Anti-Dowry Laws And The Debate Of Misuse In India: Balancing Women’s Protection And Due Process
- IJLLR Journal
- May 26
- 1 min read
Ananya Kumari, Amity Law School, Amity University, Patna
ABSTRACT
Despite being legally prohibited, the Dowry system continues to remain a pervasive social problem in India, leading to domestic violence, and dowry- related deaths of married women. However, concerns regarding misuse raised overtime due to false, exaggerated, or malicious complaints. This article contains the emerging debate surrounding the misuse of anti-dowry laws in India. It includes evolution of dowry, the constitutional and legislative framework governing matrimonial offences, and the judicial response to concerns of procedural abuse, arbitrary arrests and omnibus allegations. It also includes judgments of the Supreme court in order to understand the judicial approach towards balancing women’s protection with procedural safeguards and constitutional fairness. This article also undertakes statistical and empirical analysis based on National Crime Records Bureau. It also identifies significant lacunae in the existing legal framework and what reformative measures can be taken to balance the women’s protection with rights of accused person. The study suggests that legal reform should not results in the weaking of the anti-dowry laws but should focus on the development of balanced procedural safeguards that ensure criminal law remains both effective and just.
