Dowry and Marriage: Understanding the Law, Culture, and Change in India

Abstract

Despite decades of legislation and awareness campaigns, the dowry system continues to drain dignity and safety out of the institution of marriage in India. Thousands of women face domestic abuse, psychological harassment, and even death directly linked to dowry-related expectations. The Bharatiya Nyaya Sanhita, 2023 attempts to fill long-standing legal gaps by enhancing provisions against cruelty and dowry deaths. This paper critically analyzes statutory frameworks, judicial decisions, legislative reforms, and the persistent cultural underpinnings that allow dowry to survive. It also proposes effective legal, institutional, and cultural reforms essential for securing gender justice and ending the dowry menace in India.

Introduction

Dowry, deeply rooted in India’s socio-cultural fabric, has become a prominent cause of mental, physical, and economic abuse against married women. Despite being prohibited by law, the National Crime Records Bureau (NCRB) reported over 7,000 dowry deaths in 2022 alone, with states like Uttar Pradesh, Bihar, and Madhya Pradesh leading in reported cases.¹ These incidents underscore the persistent failure of both law enforcement and societal attitudes in adequately addressing dowry-related offences.

While the Dowry Prohibition Act of 1961 criminalizes all forms of dowry exchange, its enforcement has remained weak.² The Bharatiya Nyaya Sanhita (BNS), passed in 2023, replaces sections of the Indian Penal Code and introduces clearer legal articulation of dowry-related offences, particularly under Sections 80 and 86.³ However, the law remains only one piece of the puzzle; ingrained customs, social approval, weak institutions, and patriarchal ideologies continue to obstruct justice for victims.

This article highlights judicial interpretations, legal frameworks, systemic loopholes, and most importantly, the way ahead to reform both law and mindset.

Research Methodology

The methodology adopted is doctrinal and analytical. Primary sources such as the Dowry Prohibition Act, 1961, and the Bharatiya Nyaya Sanhita, 2023, are analyzed. Secondary sources include court judgments, academic commentary, NCRB statistics, and law journal publications. Cases from the Supreme Court and key High Courts between 2023–2025 are examined to trace evolving judicial reasoning. News reports and credible articles also supplement this analysis to contextualize the issue’s cultural impact.

Main Body

Legal Framework

India’s anti-dowry laws comprise a mix of penal statutes and constitutional protections.

Dowry Prohibition Act, 1961

This Act criminalizes the giving or taking of dowry and even the indirect promotion of such transactions.⁴ Section 3 prescribes imprisonment of up to five years and a fine not less than ₹15,000 or the dowry amount, whichever is higher.⁵ Under Section 4, demanding dowry whether directly or indirectly is also considered an offence.⁶ The Act also invalidates dowry agreements.⁷ However, conviction rates under this law remain dismally low.

Bharatiya Nyaya Sanhita, 2023

Enforced in 2023, the BNS overhauls and replaces parts of the Indian Penal Code:

• Section 80: Presumes culpability if a woman dies within seven years of marriage under suspicious circumstances and it is shown she was subjected to cruelty or harassment for dowry. Punishment ranges from seven years to life imprisonment.⁸
• Section 86: Defines cruelty to include both physical and emotional abuse for unlawful dowry demands and categorizes such conduct as punishable offences.⁹
• Constitutional Provisions

Articles 14 and 15 of the Constitution guarantee equality and prohibit discrimination based on sex.¹⁰ Article 21 guarantees the right to life and liberty, encompassing freedom from violence and coercion.¹¹ These fundamental rights inform and guide the interpretation of anti-dowry laws.

Judicial Interpretation

Courts have repeatedly affirmed the seriousness of dowry offences and emphasized the need for strong enforcement.

• In State v. Ajay Kumar, the Supreme Court held that courts must adopt a victim-oriented approach while dealing with dowry deaths and cruelty claims.¹²
• In Sapna Devi v. State of Jharkhand, the High Court highlighted the importance of timely investigation in cases where the victim’s testimony is no longer available.¹³

Despite these efforts, acquittal in cases due to lack of “proximity” between cruelty and death continues to weaken the deterrent ability of these laws.¹⁴

Critical Analysis

Systemic Challenges

1. Underreporting: Victims often fear societal backlash, shame, or being disbelieved.
2. Weak Investigations: Police often treat dowry abuse as domestic disputes rather than criminal matters.
3. Judicial Delays: Over 90% of dowry cases remain pending even years after FIRs are registered.¹⁵
4. Cultural Normalization: In several regions, exorbitant “gifts” are normalized and encouraged, pressuring the bride’s family.

Comparative Jurisdictions

Countries like Norway and Sweden have seen significantly lower instances of domestic violence and zero dowry cases owing to high gender equality, efficient enforcement, and cultural norms that discourage commodification of marriage.

Recent Developments

• BNS 2023: Introduced precise statutory language, enabling stronger prosecution strategies.⁸
• Kerala Dowry Law Reform Proposal (2025): Proposed to criminalize only the receiving party, focusing attention on perpetrators rather than givers.¹⁶
• Media & Public Action: Continuous coverage is helping reduce stigma and encouraging victim reporting.¹⁷
• Judiciary’s Advocacy: Courts have encouraged the formation of fast-track courts for dowry deaths and training for law enforcement officials.¹⁸

Suggestions / Way Forward

1. Fast-Track Dowry Courts: Expedited trials will improve conviction rates and provide closure for victims’ families.
2. Training for Police and Judiciary: To identify and prosecute mental cruelty and psychological harassment.
3. Digital Complaints Mechanism: Apps and portals must allow safe, anonymous reporting especially in rural areas.
4. Marriage Registration Requirement: Law should require self-declaration of dowry-free status during registration.
5. Mandatory School Curriculum: Sensitizing students early about gender equality and legal rights.
6. Strong Civil Society Alliances: NGOs and religious leaders should actively denounce dowry.
7. Witness Protection: Survivors and witnesses must be legally protected during investigation and trials.
8. Community Monitoring Cells: RWAs, Panchayats and housing societies can play an active role in reporting and preventing dowry practices.

Conclusion

The Bharatiya Nyaya Sanhita brings welcomed clarity, but until societal consciousness evolves, laws alone will not eradicate dowry. Families and communities must lead by example in rejecting dowry, while state institutions must support survivors with protection, justice, and dignity. The practice of dowry an economic transaction disguised as tradition must end, replaced by values of equality, safety, and love. The time for reform is not tomorrow it is now.

Reference(S):

1. National Crime Records Bureau, “Crime in India – 2022”, Ministry of Home Affairs, Govt. of India.
2. Dowry Prohibition Act, 1961, No. 28 of 1961, India.
3. Bharatiya Nyaya Sanhita, 2023, No. 45 of 2023, §§ 80, 86 (India).
4. Asharani Case, Times of India (March 2024): https://timesofindia.indiatimes.com
5. Vaishnavi Hagawane Case, LiveMint: https://www.livemint.com
6. Deepak Yadav Case, Times of India: https://timesofindia.indiatimes.com
7. Delhi HC Ruling, Hindustan Times (Apr. 2025): https://www.hindustantimes.com
8. Bharatiya Nyaya Sanhita – https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
9. INDIA CONST. arts. 14, 15, and 21.
10. State v. Ajay Kumar, AIR 2023 SC 716
11. NCRB data on pending dowry cases – https://ncrb.gov.in
12. Kerala Dowry Proposal, The Hindu (May 2025): https://www.thehindu.com
13. Bluebook Citation Guide (21st Ed.), LegalSynk: https://legalsynk.com/bluebook-citation-21st-edition-full-guide