Dowry related violence in India

The Supreme Court has recently issued Guidelines on Dowry Related Violence (2025). The SC has reiterated dowry eradication as a constitutional duty. Read here to learn more about the dowry related violence in India.

In State of Uttar Pradesh vs Ajmal Beg (2025), the Supreme Court set aside the acquittal of an accused in a dowry death case and issued comprehensive guidelines to strengthen enforcement against dowry-related violence and deaths.

The judgment goes beyond criminal law interpretation to address the social, constitutional, and institutional failures enabling dowry violence in India.

SC judgement in dowry related violence

The Supreme Court delivered a landmark ruling recognising dowry as a systemic form of violence rather than an isolated criminal act. It held that dowry, even when camouflaged as voluntary “gifts”, violates a woman’s dignity, equality, and right to life, thereby attracting constitutional scrutiny.

Key Judicial Findings

1. Restoration of Conviction

• The Court set aside the Allahabad High Court’s acquittal.
• Restored trial court convictions under:
  • Section 304B IPC (dowry death)
  • Section 498A IPC (cruelty)
  • Section 113B, Indian Evidence Act (presumption of dowry death).

2. Sociological Understanding of Dowry

• Dowry has evolved from voluntary gifting into a coercive, institutionalised system.
• Closely linked to patriarchy, hypergamy, and marketisation of marriage.

3. Practice Across Communities

• Dowry is not religion-specific.
• The Court noted dilution of Islamic mehr, with dowry demands running parallel even in Muslim marriages.

4. Constitutional Violation

• Dowry violates:
  • Article 14 (Equality)
  • Article 15 (Non-discrimination)
  • Article 21 (Right to life and dignity).
• Hence, its eradication is a constitutional imperative, not an optional welfare policy.

Current Status of Dowry related violence in India

India still witnesses about 7,000 dowry deaths annually (NCRB average).

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• Investigation gap: Roughly only 4,500 cases are charge-sheeted each year. About 67% investigations are pending beyond 6 months (2022).
• Low convictions: Around 100 convictions annually from approx. 6,500 trial cases.
• Regional concentration: Nearly 80% cases from UP, Bihar, Jharkhand, MP, Odisha, Rajasthan, WB, and Haryana.
• Urban distress: Delhi accounts for almost 30% of dowry deaths among major cities.

This reveals a severe enforcement and deterrence deficit.

Supreme Court Issued Guidelines to Curb Dowry Violence

1. Value-Based Education

• Integrate constitutional values of equality and dignity into school curricula.
• Objective: Address dowry at the social-conditioning stage, before criminalisation becomes necessary.

2. Strengthening Enforcement Machinery

• Ensure proper appointment, empowerment, and visibility of Dowry Prohibition Officers (DPOs) across States.

3. Capacity-Building of Institutions

• Mandatory sensitisation training for:
  • Police officers
  • Judicial officers
• Focus on social, psychological, and gendered dimensions of dowry crimes.

4. Fast-Track Justice

• High Courts to:
  • Review long-pending cases under Sections 304B and 498A IPC
  • Ensure time-bound disposal to restore deterrence.

5. Community-Level Awareness

• District administrations and District Legal Services Authorities (DLSAs) to conduct outreach programmes.
• Emphasis on reaching non-formal education spaces.

6. Monitoring and Compliance

• Judgment to be circulated to all States and High Courts.
• Continued judicial monitoring to ensure implementation.

Steps Taken to Curb Dowry in India

1. Dowry Prohibition Act, 1961

• The primary legislation to criminalise the giving, taking, or demanding of dowry.
• Provides for imprisonment of not less than 5 years and a fine, strengthening deterrence.
• Declares dowry agreements void, addressing the contractual normalisation of dowry.
• Mandates the appointment of Dowry Prohibition Officers (DPOs) to prevent dowry practices and ensure compliance.

2. Bharatiya Nyaya Sanhita (BNS), 2023

• Section 80 of BNS (corresponding to Section 304B IPC) specifically addresses dowry death.
• Presumes dowry death when:
  • A woman dies under unnatural circumstances within 7 years of marriage, and
  • Was subjected to cruelty or harassment related to dowry.
• Shifts the burden of proof to the accused, strengthening prosecution.
• Reflects continuity and reinforcement of India’s commitment to tackling dowry-related violence.

3. Section 498A (IPC) / Corresponding Provisions under BNS

• Criminalises cruelty by the husband or his relatives, including harassment for dowry.
• Recognised by courts as a preventive tool against escalating domestic abuse.
• Supreme Court guidelines ensure balanced use to prevent misuse while retaining its protective intent.

4. Protection of Women from Domestic Violence Act (PWDVA), 2005

• Provides civil remedies such as:
  • Protection orders
  • Residence orders
  • Monetary relief and maintenance
• Covers physical, emotional, sexual, and economic abuse, including dowry-related harassment.
• Enables speedy relief without waiting for a criminal conviction.
• Complements criminal law by focusing on victim protection and rehabilitation.

5. National Commission for Women (NCW)

• A statutory body mandated to:
  • Review and recommend amendments to laws related to women’s rights.
  • Investigate complaints of dowry harassment and domestic violence.
  • Provide legal counselling, mediation, and referral to law enforcement.
• Plays a crucial role in policy advocacy, awareness, and institutional accountability.

Challenges in Eradicating Dowry

• Social Acceptance Disguised as ‘Gifts’: Cultural legitimisation weakens enforcement despite statutory prohibition. Ajmal Beg (2025) noted the dowry transformation into an institutionalised coercive practice.
• Patriarchal Marriage Markets: Grooms are monetised based on education, income, and status.
• Weak Enforcement Capacity: Dowry Prohibition Officers remain under-staffed and ineffective.
• Judicial Delays and Low Convictions: Prolonged trials dilute deterrence and erode victims’ trust.
• Cross-Community Diffusion: Dowry has overridden doctrinal safeguards across religions.

Way Ahead

• Zero-Tolerance Enforcement: Replace procedural laxity with time-bound investigation and prosecution.
• Community-Led Norm Change: Legal deterrence must be backed by social sanction.
• Economic Empowerment of Women: Financial autonomy reduces vulnerability to dowry-linked coercion. Courts increasingly link dowry cases with relief under the Domestic Violence Act.
• Data-Driven Policing: Evidence-based targeting to improve accountability.
• Monitoring Judicial Compliance: Continuous oversight to prevent dilution of directions.

Conclusion

The Supreme Court’s 2025 judgment decisively reframes dowry eradication as a constitutional duty, not merely a matter of social reform or criminal law. The ruling underscores that legal rigour, institutional capacity, and cultural transformation must advance together.

Without sustained enforcement and societal change, statutory prohibition alone cannot dismantle entrenched patriarchal practices. Ending dowry violence is essential to securing substantive equality, dignity, and justice for women in India.

Related articles:

• Government measures for protection of women
• Mechanisms, Laws, Institutions and Bodies for Vulnerable Sections