The recent death of 24 year-old Ayurveda medical student Vismaya in Kerala is only a tip of the iceberg of dowry-related incidents across the country. She was found hanging in her husband’s house at Sasthamkotta, Kollam on June 21. The State has witnessed similar tragic incidents in the past. Thushara, a native of Karunagappally, Kollam was locked up in a room and forced to consume only socked rice and sugar syrup for several days by her mother-in-law demanding dowry before she breathed her last on March 21, 2019. Uthra, a 25-year-old woman, was reportedly killed, bitten by a cobra planted by her husband at her parents’ house in Anchal, Kollam on May 7, 2020. Twenty-four-year-old Archana was found dead with burn injuries at Payattuvila in Vizhinjam on June 22, 2021. These are just a few of such incidents in the State. 

According to Section 3 of the Dowry Prohibition Act, one who gives, or takes or abets the giving or taking dowry shall be punished with imprisonment for 5 years and with fine of Rs.15, 000 or the amount of the value of such dowry. Section 4 states, anyone who demands dowry shall be punished with 6 months to two years imprisonment and with fine up to Rs. 10,000. These sections clearly show that one who demands dowry, gives dowry and receives dowry are punished. 

Section 2 defines dowry as any property or valuable security given or agreed to be given either directly or indirectly at or before or any time after the marriage in connection with the marriage of the said parties (dower or mahr is not included).

Though there is a law in place, dowry menace is on the rise. North India faces more dowry death cases than any other region. On February 25, 2021, Ayesha Banu, 24, a resident of Ahmedabad, recorded a video message before she jumped into the Sabarmati and ended her life. Ayesha said she was facing harassment for dowry from her husband. A week before that, Rashika Agarwal, 25, fell to her death at her in-law’s place in a posh locality in Kolkata. Her family alleged that she was tortured by her husband and others. In 2020, a 40-year–old man in Ahmedabad was arrested for sexually molesting his 14-year-old daughter and torturing his wife for dowry. It is shocking to know that in 2019 Uttar Pradesh had the highest number of reported dowry deaths with 2,410 cases registered with the authorities, according to the National Crime Records Bureau.

An age-old saying is that ‘my daughter has to be looked after by him (husband) till her death’. Even boy says, ‘I have to look after her after marriage’. This attitude portrays wife as a dependent, not equal, and a burden. Even when the girl is employed, this attitude continues. If not employed, she is dumped as a ‘house wife’, a degrading and discriminatory term. 

In Kirty vs Oriental Insurance Company Pvt Ltd, Chief Justice V. Ramana, then a judge of the Supreme Court, had done away with the term ‘house wife’ and used a more dignified and elevated term ‘home-maker’. Often the untiring day and night work of a home-maker goes unrecognised and unnoticed by the society and the family. “A ‘home-maker’ often prepares food for the entire family, manages the procurement of groceries and other household shopping needs, cleanse and manages the house and its surroundings, undertakes decoration, repairs and the maintenance work, looks after the needs of the children and any aged member of the household, manages budgets and so much more,” said the court. The bench also comprised Justices Abdul Nazeer and Surya Kant.

The judgment clearly shows the woman (wife) looks after the family, takes care of the family while her works go unheard and unrecognised. Commonly in an accident where death occurs in the case of house wife, not much compensation is granted on the ground that she is unemployed. The judgment says that a home maker’s (house wife) work is equal to the work of her husband. Hence the court battles for equal notional income for a home maker. Pursuant to the above, a bride (wife) is not a burden to be looked after but equal partner in home building.

The other aspect to be focused on is education. Every girl should be educated and she should get some job to stand on her own feet. Only after that she should think of marriage. An employed and earning wife can assert herself more than an unemployed wife.
No woman should marry a man who demands dowry. Unless women and their parents take a drastic step, dowry menace cannot be put to an end. When a man demands dowry, the woman or the party concerned should inform the police and see that he is arrested.

Such arrests can instill fear in dowry mongers. It is important that if the daughter faces any harassment at the matrimonial home, parents should take the matter seriously. 

Dowry is prohibited but gift is allowed. Hence the modern trend is to ask for gift. Anything asked by the husband cannot be considered as gift, it is dowry. If the parents want to give any assets/consideration without asking, then it is gift. 

Religion has to play a vital role in containing this menace. It should promote a dowry free State, dowry free Diocese, dowry free parish, etc. 

Certain amendment is required in dowry related laws. Dowry Prohibition Act provides more punishment to the one who gives dowry than the one who demands it. Section 3 and 4 of the Act should be amended to give more punishment to the one demands dowry.

Section  304B (2) (Dowry death) states, ‘whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life’. Punishment should be made imprisonment for life as dowry death is a cold blooded murder. In 2002, Allahabad High Court in Nathu vs. State of UP held that dowry death is worse than murder but surprisingly there is no death penalty for it. Time has come death sentence should be permitted in case of dowry death. A proposal to this effect was sent to the Law Commission in 2007.

As the Dowry Prohibition Act is not implemented in its letter and spirit, and it lacks teeth, in order to protect young women and to have some check on the dowry menace, the government should have a law/system in place. In every district there should be a committee under the supervision of the respective Collector where the list of the assets given to the bride should be registered with. It should be made applicable to all religions where dowry system prevails. The government, law enforcing agencies and the society should work together to eradicate dowry system in the country.