Practice of Dowry in India and Criminal Justice System Critical Analysis

Sidhi Tiwari

doi:10.36948/ijfmr.2026.v08i01.67074

Practice of Dowry in India and Criminal Justice System Critical Analysis

Author(s)	Ms. Sidhi Tiwari
Country	India
Abstract	The dowry system remains one of India’s most entrenched socio-cultural problems, continuing unabated despite the prohibitions introduced by the Dowry Prohibition Act, 1961, its subsequent amendments, and sustained public awareness initiatives. What originated historically as stridhana—a voluntary bestowal of gifts to women—gradually evolved into a compulsory and transactional transfer of wealth, shaped by patriarchal kinship structures, caste-based hierarchies, and economic conditions reinforced during the colonial period. Contemporary research indicates that the persistence of dowry practices is closely tied to structural socio-economic factors, including the marriage squeeze, processes of Sanskritization, widening income inequalities, commodification of grooms, and weak implementation of legal provisions. Although the Indian legal framework has expanded over time—through provisions such as Sections 304-B and 498-A of the Indian Penal Code, Section 113-B of the Indian Evidence Act, and the Dowry Prohibition Rules, 1985—conviction rates remain low. This is largely due to delayed reporting, coercion of victims, evidentiary challenges, and the pervasive social acceptance of dowry. International human rights instruments, including the Universal Declaration of Human Rights (1948), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), and the Declaration on the Elimination of Violence Against Women (1993), recognize dowry-related abuse as a violation of human dignity, equality, bodily autonomy, and fundamental rights. Similarly, the Beijing Platform for Action (1995) and the Sustainable Development Goals call upon states to eliminate harmful cultural practices such as dowry. Thus, despite legislative progress, the continuing prevalence of dowry reflects a complex interplay of cultural norms, gender-based power inequalities, and socio-economic pressures. Meaningful eradication of the practice requires not only stronger enforcement mechanisms but also gender-equitable inheritance systems, the economic empowerment of women, and deeper transformative social change
Keywords	Dowry system, Stridhana, Gender-based violence, Dowry Prohibition Act 1961, Marriage market, Sanskritization, Marriage squeeze, Patriarchal norms, Caste hierarchy, Dowry deaths, Human rights, CEDAW, UDHR, Beijing Declaration, Women’s empowerment.
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-01-22
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.67074

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Practice of Dowry in India and Criminal Justice System Critical Analysis

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