THE GAP BETWEEN STATUTE AND SOCIETY: WHY DOWRY PERSISTS SIX DECADES EVEN AFTER ENACTMENT OF THE DOWRY PROHIBITION ACT, 1961

AUTHOR – PREETISH PANDEY* & DR. ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY

** PROFESSOR AT AMITY UNIVERSITY

BEST CITATION – PREETISH PANDEY & DR. ARVIND KUMAR SINGH, THE GAP BETWEEN STATUTE AND SOCIETY: WHY DOWRY PERSISTS SIX DECADES EVEN AFTER ENACTMENT OF THE DOWRY PROHIBITION ACT, 1961 INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 75-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Dowry, an ancient practice that has been a social and economic factor, is still one of the harshest forms of oppression against women in India. The Dowry Prohibition Act of 1961, although a step towards the eradication of such practices, has not changed the situation seriously; it is either seen openly or it is practiced more secretly, but in both cases, women’s rights and dignity are violated. This paper investigates the history, development, and current situation of dowry in Indian society as well as the effectiveness and limitations of the legislation and the Dowry Prohibition Act. It further suggests the ways to reach a more just and equitable social order.

The research issue is to explore the causes for the continuance of the dowry system which is already pronounced illegal and socially disapproved after such a long time. The inquiry considers the cultural, economic, and psychological factors surrounding the dowry and examines the evolution of the dowry from a typical gift-giving ceremony to a complete exploitation. It further looks into the objectives of the Dowry Prohibition Act, the challenges concerning its implementation, and the broader socio-legal context in which it is situated. The paper will draw upon the law as a tool to demonstrate the gap between law and practice as well as the requirement for cultural change that is beyond legal measures in the dynamic social order of India.

The central research issue can be formulated as:

“How far the Dowry Prohibition Act of 1961has succeeded in curbing dowry issues and what are the social, cultural and institutional factors that are still preventing the Act from being fully implemented?”

The study concludes that even though legal restrictions are necessary, the total abolition of dowry practice still needs an integrated approach comprising legal changes, social awareness, gender sensitization, and community responsibility.

KEY WORDS: Dowry, Dowry Prohibition Act Of 1961, Society, Stridhan, Women, Section 304B IPC, Patriarchy, Gender Norms, Anti-Dowry Laws, Persistance Of Dowry