BALASUBRAMANYAN, J. - (1.) THE expression dowry m ancient time applied to that which a wife brought for her husband in marriage, goods given in marriage or the marriage portion. May be, it was conceived of as a nest -egg or security for the wife in her matrimonial home, especially since, most of the systems regarded a married woman as an addition to her husband's family. But in course of time, it assumed a different shape and degenerated into a subject of barter, acceptance of the woman as a wife depending on what her parents would pay as dowry, varying with the qualification and the status of the bridegroom's family. As felicitously put by Krishnaswami Aiyar, C.J. on behalf of the Full Bench in Sundaram Iyer v. Thandaveswara Iyer [1946 Tra LR 224]. "But an abuse of the situation soon came into view when the bridegroom came to be marketed as a commodity for the value of his accomplishments and future promises and the high standards of the scriptural marriage which was a sacrament came to be contaminated by sordid considerations of immediate monetary gains at the sacrifice of the abiding purposes of the marriage union."
(2.) THE position cannot be said to have improved since then. Possibly, a social revolution is needed to put an end to the menace. Refusal by the bride's father to pay dowry, refusal of the girls to get married if dowry is insisted upon and the attaching of a social stigma to those who demand dowry, can alone ultimately put an end to this system or at least reduce its prevalence. Obviously, the enactment of a law prohibiting this evil should go a long way in tackling the menace. The Parliament in its wisdom enacted the Dowry Prohibition Act, 1961 (Act No. 28 of 1961). The objects and reasons were set out as follows : "The object of this Bill is to prohibit the evil practice of giving and taking of dowry. This question has been engaging the attention of the Government for some time past, and one of the methods by which this problem, which is essentially a social one, was sought to be tackled was by the conferment of improved property rights on women by the Hindu Succession Act, 1956. It is, however, felt that a law which makes the practice punishable and at the same time ensures that any dowry, if given does ensure for the benefit of the wife will go a long way to educating Dublic opinion and to the eradication of this evil. There has also been a persistent demand for such a law both in and outside Parliament. Hence, the present Bill. It, however, takes care to exclude presents in the form of clothes, ornaments, etc., which are customary at marriages, provided the value thereof does not exceed Rs. 2,000. Such a provision appears to be necessary to make the law workable.'' The Act came into force on 1.7.1961. But it was found that even an enacted law did not help in eradicating or at least lessening the menace. This Court had occasion to say in Shri Bhagwant Singh v. Commissioner of Police, Delhi [AIR 1983 SC 826] that : ' 'The greed for dowry, and indeed the dowry system as an institution, calls for the severest condemnation. It is evident that legislative measures such as the Dowry Prohibition Act have not met with the success for which they were designed."
(3.) THIS led to the Criminal Law (Second Amendment) Act bringing in stringent criminal provisions to combat the menace and to some amendments in the Dowry Prohibition Act itself giving it more teeth. The objects and reasons for the amendment by Act 63 of 1984, were set down as follows : ' 'The evil of dowry system has been a matter of serious concern to every one in view of its ever -increasing and disturbing proportions. The legislation on the subject enacted by Parliament, i.e., the Dowry Prohibition Act, 1961 and the far -reaching amendments which have been made to the Act by a number of States during the seventies have not succeeded in combating the evil. As pointed out by the Committee on the Status of Women in India, the educated youth is grossly insensitive to the evil of dowry and unashamedly contributes to its perpetuation. Government has been making various efforts to deal with the problem. In addition to issuing instructions to the State Governments and Union Territory administrations with regard to the making of thorough and compulsory investigations into cases of dowry deaths and stepping up anti -dowry publicity. Government referred the whole matter for consideration by a Joint Committee of both the House of Parliament. The Committee went into the whole matter in great depth and its proceedings have helped in no small measure in focusing the attention of the public and rousing the consciousness of the public against this evil." ;