DOWRY DEATHS IN INDIA: A LAW RECOGNIZED, A JUSTICE DENIED

ABSTRACT

In India, dowry death continues to be one of the most alarming examples of gender-based violence, even in the  face of legislative reform and social awareness campaigns over the past decades. The article takes a critical  approach to the legal framework for dowry death cases and examines the interplay between the Dowry Prohibition  Act, 1961, sections 304B and 498A of the Indian Penal Code, and section 113B of the Indian Evidence Act in the  context of historical judicial practices and prevailing socio-cultural dynamics that impact many facets of  investigation and the trial process in cases of dowry death in India. The article identifies key avenues for  implementation revolution, but asserts that there is still more to be done to demonstrate a victim-cantered approach  towards dowry death investigations. Newly devised interpretations of the law by courts in these cases are identified  and discussed as possible in-roads towards gender justice. Finally, the article outlines proposed reforms that would  bolster protection under the law and reinforce gender justice in the legal community.

“If we are not a part of solution then WE are the PROBLEM”

WHAT IS DOWRY DEATH; ANATOMY FROM CUSTOM TO CRIME 

Dowry death, is the suicides of a bride typically by the husband or in laws or a bride that has been  murdered often from dowry. Dowry deaths are often part of a long chain of emotional abuse, coerced suicide, and  brutality through permanent methods such as hanging or poisoning. Further death methods include the horrific act  of bride burning that can occur and is frequently recorded as accidental deaths or suicides. 

Dowry deaths are a problem originating from severe gender bias. In eastern societies like India, women are mass  marketed as economic liability with worth equivalent to the wealth she contributes to a marriage. That logic both  creates the initial expectation for a dowry and starts ongoing rounds of harassment, as expectations of the  economic benefit from dowry escalates and a man expects higher level of support from the bride’s family in  addition to what was paid in a dowry.

Wanting nothing more than make a meaningful life as a newly-married woman, dowry death is a real hit to the  expectations of all young brides. In late June 2025, Ridhanya, a 27-year-old employed woman in Tiruppur, Tamil  Nadu, was found dead in her car only three months after her wedding. Her family had provided lavish gifts that  amounted to crores of rupees, but unexplained dowry demands by the family continued. Then days later,  Lokeshwari, another young rural woman living in Tamil Nadu, died by suicide in almost identical circumstances.  These are not random victims, these victims show a pattern at a national level, of early marriage, dowry demands,  emotional and physical abuse, and tragic outcomes. 

Despite having a strong legal regime in the form of the Dowry Prohibition Act, 1961, Section 304B and  Section 498A of the Indian Penal Code, and Section 113B of the Indian Evidence Act, dowry related violence  continues with alarming regularity. Reports from the National Crime Records Bureau confirmed 6450 dowry  deaths across India in 2022 almost 18 each day. While states such as Uttar Pradesh, Bihar, Madhya Pradesh and  West Bengal are reported to have the largest figures, there is far more consistent reporting on the issue of dowry  deaths in progressive southern states like Tamil Nadu.

India’s Constitution provides strong footing for gender justice, and women’s rights and equality in the  social, economic, and political domains. The Fundamental Rights must, of course, be read together with the  Directive Principles of State Policy and the theme of gender equality and justice run through both types of  constitutional rights and responsibilities. Article 14¹, as a instance, guarantees equality before and equal protection  of the law. Article 15(1) explicitly prohibits discrimination based on sex, while Article 15(3) authorizes the State  to make special provision for women and children and, therefore, create a basis for affirmative action in their  favour. Article 16 provides for equality of opportunity for everyone in respect of public employment. Article 21  guarantees a citizen’s right to life and personal liberty. Courts have elaborated on the right to life in Article 21 to  include dignity, safety, and bodily autonomy, not simply survival. The benefits provided in the Fundamental  Rights are supplemented further in the Directive Principles of State Policy. Collectively, these constitutional  safeguards embody India’s commitment to transforming gender equality from written text into lived reality.

HARD TRUTHS IN THE DATA 

Uttar Pradesh recorded more than 2000 dowry deaths in 2022, followed by the states of Bihar, Madhya Pradesh,  and West Bengal. More than 60 percent of dowry murders were in the states of West Bengal, Odisha, and Bihar.  Progressive southern states like Tamil Nadu experience daily dowry related suicides and murders, all while the  victims and their families had educational or economic mobility. These examples point to the normalizing nature  of dowry violence related to young bride deaths, beyond demographics including geography, class, and education.

1. Prema S. Rao & Anr v. Yadla Srinivasa Rao & Ors²

In this landmark ruling, the Supreme Court of India examined the death of a young woman that occurred in  suspicious circumstances (within seven years of marriage). The Supreme Court found the accused guilty under Section 304B IPC (Dowry Death) and stated that these offences should not be viewed simply as crimes that violate  the Penal Code, but rather viewed as a grave threat to society.

“Stricter laws alone are not enough unless implemented seriously.”- Supreme Court of India

The Court condemned the passive attitude taken by the police and other enforcement agencies, and stressed that  judicial and police authorities must behave with urgency and serious consideration in the investigation of dowry  deaths. The Court ruled that the presumption found in Section 113B of the Indian Evidence Act must be invoked  correctly when a bride dies in unnatural circumstances, after enduring cruelty for dowry.

“Dowry is lifetime gang rape against women and lifetime prostitution against men.” Sir P.S. Jagadeesh Kumar,  social reformer.

LEADING CONTRIBUTING FACTORS TO DOWRY DEATHS

• Cultural Norms. Dowry payments, referred to as `customary practices’ in particular arranged marriage contexts, represent culturally acceptable obligations.
• Economic Motives. The lure of a potential economic perspective (financial gain) or social determinant (family connectedness) drives dowry demands.
• Gender Perception. Inadequate valuation for women`s social standing, allows for victimization and abuse to be normally expressed through perceived behaviours.
• Patriarchy. Dowry practices develop through marriage conditions such as hypergamous marriage (marrying man at a higher social status) or patrilocality (women move into husband’s household).
• Uninformed Rights. Many women are often uninformed about their rights as a woman, or their rights as a victim, predominantly in rural or illiterate households, where many women were either unaware of their rights or felt afraid to assert them.

WHY INDIAN DAUGHTERS ARE STILL VICTIMS OF DOWRY DEATHS?

In India, a stringent legal framework has been set in motion to address dowry-related violence, but its  implementation remains fragmented and inefficient guaranteed to let the dowry practice persist as a practice that  takes place with worrying frequency. Social and cultural embeddedness are also factors; dowries, often described  as “customary gifts”, are incorporated into marriage rituals which become normal and culturally expected, with  generational and social pull establishing the social currency of dowries as resistant to legal prescriptions. 

Additionally, there are economic dynamics at play; rising unemployment and inflation due to an increase  of aspirational consumerism, in part exacerbated by the social media landscape, have led to extravagant dowries becoming normatively acceptable in urban and semi-urban areas . 

In addition to this, legal and systemic/enforcement barriers are strongly preventing justice; police  inactions, sluggish investigations, and poor evidence collection are common, with only about 4,500 from 7,000  dowry death cases a year reaching the charge-sheet (the charge sheet should include a charge, or charges by  NGOs) stage and conviction rates being as low as 2%. Judicial delays, maternal/paternal refusal to assist  prosecution and the experiences of hostile witnesses further subdue prosecution. 

To multiply the socio-economic pressures there are additional aspects, the project is entirely dependent  on the victim’s nature of the economic relationship; even with equitable rights established by the Hindu Succession  Act (2005) where daughters are treated equally for inheritance purposes; economic realities often mean that  enforcement is very rare; all too often dowry is merely another substitute for “real property rights”, rendering  women economically vulnerable while simultaneously refuting social rights.

DOWRY DEATHS IN THE CONTEXT OF THE SDGS

Continued prevalence of dowry deaths in India creates an immediate impediment to achieving several of  the UN Sustainable Development Goals (SDGs), particularly the goal related to gender equality (SDG 5), justice  (SDG 16), and donor goal relating to reducing poverty (SDG 1) and inequalities (SDG 10). Dowry violence  represented a blanket systemic and societal discrimination against gender and a perpetuating violence against women, taking square aim at SDG 5 to achieve gender equality and empower all women and girls. It violates SDG  16 by contributing to the full erosion of rule of law, and impeding women’s access to justice, especially when still  living with violent marital partners. It cultivates the conditions for economic dependence and societal inequality,  stagnating progress on SDGs 1 and 10. 

Dowry-based violence is both a symptom of, and contributes to, power-based societal norms that present  a multi-faceted barrier to sustainable development. Addressing issues around dowry deaths, violence and abuse,  requires something much more complex than dedicated legislation, but would need to be achieved through cultural  change, extensive investment in women’s education and property rights, and significantly changing the way  victims of abuse can seek justice and recourse to remove them from abusive, violent and potentially life threatening environments.

GLOBAL APPROACHES TO DOWRY AND RELATED PRACTICES:

In Nepal Legislation was put in place to prohibit marriage dowry practices, in the form of the Social  Practices Reform Act of 1976 prohibiting excessive and coercive marriage expenditures, and the Domestic  Violence Act of 2009 which broadly addressed dowry-related abuse. Nonetheless, dowry practices have persisted  – mainly in the Terai area of Nepal where traditional or customary dowry practices are still entrenched. While  dowry demands are a patrilineal custom recognized in customs and law, communities have begun to address its  persistence in the Terai region with creating community awareness campaigns, supporting schools to initiate  educational programs, and NGOs working with community projects. A growing awareness campaign is emerging,  especially within urbanizing districts at the younger generations and among younger families.

BRIDGING THE LEGAL AND LIVED GAP

India’s establishment of laws and associated policies that prohibit dowry related violence indicates a robust  legal framework. Yet, dowry-related violence persists in India, indicating that meaningful, multi-layered reforms  are urgently needed that extend beyond law reform. Based on some domestic experience, and drawing from a  number of international experiences, the following strategies would help to bridge the gap between legal reality  and lived reality:

Community Monitoring

Encouraging women’s groups, legal aid collectives, and independent collaboration with ombudspersons to monitor  dowry cases would promote visibility, transparency, and accountability. These groups can:

1. Document police response times and the quality of investigations
2. Assist victims to navigate the law, and offer emotional support etc
3. Advocate against apathy or bias by participants in the law can ensure a level of transparency and promote accountability

There are examples in Bangladesh and parts of West Africa where local community dispute resolution is natually  imbedded in formal justice systems and is a useful adjunct. Legal awareness and monitoring of dowry cases gives  a level of assurance that has proven to be effective.

Special Fast-Track Courts

Setting up special courts that would specifically deal with dowry-related violence would result in:

1. More expedient trials, and the number of cases pending will be significantly reduced
2. Less possibility of retaliatory violence against complainants
3. Time-bounded justice, particularly in instances of unnatural deaths

Bangladesh’s women’s courts are an excellent example of this (eg. combined legal adjudication with survivor centric innovations).

Enforcement of Property Rights

In efforts to reduce women’s economic dependencies and raise overall capacity for empowerment, we must begin  enforcing the rights of daughters to their inheritance entitlements under the Hindu Succession Act (2005).

Two  important proposals for consideration are:

1. We must digitize land records, which will be immune to tampering and denial.
2. We must provide legal aid to women to claim their rights through the legal system.
3. We must financially empower women to own property.

Dowry should in no way be an acceptable substitute, it must be dismantled rather than camouflaged.

Education/Awareness

Education and media involvement is essential to change cultural attitudes – this requires, in part, sustained  engagement. Some recommendations for intervention include:

1. Advocate incorporating education on gender equality as a module in school curriculums.
2. Engage in public campaigns to get consumers to reframe their perceptions about marriage as a partnership and not as an item that requires a cash transaction.
3. Use workplace sensitization programs to crop the normalization of dowry in marriages.

There are various examples of state support and awareness, such as Kerala’s “Dowry Vigilant Society” and  Maharashtra’s Anti-Dowry Week. These types of interventions could be appropriated for national/state agendas.

Accessible and Anonymous Reporting Channels

An easy and anonymous means of report legitimizes action and discourages silence, especially for act victims.  Some means of reporting may include: Toll free numbers contacting community police who have appropriate  training to respond;- Via online portals that encrypt documents submitted with privacy; Police commissioner in  charge of ensuring there is accountability to dowry complaints.

There is also need to ensure social and legal protections exist in addition to reporting, i.e., victim non-retaliation,  recommended follow ups.

CONCLUSION—FROM PAPER LAWS TO LIVING CHANGE

In order to stop dowry deaths, it is not just a matter of changing laws but also changing the social  conscience of India. As the Supreme Court of India laid down, laws that do not effectuate change will become  nothing more than paper titans. The dowry system that kills women continues to flourish in the folds of culture,  economics, and social inertia in spite of years of activism and anti-dowry laws. The United Nations Sustainable  Development Goals (SDGs) offer a transformative vision where gender equality and justice serve not only as  essential means but also as enduring ends of progress. Their fulfilment is central to unlocking India’s democratic  potential and fostering inclusive growth. When women are empowered, when justice is accessible, and when  cultural norms evolve toward equality, holistic societal welfare becomes possible—touching every home,  institution, and generation. Rather than an irony, this alignment presents a profound opportunity: to translate legal  safeguards into lived realities, and to ensure that the spirit of the Constitution resonates not just in courtrooms, but  across classrooms, communities, and workplaces.

The stories of Ridhanya, Lokeshwari and the countless unnamed women should not just be viewed as data-sets to  track dowry deaths. All are cries for change. If we are to honor them and protect future generations, India must  prioritize: empowerment of girls, protection of property rights, police change, a new cultural basis for marriage.  Only then, can the spirit of the Constitution and its public assurance of dignity, equality, and justice be redeemed  by the Republic.

REFERENCE(S):

1. Dowry Deaths and Legal Provisions: IPC and Judicial Response – The Legal Quorum A comprehensive article analyzing Sections 304B and 498A IPC, judicial precedents, and implementation challenges.
2. Dowry Deaths: Section 304B IPC and Section 80 BNS – The Law Advice.
3. Dowry Death in India: Legal Provisions and Supreme Court Judgments – Law Drishti
4. Critical Study on Dowry Deaths in India – Lawful Legal A scholarly article examining statutory provisions, misuse of laws, and reform recommendations. 5. Dowry deaths in India: Long investigations, rare convictions – The Hindu

 ¹. India Const. 14, Equality before law

². Prema S. Rao & Anr v. Yadla Srinivasa Rao & Ors²(2003) 6 SCC 46