Anti-dowry laws suffer from ineffectiveness, misuse: SC

Observing that eradication of dowry is an urgent constitutional and social necessity, the Supreme Court said on Monday, while flagging that existing laws suffer from both “ineffectiveness” and “misuse”, and that the evil practice remains rampant. 

Stressing that “concentrated effort” of all was needed to deal with the issue, a bench of Justices Sanjay Karol and N Kotiswar Singh passed several directions, including asking the high courts to ascertain the number of pending cases dealing with sections 304-B and 498-A of IPC — from the earliest to the latest — for expeditious disposal. While Section 304-B of the erstwhile Indian Penal Code deals with dowry death, Section 498-A pertains to the offence of husband or his relatives subjecting a married woman to cruelty. 

The bench, which was delivering its verdict in a 24-year-old case of dowry death, directed the Centre and states to consider changes as are necessary to educational curricula across levels, reinforcing the constitutional position that parties to a marriage are equal to one another and one is not subservient to the other.

The apex court said this case represents that dowry is not a feature only amongst Hindus, but it can also be found in other communities professing different faiths and religions.  “While on the one hand, the law suffers from ineffectiveness and so, the malpractice of dowry remains rampant, on the other hand, the provisions of this Act (Dowry Prohibition Act) have also been used to ventilate ulterior motives along with Section 498-A, IPC,” said the court, adding: “This oscillation between ineffectiveness and misuse creates a judicial tension which needs urgent resolution”.

The apex court’s order came on appeals filed by the Uttar Pradesh Government challenging the Allahabad High Court’s verdict, which acquitted two persons, including a woman, in a 2001 dowry death case.  The top court allowed the appeals and restored their conviction in the case.

However, it refrained from incarcerating the woman convict, considering that she was 94 years old. The bench directed the man to surrender within four weeks to serve the life sentence awarded to him by the trial court.

The court said that while in this case, the accused have finally been brought to book, there are many instances where it does not happen.  “Many, who openly seek and give dowry, go scot-free.

It has been noted time and again, in various judicial pronouncements, that DPA (Dowry Prohibition Act), 1961 suffers from various difficulties in its implementation,” it said.

Passing a slew of directions, the bench said it has to be ensured that the future generations are informed and made aware of the evil practice of dowry and the necessity to eschew it.

“As such, it is directed that states and even the Union Government consider changes as are necessary to the educational curricula across levels, reinforcing 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,” said the court.