‘Why Do Boys Marry And Then Insult…?’: Supreme Court’s Strong Remarks In Dowry Harassment Case

New Delhi: The Supreme Court issued strong remarks against dowry harassment on Friday while refusing to award relief to the husband's family members convicted in a 2010 dowry killing case in Chhattisgarh.  

“Why do boys marry girls and then insult them and their families? Let a message go out that they cannot continue insulting the bride and her family,” Justice BV Nagarathna observed during the hearing. 

The Bench, which also included Justice Ujjal Bhuyan, refused to overturn the findings of the trial court and the Chhattisgarh High Court, both of which affirmed convictions under Sections 304B (dowry death), 306 (abetment of suicide), and 498A (cruelty and harassment) of the Indian Penal Code.

Woman died by hanging within three years of marriage

The case involves the death of a woman by hanging within three years of her marriage. The prosecution claims that the woman was exposed to chronic harassment and repeated dowry demands by her husband and in-laws. The demands allegedly included cash and a car.

The trial court ruled that the widow died under unnatural circumstances within seven years of marriage, triggering the statutory presumption of dowry death. The woman's family's statements described frequent cash demands and mistreatment "soon before" her death.

Medical evidence also revealed that the woman died from suffocation caused by hanging. However, the judges found an association between the woman's murder and the relentless dowry requests, purported payments made just before the tragedy, and ongoing harassment.

‘Attempt is to squeeze the bride and her family’

The deceased woman's younger brother-in-law filed an appeal with the Supreme Court, seeking relief from his conviction under Section 498A IPC. His attorney argued that only the offence under Section 498A had been charged against him, and that the allegations against him were insufficient to establish the conviction.

The Bench was not convinced. “You should be happy that it is only 498A and only three years,” Justice Nagarathna remarked. Highlighting what the court described as a recurring pattern in matrimonial homes, Justice Nagarathna said, “Attempt is to squeeze the bride and her family.”

Referring to the allegations before the court, she further observed, “What exactly did the boy’s family say? You people are beggars; you cannot pay. The girl’s family was pleading to save their daughter and they were being called beggars.”

When the petitioner’s counsel tried to respond, Justice Nagarathna interrupted, saying, “You should have kept quiet. Bride’s father said they can give Rs 60k and you call them beggars?”

Supreme Court dismisses appeal, links hearing to larger concern over dowry abuse

The petitioner’s counsel also argued that there had been a delay in filing the FIR, but the court refused to accept the argument. “Let the message go. This is how brides are treated,” the Bench observed.

Justice Bhuyan also expressed concern over the normalisation of such behaviour, remarking, “These are educated people.” The Supreme Court eventually dismissed the appeal and upheld the convictions recorded by the lower courts.

The hearing takes place at a time when there is huge outrage over the death of Twisha Sharma, who was discovered hanging at her marital home in Bhopal five months after her wedding. Twisha's family has accused her husband Samarth, a lawyer, and her mother-in-law Giribala Singh, a former judge, of dowry demands and abuse. The accused has denied the claims.

On Monday, the CBI formally took over the case and re-registered the FIR lodged by the Madhya Pradesh Police against Samarth and Giribala Singh. Samarth, Singh's lawyer and son, is already in the custody of the central agency.