SC: Any material demand by in-laws to be considered "Dowry"

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• Jan 12, 2022 | Deleted

Digital Desk: The Supreme Court ruled on Tuesday that the term "dowry" should be broadened to include any demand placed on a woman, whether for a property or a valued security of any kind, and that a demand for money to build a house falls within that definition.

The Supreme Court overruled a Madhya Pradesh high court's decision to acquit a husband and father-in-law of dowry murder because the victim had asked her family members to contribute money to build a house, which could not be considered a dowry demand.

On the other hand, the court lowered their sentence of life in prison issued by a trial court to seven years in jail, which is the minimum punishment prescribed for an infraction under Section 304-B of the IPC.

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A bench of Justices N V Ramana, A S Bopanna, and Hima Kohli said the interpretation of a provision of law that will defeat the very intention of the legislature must be shunned in favor of an interpretation that will promote the object sought to be achieved through the legislation meant to uproot a social evil like dowry.

"In the light of the provision (Dowry Act) that defines the word 'dowry' and takes in its ambit any kind of property or valuable security, in our opinion, the High Court fell into an error by holding that the demand of money for construction of a house cannot be treated as a dowry demand," the bench, also comprising Justices A S Bopanna and Hima Kohli, said.

The Supreme Court ruled that interpreting a statute in a way that contradicts the legislature's meaning must be avoided in favour of interpreting it to advance the goal of the legislation, which is to eliminate social evils like dowry demand.

"In this context the word 'Dowry' ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature. "When dealing with cases under Section 304-B IPC, a provision legislated to act as a deterrent in the society and curb the heinous crime of dowry demands, the shift in the approach of the courts ought to be from strict to liberal, from constricted to dilated," the bench said.

Despite the fact that it is prohibited, dowry is nevertheless extensively practised across the country, regardless of faith.

In 2020, there were 6,966 dowry-related deaths and 7,045 victims, according to the National Crime Records Bureau (NCRB). It equates to about 20 deaths every day.