The Dowry, Not The Wife, Is The Object of Attraction.

“The dowry, not the wife, is the object of attraction.
INTRODUCTION
Dowry is one of the biggest issues facing Indian society and it is understood as the widespread
practice of the bride’s family giving anything which has a monetary value like cars, jewelry etc.
to the groom on demand from his side. As said in the above quote by Juvenal in most of the
cases men marry women with the lustrous ambition to acquire their wealth. The dowry
pressure on a bride causes both extreme financial duress as well as mental and emotional
stress. Moreover, dowry leads to the commitment of offences against the bride and later on the
wife in an attempt to get the dowry. Since a long time, we have seen so many offences against
women, where they are tortured and one such offence is dowry death. It’s very disgraceful for
a society where a woman dies for not being able to give dowry and also very shameful where
dowry is still being practiced.
Let us now look at the legal definition of dowry-

In the case of Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273 the court held
that, “Dowry” in the sense of the expression contemplated by Dowry Prohibition Act is a
demand for property of valuable security having an inextricable nexus with the marriage, i.e.,
it is a consideration from the side of the bride’s parents or relatives to the groom or his parents
and/or guardian for the agreement to wed the bride-to-be.”
Indian law has provided a definition for dowry under section 2 of the Dowry Prohibition Act,
1962. This section defines dowry as any property or valuable security given directly or indirectly
by:
• One party to the marriage to the other party of the marriage.

• Parents or any other person of one party to the parents or any other person of the other
party before the marriage or even after the marriage when it is in connection to the
marriage.
Dowry death
Dowry deaths are those deaths which are a consequence of dowry. It can cover both suicide of
the bride due to severe harassment, both physical and mental, from the groom and the family
demanding dowry, as well as murder of the bride. India has the highest number of dowry
deaths in the world with 8,083 dowry deaths reported in the year 2013 according to National
Crime Statistics published by the National Crime Records Bureau.
Dowry death is defined in Section 304B of the Indian Penal Code, 1860. Also Section 113B of the
Indian Evidence Act,1872 states the presumption as to dowry death. Dowry death as an offence
was inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986.
Section 304B of the Indian Penal Code states that if a woman dies within seven years of
marriage by any burns or bodily injury or it was revealed that before her marriage she was
exposed to cruelty or harassment by her husband or any other relative of the husband in
connection to demand dowry then the death of the woman will be considered as a dowry
death.
“Punishment for dowry death is a minimum sentence of imprisonment for

seven years or a maximum sentence of imprisonment for life.”
Essential Ingredients
• Death should be caused by burns or bodily injury or by any other circumstances.

• Death must occur within the seven years of marriage.
• It must be revealed that soon before her marriage she was exposed to cruelty or
harassment by her husband or any other relative.
• The cruelty or harassment on her should be in connection with the demand for dowry.
Section 113-B of Indian Evidence Act provides that there is a presumption that on the
death of a woman, when there is a question of dowry death, and it can be shown that the
women was subjected to cruelty or harassment due to demand for dowry prior to her
death, there is a presumption of dowry death.
In the case of Ratan Lal v. State of Madhya Pradesh, 1994 Cri LJ 1684 the court held
that section 304-B and section 113-B of the Evidence Act enact a rule of presumption. If
the death of the woman occurs within seven years of marriage under abnormal
circumstances which may be caused by burns or any other bodily injury. The prosecution
must proof that the death occurred within seven years of marriage for the rule of
presumption to apply.
“Dowry death is a non-bailable and cognizable offence.”

Conclusion
Practising in the name of a so-called tradition that is dowry is seen existing in every place in
India whether rural or urban. The menace of dowry custom has reached far down in society.
Despite making so many provisions practising of demand for dowry still not stopped. No
matter how many laws the government makes it still can’t eradicate it fully from the society.
To fully eliminate it the people of the society has to understand that it is wrong.
Dushaynth M Gowda
3rd BBA LLB
St Josephs college of law

The Dowry, Not The Wife, Is The Object of Attraction.

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The Dowry, Not The Wife, Is The Object of Attraction.

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“The dowry, not the wife, is the object of attraction.

Let us now look at the legal definition of dowry-

• One party to the marriage to the other party of the marriage.

“Punishment for dowry death is a minimum sentence of imprisonment for

• Death should be caused by burns or bodily injury or by any other circumstances.

“Dowry death is a non-bailable and cognizable offence.”

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