Dowry is a destructive social custom. It is widespread across cultures and in diverse ways. For instance, in Indian societies, Dowry has existed for many years and was born out of the tradition of ‘Stree-dhan’, which is gifts and cash presented to brides when she is married for their future protection in the marital household. The more popular term used to describe Dowry refers to the Arabic term Dahez. Indian households aren’t immune to the abuse imposed on women and their families under the name of Dowry. Dowry is among the primary reasons behind the rise of female foeticide, and infanticide as well as the low sex ratio, and girl-child literacy within our culture. The exploitation of dowry has spread to the levels of the family and individual mind. The exploitation of this kind has taken social-cultural forms and often results in dowry-related fatalities among brides. Bride-burning incidents and serious harm to the newlywed daughter-in-law are commonplace within our culture. In fact, there is evidence that families with high education levels also engage in dowry practice and dowry-related exploitative behavior.
With the growing instances of Dowry inflicting harm and even death and deaths, The Government of India introduced the Dowry Prohibition Act in 1961. However, it failed in achieving its goals because Dowry is now a component of the wedding ceremony in and of itself. In light of this, the government implemented Dowry the Maintenance of Lists of Presents to the Bride and Groom Rules, 1985 Dowry the Maintenance of Lists of Gifts to the Bride as well as the Bridegroom Rules, 1985. In addition, to deal with the increasing problem of death from dowry in India there were changes made to the Indian Penal Code to punish those involved in dowry-related exploitative practices as well as dowry murder and death. Furthermore, the Domestic Violence Act of 2005 also offers civil remedies against domestic violence involving dowry.
What is Dowry?
In simple words, dowry is any amount of consideration given to a wedding by the bride and her family members to the Groom and his family. This consideration may take a variety of forms, as mentioned previously. According to the Dowry Prohibition Act, Dowry is defined as the demand to purchase assets or valuable security that is given or consented to be given in a direct or indirect manner by an of the parties to the marriage towards the opposing party the parents of the other party, or any other person prior to or after the marriage, either prior to or following the wedding.
This property may include durable products or cash. It could also be a tangible or moveable property that the bride’s family donates to the groom along with his parents and relatives. It could also include electrical appliances and furniture, as well as cars, crockery, and other household items, etc. It is important to remember the distinction between’mahr’ and “dower” aren’t considered dowry in the Dowry Prohibition Act 1961.
The act does however distinguish between gifts and dowry during the marriage. Therefore, gifts presented at the time wedding to the bride with no demands from the groom’s side, are not considered to be Dowry. However, it is not a Dowry if the present or gift is not customary in nature (For instance, gold bangles or silver jewelry are considered to be typical, but it can differ from family to depending on the traditions of each family) or a value that is excessive w.r.t the financial situation of the family members of the bride’s spouse or the family of the bride, then these gifts could be considered to be Dowry.
To ensure that there is no misuse of this law, the government put in place The Dowry Prohibition (Maintenance of Lists of Gifts for both the bride and Bridegroom) Rules, 1985. In this regard the following rules must be observed by both parties during the wedding:
(1) A list of gifts that are presented at the time of the wedding to the bride must be kept with the help of the bride.
(2) (2). The list of gifts that are given out at the time of the wedding to the bridegroom should be kept in the hands of the groom.
(3) The list of gifts should be prepared prior to the date of the marriage, or as soon as possible following the wedding;
(4) The list must be written and include:
(i) An overview of every present
(ii) A rough estimate of value for the current
(iii) (iii) The person’s name that made the present the present
(iv) (iv) whether the person who is giving the present is associated with the bride or groom (iv) a description of the an association;
(5) This list must be signed by the bride and groom. You may also request it signed by any of their relatives or other person who has witnessed the gift exchange.
Is the practice of taking Dowry in violation of the law?
Dowry Prohibition Act Dowry Prohibition Act has criminalized not only the taking of dowry, but also requiring and giving dowry. This kind of demand and giving could be indirect or direct. As per the Act that if a person makes, accepts or aids in the taking or giving of dowry, they will be punished not more than five years in jail and an amount of fine not less than 15 million rupees or the value of the dowry, whichever is greater.
The demand for dowry can be punished by six months as well as up to two years in prison and the possibility of a fine of up 10000 rupees. Advertising in any journal, newspaper, or periodical or other medium w.r.t the possibility of dowry or the possibility of marriage consideration is prohibited by the law and punished accordingly. Any contract that involves the making or receiving of the dowry is unenforceable from the start.
Anyone who is affronted by the offense and/or a parent another family member of that person or any other recognized welfare establishment or group can make an appeal to the police or the judicial magistrate for the first class of the law.
What’s the law against Dowry-related exploits?
Violence and cruelty relating to dowry are quite typical violence and cruelty in Indian Society. This kind of violence and cruelty could manifest as domestic violence and exploitation, mental harassment, and, in certain cases, the death of a dowry victim and murder and murder. To prevent these crimes to stop such crimes, the Indian Penal Code, of 1860 offers a variety of options for dealing with the problem.
Section 304-B:
When an individual’s death is caused by injuries to her body or burns or is not a result of normal circumstances within the first seven years after her marriage and it is proven that, prior to her death she was subjected the harassment of the husband or any of the relatives of her husband due to and in relation to any dowry-related demand or other dowries. The death is known as “dowry death” and such spouse or family members will be deemed to be the ones responsible for the death of her. If someone dies due to dowry, they will be punished by jail for a term that is not under seven years in length, but that could extend to life-long imprisonment.
Section 498-A:
If a man, who is the husband or a relative of the wife’s husband subject a woman to cruelty is punished with prison time that could extend to 3 years and will be also liable to be fined. This is a violation of a woman’s rights in the hope of coercing her or anyone else associated with her to pay any illegal demand for property or other valuable security.
Section 3(b) of DV Act, 2005:
The Domestic Violence Act, of 2005 offers an avenue of civil recourse to protect women from domestic violence caused by dowry demands. Every act or omission, act or behavior of the person who is being sued shall be considered domestic violence if it threatens, harasses or causes injury to the victim in order to force her or anyone else who is related to her to fulfill any unjustified demand for money, assets or valuable security.
