New Delhi . The Supreme Court has termed the evil practice of dowry as a serious curse of the society and said that despite the legal ban, it is thriving under the guise of gifts and social expectations, leading to harassment, cruelty and deaths of women.
The Supreme Court, hearing the appeal of the Uttar Pradesh government, set aside the Allahabad High Court’s 2003 judgment which had acquitted husband Ajmal Baig and his mother Jamila Baig in a dowry death case. The case related to the burning death of 20-year-old Nasreen, who died a year after her marriage. The trial court had considered the in-laws’ demand for color TV, bike and Rs 15,000 in cash as proved. The Supreme Court reinstated the trial court’s conviction, which had convicted both the accused under IPC sections 304B (dowry death), 498A (cruelty) and sections of the Dowry Prohibition Act. The Supreme Court rejected the High Court’s argument that the demand for dowry is unbelievable due to poverty, calling it not logical.
In the same case, husband Ajmal Baig, convicted in the case, was directed to surrender within four weeks and face the punishment of the trial court. It was decided not to send 94-year-old mother Jamila Baig to jail on humanitarian grounds, as imprisonment would serve no purpose considering her age.
Serious comments of the Supreme Court
This practice is contrary to the values of justice, liberty, equality and fraternity enshrined in the Constitution, especially Article 14 (equality before law). Dowry makes women an instrument of financial exploitation and perpetuates structural discrimination. The practice of voluntary gift has now become a medium to determine the groom’s price, which leads to devaluation of women in the society.
Dowry in Islam too: Dowry being hollow
The Supreme Court clarified that dowry is not limited to the Hindu community only, but is spread across all religions and communities. Despite the provision of dowry (mandatory gift from the groom to the bride) in Islamic law, dowry is taken by keeping nominal dowry due to social customs, thereby hollowing out the security purpose of dowry. Harassment, domestic violence and dowry deaths among women are also linked to this. In view of the increasing incidents of dowry related harassment and deaths, the Supreme Court has issued the following comprehensive directions to the Central and State Governments, courts and authorities. The Supreme Court should consider including constitutional values of equality in the education curriculum to deal with the problem of dowry. Not only this, proper appointment, empowerment and public visibility of DPO should be ensured. Police and judicial officers should be given regular training to understand the socio-psychological dimensions of dowry cases and to differentiate genuine cases from abuse. High Courts should take stock of the pending cases under Section 304B and 498A and ensure their speedy disposal. District Administration and District Legal Services Authorities should organize regular awareness programs for the population out of formal education.
