By Dilip Bobb
Even as the Nikki Bhati dowry case hits the headlines, what is remarkable apart from the dowry demands by two husbands (Nikki’s sister was married to the brother of main accused Vipin Bhati) in Greater Noida and the tragic events that unfolded, is the bald admission of the father of the two sisters, Bhikari Singh Payla. When asked why he married his daughters into a family that asked for dowry, he replied, distressingly: “In our clan, marriages happen through (dowry) mediators.”
Both the girls married brothers who were largely unemployed and lived off their father’s property rentals in 2016. The initial dowry demand included a Scorpio SUV, cash, gold and a motorcycle. The girl’s father took a loan to spend Rs 80 lakh on the joint wedding. Of late, the Bhati brothers had, according to Kanchan, demanded another Rs 36 lakh which led to the latest blow up and eventually, Nikki’s death. According to Nikki’s family, the demands increased over time. Vipin and Nikki frequently fought and, on August 21, he assaulted her and allegedly set her on fire with the help from his mother Daya.
Vipin, his brother Rohit and parents Daya and Satyavir have been arrested. Vipin, according to Noida police, tried to snatch a pistol from one of the arresting policemen and was shot in the leg. He is recovering in hospital under heavy guard.
The fights grew more frequent and each time they returned to their father’s house, compromises were reached. Again, shockingly, when asked why he made his daughters return to a place where they were physically abused and prevented from being financially independent, Nikki’s father said: “We need to listen to our samaj and clan members,” adding, remorsefully: “I did not know I was marrying her to a monster. They should be hanged.” The two families belong to a Rajput clan.
The official ban on dowry came into force with the Dowry Prohibition Act, 1961, which defines dowry, outlines penalties for its demand and acceptance, prohibits advertising for dowry, and states that any agreement for dowry is void. While the law exists on paper, it continues to be practiced due to deeply ingrained cultural norms and pressures.
In response to increasing dowry-related crimes, the Indian government introduced several legal provisions, including Section 498A of the Indian Penal Code (IPC) and Section 198A of the Code of Criminal Procedure (CrPC) in 1983, followed by the Protection of Women from Domestic Violence Act in 2005, to enhance legal protection for women. Despite these reforms, which also included the introduction of Section 304B to specifically address dowry deaths, the effectiveness of these measures has been seen as inadequate as well as prone to misuse. The effectiveness is also diluted due to challenges in enforcement and societal perpetuation of the practice.
Some landmark cases prove the point:
- The 2025 (Suman Mishra vs State of Uttar Pradesh) case: The case underscores the growing concern over the weaponization of criminal proceedings in matrimonial disputes. Marriage between Rishal Kumar (appellant) and Priyanka Mishra (respondent) was solemnized on March 5, 2016, in Bareilly. Rishal filed for divorce in June 2021. Priyanka lodged an FIR alleging offences under Sections 498A, 354, 328, 376, 352, 504, 506 IPC, and Sections 3 and 4 of the Dowry Prohibition Act against her husband and in-laws. Police investigation found no substantial evidence for grave charges like rape; charge sheet filed for lesser offences.
The Allahabad High Court dismissed the quashing petition filed by appellant. The Supreme Court took up the appeal and stressed the need for prima facie evidence before criminal proceedings in matrimonial disputes. Allegations in the FIR were general, vague, and lacked specific details of time, place, and manner. The appellant’s remarriage indicated that criminal proceedings were being used as a tool of harassment.
The Supreme Court set aside the High Court order and quashed the FIR and all related criminal proceedings. The Court reaffirmed that criminal law should not be misused in matrimonial conflicts and emphasized a balanced approach to protect both complainants and accused. The judgment safeguarded the integrity of domestic violence laws by preventing their misuse as instruments of harassment while ensuring genuine victims remain protected. It is a landmark precedent for courts, legal practitioners, and policymakers striving for justice in family law.
- The 2003 Nisha Sharma dowry case: It was an anti-dowry lawsuit that has been cited as an illustrative example highlighting the potential for misuse of the IPC 498A law in India. Nisha Sharma accused her prospective groom, Munish Dalal, of dowry demands, raising questions about the dynamics and fairness of such allegations within the legal framework. The case was a cause célèbre since Nisha was portrayed as a youth icon and a role model for other women. The case ended in 2012, after the court acquitted all accused. The court found that Nisha had fabricated the dowry charges in an effort to avoid marrying her fiancé. The case became a prominent example of the potential misuse of India’s anti-dowry law, IPC Section 498A.
- Kans Raj vs State of Punjab: This was a significant Supreme Court judgment concerning dowry death under Indian law. The case involved the father of the deceased, Sunita Kumari, appealing the High Court’s acquittal of her husband and in-laws after her death under suspicious dowry-related circumstances. The case reached the Supreme Court which partly allowed the appeal, setting aside the husband’s acquittal and restoring his conviction under Sections 304-B, 306, and 498-A of the IPC.
There have been numerous other cases which have involved judgments that either cited misuse of the Dowry Act or attempt to murder because of dowry demands not being met. In Aligarh, Uttar Pradesh, a woman died due to physical abuse and her family claimed that she had been regularly assaulted for dowry. A woman from Pilibhit was burned alive allegedly after she and her family did not meet the repeated demands of her husband and his family for dowry. In Chandigarh, a young bride died by suicide allegedly due to dowry harassment. In Tamil Nadu, two women have died in recent years, allegedly due to harassment from their in-laws for dowry.
Dowry deaths are a national phenomenon, and not confined to northern India. In the north, according to statistics, dowry demands are for cars and cash and elaborate weddings hosted by the bride’s family. In the south, it usually involves gold and land holdings. Uttar Pradesh accounts for one in every three reported dowry cases. According to the latest National Crime Records Bureau (NCRB), every year, in the 2017-2022 period, an average of 7,000 cases of dowry deaths were reported across the country. These were only reported cases. Many cases of dowry harassment or even deaths are hushed up because of social pressures, family shame or “mediation” by local community bodies in villages or small towns.
A World Bank study covering 40,000 marriages in rural India from 1960 to 2008 revealed that dowry was paid in 95 percent of marriages, which shows how alarmingly deep-rooted the practice remains. It has only increased owing to rising economic pressures that include growing consumerism, social media influences and obsessions for an affluent, showier, lifestyle.
The Supreme Court has repeatedly condemned the dowry system as a social evil, emphasizing its deeply rooted gender bias and the need for its elimination. It has repeatedly stressed the need for serious implementation of anti-dowry laws and for enforcement agencies to act firmly. State and local police often try to “resolve” dowry complaints through “mediation”, especially in small towns or villages.
However, the main hurdles are slow and inadequate investigations. Many dowry-related cases are marred by delayed investigations or improper handling, leading to few charge sheets being filed. A significant number of cases result in acquittals or are discharged, often due to insufficient evidence. There are also concerns raised in courts and petitions about the misuse of dowry laws, particularly in cases of alleged false dowry complaints.
The main concern, however, is the unchanged rate of dowry deaths. This has led to pressure for reforms in dowry and domestic violence laws. Reforms suggested by various judicial forums include setting up fast-track courts dedicated to dowry death cases to expedite trials and reduce the delay in the justice system. Victims of dowry harassment should be provided with easier access to legal aid, and social awareness campaigns targeting the negative impacts of dowry could help change societal attitudes over time, reducing dowry-related violence.
Here’s the bitter, inescapable conclusion. The NCRB data shows that an overwhelming 60,577 cases of dowry deaths were pending in courts at the end of 2022. Of the 3,689 cases where a trial was completed that year, only 33 percent resulted in convictions. More tellingly, of the 6,161 new cases sent for trial in 2022, a mere 99 saw convictions, a rate of less than two percent, undermining the chance of any immediate conviction in cases like Nikki Bhati’s.
—The writer is former Senior Managing Editor, India Legal magazine