Dowry Prohibition Act 1961: An Analysis

By : Justice (Retd.) Mukta Gupta

Page No: 166-177

Abstract
This article critically examines the Dowry Prohibition Act, 1961 within the broader socio-legal context of dowry practices in India. It traces the historical evolution of dowry from ‘stridhan’, an instrument of women’s financial security, to a coercive and institutionalised system rooted in patriarchy and property exclusion. The study analyses the statutory framework of the Act alongside key judicial interpretations, highlighting the expansive definition of dowry, the penal provisions governing demand and exchange, and the evidentiary presumptions in dowry death cases under allied laws. It further explores the interplay between legal provisions such as Sections 304B and 498A IPC and the challenges posed by inconsistent application and alleged misuse. Despite a robust legislative and judicial framework, the persistence of dowry-related violence underscores systemic issues including weak enforcement, social stigma, underreporting, and delays in adjudication. The article argues that dowry is not merely a legal problem but a deeply entrenched socio-cultural phenomenon. It concludes by advocating a multi-dimensional approach combining legal reform, institutional strengthening, women’s economic empowerment, and societal attitudinal change to effectively combat dowry and uphold gender justice.

Author
Justice (Retd.) Mukta Gupta : Former Judge, Delhi High Court