The Supreme Court on Monday observed that the social practice of dowry has diffused into Muslim marriages, and has hollowed out the original protective intent of 'mehr', a mandatory Islamic bridal gift from groom to bride.

 The court made the remarks while setting aside an Allahabad High Court order that had acquitted a husband and his mother in a dowry death case, contrary to the findings of the trial court.

 A bench comprising Justices Sanjay Karol and N K Singh restored the trial court’s view that a 20-year-old woman was burnt alive for failing to meet dowry demands of a coloured television, a motorcycle and ?15,000.

The bench said what began as a voluntary practice of gifting to a daughter at marriage, meant for her own use and financial independence, had over time “morphed into an institutionalised practice”.

Setting out the facts, the judgment said a young woman, barely 20 years old, lost her life in a “most heinous and painful” manner solely because her parents lacked the means to satisfy the material demands of her marital family.

“A coloured television, a motorcycle and ?15,000 is all she was apparently worth,” the court said.

 The deceased, Nasrin, was married to Ajmal Beg and was the daughter-in-law of Jamila Beg. The marriage had lasted just over a year before the incident. The court recorded that Ajmal, Jamila and other family members repeatedly demanded a television, a motorcycle and cash from Nasrin and her father.

On June 4, 2001, Ajmal reiterated these demands and again expressed dissatisfaction when they were not met. The next day, the accused allegedly assaulted Nasrin and threatened to kill her if the demands were not fulfilled.

Though neighbours reached the spot after she raised an alarm, the accused had already poured kerosene on her and set her on fire. She did not survive.

The Supreme Court said that gift-giving during marriage had become closely tied to the idea of 'hypergamy', a social practice of marrying into a family of 'higher' status.

On June 4, 2001, Ajmal reiterated these demands and again expressed dissatisfaction when they were not met. The next day, the accused allegedly assaulted Nasrin and threatened to kill her if the demands were not fulfilled.

Though neighbours reached the spot after she raised an alarm, the accused had already poured kerosene on her and set her on fire. She did not survive.

The Supreme Court said that gift-giving during marriage had become closely tied to the idea of 'hypergamy', a social practice of marrying into a family of 'higher' status.

Rejecting the notion that dowry is confined to Hindu society, the court said the practice is also found in other religious communities.

“In Islam, dowry in the strict sense is prohibited,” the judgment said, explaining that 'mehr' is a mandatory gift from the groom to the bride and an essential component of the 'nikah'. The 'mehr' belongs solely to the bride and cannot be reclaimed by the husband or his family.

Citing the Quran, the court referred to Surah An-Nisa (4:4): “And give the women their bridal gifts graciously.” It said the purpose of 'mehr' is both symbolic and practical, ensuring dignity and financial security for women within marriage.

The court said dowry entered Muslim marriages in the subcontinent through cultural assimilation, social emulation and inter-community influence. Over time, marriage market pressures, including competition for higher-status grooms and changing social aspirations, encouraged families to provide substantial dowry.

As a result, 'mehr' and dowry came to coexist in complex ways. In many Muslim marriages, 'mehr' is fixed only in nominal terms, while real financial transfers flow from the bride’s family to the groom.

“This effectively hollows out the protective function of 'mehr',” the court said, adding that dowry often ends up under the control of the husband or his family. This shift leaves women economically vulnerable, particularly in cases of divorce or widowhood.

The bench said dowry imposes a heavy financial burden on the bride’s family and has been linked to harassment, domestic violence and dowry deaths across communities.

Calling the issue a constitutional and social concern, the Supreme Court said the eradication of dowry is an urgent necessity.