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A string of dowry-related deaths in Kerala has caught the attention of the media over the past few weeks. While our society has struggled with the issue of dowry for decades, these deaths seem to have brought back the problem into the public consciousness.
Kerala Chief Minister Pinarayi Vijayan, in response to the public outcry, has called for reform in the prevailing system of marriage itself – and termed the dowry system 'barbaric and degrading'.
The Kerala government has also declared a series of measures to address the problem – fast-track courts and police helplines being the primary interventions. However, media reports suggest a different mood.
Interestingly, the Dowry Prohibition Act, 1961 (Dowry Act) was never really conceptualised to lead the fight against this practice. In fact, AK Sen, the then Law Minister, while discussing the Bill stated:
Although this attracted stern criticism for its defeatist tone, the debate on the Bill by and large proceeded on a similar track – highlighting the need for a law, but sceptical about its effect.
As lawmakers underlined the limitations in using law as a means of furthering social reform, a popular struggle against the dowry system took place in the 1970s and 1980s. But as dowry-related violence continued to increase, the State flung into action, this time armed with the tool of deterrence.
Accordingly, the Indian Penal Code (IPC) was amended in 1983 to provide for the offence of cruelty by the husband or his relatives. The Indian Evidence Act, 1872 was also amended to provide for a presumption of abetment to suicide if it was shown that that the woman was subjected to cruelty by her husband or his relatives.
Reported cases of dowry deaths rose from 999 in 1985 to 5,157 in 1991. Three decades after the amendments in the law, cases of dowry-related violence continue to rise.
On an average, more than 11,000 cases under the Dowry Act, 7,400 cases of dowry deaths, 4,770 cases of abetment to suicide, and 1.1 lakh cases of cruelty have been registered every year since 2015.
While the figures keep reminding us that the solution to this issue perhaps lies somewhere else, it is important that we look beyond the criminal justice system for redressal. As we wait for this system to work its magic, thousands of women lose their lives and lakhs struggle to survive patriarchal family structures.
(Naveed Ahmad is a Research Fellow (Criminal Justice) at Vidhi Centre for Legal Policy. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)
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