S.N.D.T.
Women’s University
Law School
Subject:- Dowry Prohibition Law in India
Class :- LLB 1st Year
Name :- Pratiksha Tripal Bhagat
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Index
SR. No. Topic Page No
1 History 3
2 What the dowry is? 4-5
3 Introduction to dowry. 6
4 List of amending acts. 7-9
5 Penalty for demanding dowry. 10-11
6 Reasons for dowry increase. 12-13
7 Dowry Prohibiation 14
8 Conclusion. 15
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History
In India dowry (known as Dahej in Hindi) is the payment in cash or
some kind of gifts given to bridegroom's family along with the bride.
Generally they include cash, Jewellery electrical appliances, furniture,
bedding, crockery, utensils and other household items that help the newly-
wed set up her home.
In India the dowry system has been putting great financial burden on
the daughter’s family. It has been one of the reasons for families and
women in India resorting to sex selection favouring to have a son. This has
distorted the sex ratio of the India (933 females per thousand males) and
have given rise to female foeticide. The payment of a dowry has been
prohibited under The 1961 Dowry Prohibition Act in Indian civil law and
subsequently by Sections 304B and 498a of the Indian Penal Code (IPC).
Dowry originated in the upper caste families as an insurance to the
bride to take care of herself and her children during crisis. The rich and
rajas (kings) used to gift land as dowry. Mumbai was presented as part of
the dowry when Princess Catherine de Braganza of Portugal was married to
King Charles II 1661. The dowry has been considered as 'Stridhan' where
'stri' means women and 'dhan' means 'wealth'.
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What the dowry is?
Dowry (dahej) is one of the most ancient practices of India.
Punishment Dowry system is as old as man is. The dowry system is a social
evil. it is prevalent in all parts of India and almost in all the countries of the
world. In India many of the traditional customs have been given up, but the
custom of dowry never ends. It is the cash, precious jewellery and other
important thing given to the daughter in her marriage. This evil is found in
almost every community. Now dowry is demanded by the groom's parents
and marriage takes place only if a certain amount of dowry is paid by the
bride’s parents. Today dowry is given as compensation to the groom's.
India is suffering from many social evils and superstitions. Dowry System
is one of them.
Parents ask for the amount they have spent in educating and
upbringing their son. It is also considered a status symbol. Especially in the
high class and generally the items of dowry are flaunted and hyped by both
parties. Many young women commit suicide because of this system. Their
parents cannot collect the required fund. To fulfil the demands of the girl's
in laws they borrow money or even sometimes they put their property on
mortgage. It has become truly difficult to find the suitable match for the
girl without giving the demanded dowry. Nowadays, marriage has become
a kind of business and misuse of girls parents. The parents those boys are
highly educated and getting handsome package demand enormous dowry
for marriage of rheir son. The demand of dowry is according to the
qualification of the boy. Even today when there are broad minded people
still the system of dowry has not being abolished. Marriages are longer the
combination of hearts; it is just the kind of business transaction. Even the
rich parents of the boy do not feel shame in begging dowry. The system of
dowry in India is a very serious matter and a black spot on the Indian
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society. Except India the dowry system is not found in any other country.
From this it could be easily observed that the women are not treated equally
and fairly as men. After marriage also they are treated badly and harassed
by her in laws for dowry. And still there is no end of it.
Dowry system is against the law of equality between man and woman.
Today dowry is considered as the crime, both giving and taking. Thousands
of cases has being observed every year but only few of them put to court
for not only contined, but flourished over the years.
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Introduction to dowry
The basic definition of dowry has remained unclear. As discussed by
Menski (1998), there are definitely several concepts of dowry which
interlink with each other.
Some writers have defined dowry as wealth given to a daughter at
her marriage for contributing to the practical life of the newly married
couple. They are transfers given from parents to the daughter to take with
her into marriage. Technically, the property belongs to the wife and ought
to stay within her control, Though the husband usually has rights of
management. Corresponding to the spirit of the dowry institution, Dowry
given to a wife ought to form part of the conjugal estate, to be enjoyed by
husband and wife and to be transmitted in time to their children.
Another definition to dowry is the property a woman brings to the
marriage partnership. In this meaning, dowry can be the dowry a bride
receives from her parents. Property she previously inherited and brings to
the marriage. or property she owns as a widow and brings when she
remarries (Nazzari, 1991; Birge. 2002).
Dowry has also been referred to as a gift or transfer by a bride's family
to the groom or his family at the time of marriage. Dowry as bequest have
given way to groomprice, a direct transfer to the groom. in numerious
historical instances (Anderson, 2007). This form of transfer has been
termed by M. N. Srinivas. leading Indian Sociologist. as "new dowry"
(Menski. 1998) and Anderson (2003) as "real dowry payments". Studies
have shown that the crux of the dowry problem appears to lie with this
particular concept of dowry (Menski, 1998; Dalmia and Lawrence. 2005.
etc.).
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List of amending acts
l. The Dowry Prohibition (Amendment) Act, 1984.
2. The Dowry Prohibition (Amendment) Act, 1986.
(l) This Act may be called the Dowry Prohibition Act, 196l.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
(3) It shall come into force on such date 'as the Central Government
may by notification in the Official Gazette. appoint.
l. Came into force on 1-7-196l vide S.O. 1410,
dated 20-6.1961.
In this Act "dowry" means any property or valuable security given or
agreed to be given either directly or indirectly.
(a) By one party to a marriage to the other party to the marriage.
or (b) By the parent of either party to a marriage or by any other
person. to either party to the marriage or to any other person, at or before or
any time after the marriage in connection with the marriage of the said
parties, but does not include dower or mahr in the case of persons to whom
the Muslim Personal Law (Shariat) applies.
(i) The word 'dowry' should be any property or valuable given or
agreed to be given in connection with the marriage. The customary
payments in connection with birth of child or other ceremonies are not
involved within ambit of dowry; Satbir Singh v. State of Punjab. AIR 2001
SC 2828.
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(ii)Dowry in the sense of the expression contemplated by Dowry
Prohibition Act is a demand for property of valuable security having an
inextricable nexus with the marriage, i.e., it is a consideration from the side
of the bride's parents or relatives to the groom or his parents and/or
guardian for the agreement to wed the bride-to-be. But where the demand
for property or valuable security has no connection with the consideration
for the marriage. it will not amount to a demand for dowry; Arjun
Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273.
(iii) Any property given by parents of the bride need not be in
consideration of the marriage, it can even be in connection with the
marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal,
1994 Cri LJ NOC 255 (A11).
(iv) The definition of dowry is wide enough to include all sorts of
properties, valuable securities, etc., given or agreed to be given directly or
indirectly; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri
U 563 AP HC.
(v) There had been no agreement between either parties to give any
property or valuable security to the other party at or before or after the
marriage. The demand of T.V., refrigerator, gas connection, cash of Rs.
50,000 and 15 tolas of gold are not demand of dowry but demand of
valuable security in view of section 2; Shankar Prasad Shaw v. State,I
(1992) DMC 30 Cal.
(vi) While dowry signifies presents given in connection with marriage
to the bridal couple as well as others, Stridhan is confined to property given
to or meant for the bride; Hakam Singh v. State of Punjab, (1990) 1 DMC
343.
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(vii) Dowry, means, any properly given or agreed to be given by the
parents of a party to the marriage at the time of the marriage or before
marriage or at any time after the marriage in connection with the marriage.
So, where the husband had demanded a sum of Rs. 50,000 some days after
the marriage from his father-in-law and on not being given became angry,
tortured the wife and threatened to go for another marriage, it was held that
the amount was being demanded in connection with the marriage and it
was a demand tor dowry though it was demanded after the marriage; Y.K.
Bansal v. Anju, All LJ 914.
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Penalty for demanding dowry.
Penalty for demanding dowry:- If any person demands, directly or
indirectly, from the parents or other relatives or guardian of a bride or
bridegroom. As the case may be, any dowry, he shall be punishable with
imprisonment for a term which shall not be less than six months, but which
may extend to two years and with fine which may extend to ten thousand
rupees.
Provided that the Court may for a adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a term
of less than six months.
(i) The mere demand of dowry before marriage is an offence;
(ii) The offence of demanding dowry stood committed even before the
marriage was performed and also when the demand was repeated again and
again after the performance of marriage in respect of the same items of
dowry;
(iii) The deceased had before being set on fire by her in-laws written
a letter to her father that she was being ill-treated, harassed and threatened
of dire consequences for non-satisfaction of demand of dowry. Thereby
proving that an offence of demanding dowry under section 4 had been
committed;
(iv) There had been no agreement between either parties to the
marriage nor their relations to give any property or valuable security to the
other party at or before or after the marriage. Held that the demand of TV,
refrigerator, gas connection, cash of Rs. 50.000 and 15 tolas of gold will
not amount to demand of dowry but demand of valuable security and the
said offence does not attract section 4 of the Dowry Prohibition Act;
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(v) Furnishing of a list of ornaments and other household articles at
the lime of settlement of marriage amounts to demand of dowry and
accused are liable to be convicted under section 4.
(vi) Section 4 of Dowry Prohibition Act is not ultra virus nor does it
contravene articles 14. 19. 21. V. of the Constitution;. Union of India. I
(1991) DMC 117 all.
l. Subs. bv Act 63 of 1984. sec. 4. for section 4 (w.e.f. 2-10-1985.
Ban on advertisement .- If any person .
(a) Offers through any advvtisement in any newspaper. Periodical.
journal or through any other media. any share in his property or of any
money or both as a share in any business or other interest as consideration
for the marriage of his son or daughter or any other relatives.
(b) Prints or published or circulates any advisement referred to in
clause (a), he shall be punishable with imprisonment for a term which shall
not be less than six months. but which may extend to five years. or with
fine which may exicnd to fifieen thousand rupees. Provided that the Court
may. for adequate and special reasons to be recorded in the judgment.
impose a sentence of imprisonment for a term of less than six months.
2 Ins. bv Act 43 of 1986, sec.4 (w.e.f. 19-11-198h). t for giving or
taking dowry to be void Any agreement for the giving or raking of dowry
shall be void.
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Reasons for dowry increase
Reasons for Dowry Increase Those who make a case for a stringent
anti-dowry law on the ground that dowry amounts are rising exponentially
forget that among many families in the dowry practicing groups. standards’
of living have also risen dramatically. Up to my grandmother's time, dowry
consisted of clothes for the bride. gold or silver jewellery. Several sets of
bedding. cows. buffaloes and bedsteads, cots or peedha'; and perhaps a
wooden closet. Some communities also gifted a portion of land - a tradition
still common in regions like Andhra. By the time of my mothef s wedding,
sofa sets and dressing tables had become mandatory and dinner sets and tea
sets were included along with kitchen utensils. Watches, wall clocks and
radio sets also became common because by then all these items had
become customary parts of middle class life. Today refrigerators, air
condirioners, automobiles and a whole range of gadgetry are an integral
part of upper class and upper middIe class dowries because these families
use many of these conveniences in their daily lives.
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Dowry Prohibiation
In response to the criticism of the dowry system the Indian
government acted in 1961 by legislating the Dowry Prohibition Act in
1961. The Dowry Prohibition Act outlawed the practice of the dowry
system; however, it is realized in India that the practice still exists. Today,
many dowries are accepted directly but more commonly through indirect
means. The law can also be circumvented as gifts given without
precondition are still considered legal.
The Dowry Prohibition Act does not outline punishments for
participating in the dowry system; these punishments include imprisonment
or a fine. The fine usually is 5000Rs and the term of imprisonment will not
exceed six months. The Dowry Prohibition Act also prompted more
awareness of the potential harm to women. ln the past instances had been
known where the bride had been burnt to death when an insufficient dowry
was presented so that the groom could remarry. In light of these situations
the government now investigates the death of recent brides particularly if
the death is believed to be a suicide. There is no charge or penalty for filing
a false case of dowry death. The charge of dowry death can be considered
within seven years of the suspected death and the charge is prompted
through evidence of suspected mistreatment prior to the death. The charge
of dowry death carries a sentence ranging from seven years of
imprisonment up to life.
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Conclusion
The dowry system is a multi-faceted issue that is neither
straightforward nor constant. Definitions apart, there are many variations to
the practice of dowry payments -the size, form and function of payments, it
is content and time specific; dowry can be a security blanket for married
women by giving them a fund of their own. but it has also been used to
indicate the low status for women by reinforcing patriarchal cultures and
leaving women vulnerable to violence. It had been demonstrated hat
dowry-paying societies tend to have more complex societal structures.
Substantial socioeconomic differentiation and class stratification and
monogamous, virilocal, matrilineal and endogamous marriage practices.
These societies also typically feature low female contribution to agriculture
and high levels of dependence of women and children on husband's
economic support.
In contrast to Brazil and China as well as most other dowry-oriented
societies in which payments have declined with modernization, dowries are
still widely popular in South Asia. Moreover dowry has been labelled and
criticized as a "problem" as it serves to empower men and disempowered
women in relative to one another.
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