Dowry Harassment: Rights and Protections for Women

In India, Dowry demands remain a major cause of cruelty, violence, and even deaths of married women. To curb this, the law provides strong protections under:

• Bharatiya Nyaya Sanhita, 2023 (BNS)
• Dowry Prohibition Act, 1961
• Protection of Women from Domestic Violence Act, 2005 (PWDVA)

These laws cover both the husband and his relatives.

What Happens if a Woman Faces Dowry Harassment?

Filing a Case

• Police Station – File FIR under BNS (sec. 80 for dowry death, sec. 85 for Cruelty)
• Magistrate Court – Direct complaint if police refuse.
• Protection Officer – For Domestic Violence Act remedies.
• Women Commissions (NCW/State) – For complaint and monitoring.

Protection She Gets

• No eviction – Under PWDVA, she cannot be forced out of the shared house.
• Residence rights – Court can order her to continue to live in the home or be provided alternative accommodation.
• Protection orders – The Court can stop in-laws from threatening or pressuring her.
• Financial security – Maintenance, monetary relief, and compensation can be ordered.
• Police assistance – Protection Officer can arrange police help.

If She Decides to Leave the House

• Husband and in-laws remain legally liable.
• She can still pursue cases under BNS and the Dowry Prohibition Act.
• She can claim maintenance (BNS Sec. 144).
• She can seek alternative housing, compensation, and protection under PWDVA.

Punishments for Dowry Harassment

FAQs on Dowry Harassment and Women's Rights

Q1. What is considered as dowry harassment?

Demand for dowry, whether in the form of money, property, or gifts, accompanied by cruelty, threats, and physical abuse by the husband or the in-laws, constitutes dowry harassment.

Q2. Which among the existing laws punishes dowry cruelty?

The Bharatiya Nyaya Sanhita, 2023 punishes cruelty by a husband or his relatives under section 85, for the purpose of dowry.

Q3. What happens if there are suspicious circumstances surrounding the death of a woman within 7 years of marriage?

The incident can be categorised as a dowry death under BNS Sec. 80, which is punishable by 7 years to life imprisonment.

Q4. Who can be punished in a dowry case?

Both the husband and his relatives (i.e., mother-in-law, brother-in-law, father-in-law) will be punished in case they harass a woman or demand dowry.

Q5. Can in-laws be punished if they did not live with the couple?

Yes, if there is proof that they indeed demanded dowry or pressured for dowry.

Q6. Where should she lodge her complaints?

At the nearest police station. If the police refuse, she may go to a Magistrate Court or the Women's Commission.

Q7. Is she going to be thrown out after filing the case?

No. Under the Protection of Women from Domestic Violence Act, 2005, she is entitled to live in the shared household.

Q8. What will happen if she herself leaves the house on account of harassment?

If she chooses to leave because of harassment, she would still have rights. She can claim maintenance, alternative housing, and compensation from her husband.

Q9. Will the law prohibit her from immediate safety?

Yes. Protection Orders can be issued by magistrates restraining the threats, and police are to provide her protection.

Q10. What would happen to dowry items (like gold or gifts)?

Dowry Items can be recovered by the police, seized, and returned to the woman.

Q11. What other financial reliefs are available?

She may claim any or all of the following:

• Maintenance (monthly support)
• Compensation for mental and physical suffering
• Monetary relief for expenses

Q12. Will she get custody of children if she chooses to leave her marital home?

Yes. Under the provisions of PWDVA, custody orders will be granted in her favour by the Magistrate.

Q13. How long can a husband or his in-laws be sent to jail for dowry harassment?

Cruelty (BNS Sec. 85): up to 3 years + fine
Dowry death (BNS Sec. 80): 7 years to life
Dowry demand (Dowry Prohibition Act): 6 months–5 years + fine

Q14. What emergency helpline comes in handy?

181 – Women Helpline.
112 – Police Emergency.

Q15. Can a woman file an online complaint?

Yes. She can file through the National Commission for Women (NCW) or State Women's Commission websites.