The Court issued multiple directions to governments, courts and authorities to address awareness, enforcement and long-pending cases relating to dowry harassment and deaths.
In a strongly worded judgment delivered on Monday, the Supreme Court underscored the continued prevalence of the social evil of dowry despite its statutory prohibition [State of UP v. Ajmal Beg].
A Bench comprising Justices Sanjay Karol and N. Kotiswar Singh observed that while the law aims to eradicate the practice, dowry continues to persist in society, often masquerading as “gifts” and reinforced by social expectations.
The Court further noted that the practice remains closely associated with instances of harassment, cruelty, and even deaths of women within marriage.
In light of the continuing instances of dowry harassment and dowry-related deaths, the Supreme Court issued the following directions to governments, courts, and authorities aimed at improving awareness, strengthening enforcement, and expediting long-pending cases:
- The States and the Union Government should consider integrating constitutional values of equality into educational curricula to tackle the issue of dowry at the level of social conditioning;
- Adequate steps should be taken to ensure the proper appointment, empowerment, and public visibility of Dowry Prohibition Officers;
- Police officers and judges should be given regular training to help them better understand the social and psychological aspects of dowry cases, and to tell genuine complaints apart from misuse of the law;
- High Courts should review long-pending cases relating to dowry deaths and cruelty to married women, and ensure that these cases are decided quickly;
- District administrations and District Legal Services Authorities should regularly run awareness programmes, particularly for people who are not part of the formal education system.
The Supreme Court was hearing criminal appeals filed by the State of Uttar Pradesh in connection with a dowry death case.
The appeals stemmed from the death of a 20-year-old woman who had been married for a little over a year and was repeatedly subjected to demands for a colour television, a motorcycle, and ₹15,000 in cash.
While the trial court had convicted her husband, Ajmal Beg, and his mother, Jamila Beg, under Sections 304B and 498A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, the Allahabad High Court set aside the conviction in 2003.
The Supreme Court set aside the acquittal of the two accused, holding that the High Court had erred in its appreciation of both the law and the facts.
“The High Court has erred in setting aside the judgment of conviction returned by the Additional District Judge, Bijnor,” the Bench held and restored the conviction and sentence.
The Supreme Court rejected the High Court’s view that the financial condition of the accused made a dowry demand unlikely, observing that such reasoning was illogical.
The Court further clarified that the Dowry Prohibition Act does not draw any distinction between dowry demands made before or after marriage.
While restoring the conviction of both accused, the Court chose not to send Jamila Beg to prison, noting that she was 94 years old and that incarceration would serve no meaningful purpose in the circumstances.
Ajmal Beg was directed to surrender within four weeks to undergo the sentence imposed by the trial court.
On the issue of dowry, the Bench observed that the practice runs contrary to the values enshrined in the Constitution, including the ideals of justice, liberty, and fraternity, and in particular violates Article 14, which guarantees equality before the law and equal protection of the laws.
The Bench further opined that the principle of equality is directly eroded by a system that treats women as a means of financial gain and perpetuates structural discrimination.
The Court observed that unless the social evil of dowry is completely eliminated, it cannot be effectively controlled, noting that what may have begun as a voluntary practice of giving gifts to support a daughter’s financial security gradually “evolved into an institutionalised system.”
Over time, the Bench said, dowry lost any connection with the welfare of women and instead turned into a means of assessing and commodifying grooms through material demands.
“What all of this translates to, is a systemic bias against women – pervasive across all sections of society – undervaluing them grossly,” the Court said,
The Court further noted that the practice of dowry is not limited to any one community or religion, but is prevalent across all sections of society.
The judgment observed that although Islamic law mandates mehr as a compulsory gift from the groom to the bride, social customs in the subcontinent have led to the coexistence of dowry alongside a token mehr, thereby diluting the protective intent of the practice.
The Court added that this parallel system weakens women’s financial security and has been associated with harassment, domestic violence, and dowry-related deaths, transcending religious boundaries.
The Court noted that Independence was intended to usher in not just political freedom but also meaningful social reform, and that deeply rooted practices like dowry stand in direct opposition to this constitutional vision.
Accordingly, it issued the above-mentioned directions to strengthen the enforcement of dowry-related laws.
The Court also ordered that the judgment be circulated to all High Courts and State governments, and listed the matter for further monitoring to ensure effective compliance.
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