growth, improved literacy and greater participation of women in education and the workforce, violence against women remains prevalent, particularly in rural and semi-urban settings where authority within households continues to be overwhelmingly male.A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh made these observations while dismissing an appeal filed by a man convicted of burning his wife to death, affirming his conviction for murder based primarily on her dying declaration.Coexistence of progress & violence a paradoxIn a postscript to the judgment, the Court described the coexistence of legal progress and continuing violence against women as a "paradox," noting that while dowry has long been outlawed and multiple safeguards exist in law, social legitimacy sustaining such practices has yet to be dismantled.It referred to the NCRB data showing that more than 4.48 lakh crimes against women were recorded in 2023 and that dowry-related violence continues to claim over 6,000 lives annually. The data from the National Commission for Women showed that domestic harassment was the most reported grievance.The Court noted that the crime from which the present appeal arose occurred in 2011, 64 years after Independence. Though the Constitution promises equality, non-discrimination on the basis of sex and the right to life and liberty, cases such as these show that the rights enshrined in the Constitution are "are still elusive for many."Patriarchy permeates everyday life According to the Court, welfare schemes and legislative reforms can incentivize change but cannot alone transform long-held societal beliefs about women's roles within marriage and family."Legal and economic advancements are visible on a macro-level, but patriarchy still permeates the everyday. Dowry is outlawed and has been for decades but the social legitimacy that sustains it is yet to be dismantled. Welfare schemes can incentivize education, but cannot alter long-held beliefs about women's roles within marriage and family," the judgment authored by Justice Karol stated.Patriarchy still the norm in semi-urban and rural areasThe Court noted that gender roles striclty do not apply any more in urban areas, which have witnessed significant economic and social growth."Yet, in rural and semi-urban scenarios, patriarchy remains a facet of everyday life," the Court noted.In rural and semi-urban areas, authority within the household is still overwhelmingly male, and women's autonomy is often conditional and constrained. Even if the woman earns, it would still be expected of her that she would set the house right before leaving for work, and busily engage herself in similar work including preparation of meals, when she returns from work.The Bench observed that practices such as domestic abuse or extreme acts like burning a wife persist not merely as isolated incidents but as symptoms of a broader social condition marked by entrenched patriarchal norms."As a result, practices such as domestic abuse or even extreme acts like burning a wife (such as in this case) persist not as aberrations, but as indications of a disease afflicted social order."The Court concluded its judgment with a painful query :"After decades of laws, schemes, reforms, and judicial recognition of equality across workplaces, homes, personal relationships, and even the armed forces, why does the control over women's bodies, choices, and lives still persist so deeply within society? Perhaps, the answer lies only with “We, the People of India."Conviction For Burning Wife To Death UpheldThe observations were made in a case where the appellant was accused of beating his wife, pouring kerosene on her and setting her on fire following domestic discord. The victim sustained severe burn injuries and later died in hospital.The prosecution relied significantly on the victim's dying declaration recorded by a Judicial Magistrate, in which she stated that her husband had set her ablaze. The Court found the declaration reliable, noting that a doctor had certified her fitness to give the statement and that the medical evidence corroborated her account.Rejecting the defence argument that eyewitnesses had turned hostile, the Court held that hostile testimony does not undermine a conviction where the dying declaration is credible and consistent with medical evidence.Case : Shankar v State of RajasthanCitation : 2026 LiveLaw (SC) 324Click here to read the judgment

Dowry Harassment & Domestic Abuse Continue Despite Legal Reforms & Progress, Patriarchy Still Prevails : Supreme Court

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"Why does the control over women's bodies, choices, and lives still persist so deeply within society?" the Court asked.

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