THE LAW AGAINST DOWRY IN INDIA Dowry is a regressive social practise. It is prevalent across cultures in various forms. In Indian societ...
THE LAW AGAINST DOWRY IN INDIA
Dowry is a regressive social practise. It is prevalent across cultures
in various forms. In Indian society, Dowry has existed for a very long time and
evolved out of the practise of ‘Stree-dhan’ – money and gifts given to a bride
at the time of marriage towards her future security in the matrimonial house. A
more common term for Dowry is the Arabic word – ‘Dahez’. Indian house-holds are
not strangers to the exploitation meted out on women and her family in name of
Dowry. Dowry practise is one of the fundamental reasons behind rampant female
infanticide, foeticide, low sex-ratio and girl-child illiteracy in our society.
Exploitation in name of dowry has percolated to the level of family and individual
mindset. Such exploitation has taken socio-cultural forms and unfortunately,
even leads to dowry related deaths among married women. Cases of bride-burning
and grievous injury to the new daughter-in-law are very common in our society.
As a matter of fact, it has been reported that highly educated households also
indulge in dowry practise and dowry related exploitation.
Seeing the rising number of cases of Dowry exploitation and deaths, the
Government of India introduced the Dowry Prohibition Act in 1961. However, it
largely failed to achieve its objective as Dowry has become a part of marriage
ceremony itself. Given this fact, the Government again introduced the Dowry the
Maintenance of Lists of Presents to the Bride and the Bridegroom Rules, 1985.
Further, to address the growing problem of dowry deaths in India, changes were
made in the Indian Penal Code to punish offenders involved in dowry related
exploitation as well as dowry death and dowry murder. In addition to this, the
Domestic Violence Act of 2005 also provides for civil remedy against dowry
related domestic violence.
What is Dowry?
In simple terms, dowry refers to any consideration paid towards marriage
by the Bride and her family to the Groom and his family. Such consideration can
take various forms as stated earlier. Under the Dowry Prohibition Act, Dowry is defined as a demand for
property or valuable security given or agreed to be given either directly or
indirectly by one party to the marriage to the other party, parents of either
party or any other person, at the time of marriage, before or after the
marriage.
This property can be in the form of durable goods, cash, and real or
movable property that the bride's family gives to the bridegroom, his parents
and his relatives. It can also be electrical appliances, furniture, crockery,
vehicles and household items etc. It is important to note here that ‘mahr’ and
‘dower’ are not considered dowry under the Dowry Prohibition Act 1961.
However, the act distinguishes between dowry and gifts given at the time
of marriage. Thus, any presents given at the time of marriage to the bride,
without any demands from the Groom's side are not considered Dowry. However, if
such gifts/presents are not of customary nature (For example, gold-bangles and
silver jewelry is considered as customary, but this can vary from family to
family based on their personal traditions) or of excessive value w.r.t the financial status of the bride's family, then such presents may be considered as
Dowry.
In order to prevent misuse of this provision, the Government
introduced The Dowry Prohibition (Maintenance of Lists of Presents to the Bride
and Bridegroom) Rules, 1985. According to this, the following rules must be adhered
to by both parties at time of marriage:
(1) The list of presents which are given at the time of the marriage to
the bride shall be maintained by the bride.
(2) The list of presents which are given at the time of the marriage to
the bridegroom shall be maintained by the bridegroom.
(3) Every list of presents shall be prepared at the time of the marriage
or as soon as possible after the marriage;
(4) Such list shall be in writing & shall contain:
(i) A brief description of each present;
(ii) The approximate value of the present;
(iii) The name of the person who has given the present; and
(iv) whether the person giving the present is related to the bride or
bridegroom, a description of such a relationship;
(5) Such a list shall be signed by both the bride and the bridegroom. They
may also get the list signed by any relative or any person witness to such
exchange of gifts.
Is taking Dowry illegal?
The Dowry Prohibition Act has criminalized not only taking of dowry but
also demanding and giving of dowry. Such demand and giving can be direct or
indirect. According to the Act, if any person gives or takes or abets the
giving or taking of dowry, he/she shall be liable for punishment not less than
five years and a fine of not less than fifteen thousand rupees or the amount of
value of such dowry, whichever is more.
Demanding of dowry is punishable with six months or up to two years and a
fine of up to ten thousand rupees. Further, advertising in any newspaper, periodical, journal, or through
any other media w.r.t possible dowry or consideration for marriage is also
banned by the act and made punishably. Any agreement for giving or taking of
dowry is void-ab-initio.
Any person who is aggrieved by the offense or a parent or other relative
of such person or any recognized welfare institution or organization can file a
complaint to the police or judicial magistrate of the first class under the act.
What is the Law against Dowry
related exploitation?
Dowry related cruelty and violence is very common in Indian Society. Such cruelty and violence can take the form of domestic violence, exploitation, mental harassment, and in some cases dowry death and dowry murder as well. In order to prevent such criminal activities, the Indian Penal Code, 1860 provides various remedies.
Section 304-B:
Where the death of a woman is caused by any burns or bodily injury or
occurs otherwise than under normal circumstances within seven years of her
marriage and it is shown that soon before her death she was subjected to
cruelty or harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called “dowry death”
and such husband or relatives shall be deemed to have caused her death. Whoever
commits dowry death shall be punished with imprisonment for a term which shall
not be less than seven years but which may extend to imprisonment for life.
Section 498-A:
Whoever, being the husband or the relatives of the husband of a woman,
subject a woman to cruelty shall be punished with imprisonment for a term which
may extend to three years and shall also be liable to fine. This includes harassment of the woman with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable
security.
Section 3(b) of DV Act, 2005:
The Domestic Violence Act, 2005 provides a civil remedy to protect women
against domestic Violence due to dowry demand. Any act, omission or commission
or conduct of the respondent shall constitute domestic violence in case it
harasses, harms, injures or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful demand for
any dowry or other property or valuable security;
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