This article has been written by MS. KHAN GULFASHA BANU WAHID a Second year BA.LLB Student from HVPS COLLEGE OF LAW.
INTRODUCTION:
A dowry is a payment, such as property or money, paid by the bride’s family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment by the groom, or his family, to the bride, or her family, dowry is the wealth transferred from the bride, or her family, to the groom, or his family. Similarly, dower is the property settled on the bride herself, by the groom at the time of marriage, and which remains under her ownership and control.
According to the National Crime Records Bureau of the Ministry of Home Affairs, the number of crimes reported was 53,860 in 1987. It rose to 74,903 in 1991. For the same years, the numbers of dowry death cases were 1,912 and 5,157 respectively. In the category of “cruelty by husbands and his relatives” the rise was from 11,603 to 15,949.
However, the bureau claimed that there was a decline in dowry deaths in recent years. In 2001, the figure was 6,851; in 2002 it was declined to 6,822 and in 2003 it was 6,285. Similarly, complaints of dowry of dowry harassment and related atrocities declined from 7000 in 2002 to 5,700 in 2003 and in 24771 reported in last three years. The parents of a girl have to pay a heavy price in the name of dowry to the parents of the bridegroom, if they want to see their daughters in comfortable position in the family of their in-laws. Exorbitant amounts in the form of cash and luxury items are demanded and have to be paid by the bride’s parents even if they are unable to afford it. So, the marriage of a daughter means complete financial ruin for her parents. The problem is that even after the payment of heavy dowry there is no guarantee that the bride will enjoy a comfortable life in her new family. Additional demands are constantly made and if they are not met with by the parents of the bride, she is subjected to physical and mental torture by her in-laws. Her life becomes miserable. Greed and violence snatch the pleasure of her life. The harassment meted out to the newly married brides and their ill-treatment in the hands of their in-laws not only disturbs the peace of her family but also maligns the very institution of marriage which was once regarded as sacred. It is rather agonising to note that person and honour of their wives or daughter-in-law commit brutally on them with impunity. Today the problem has taken such a worse shape that people do not want to have daughters. Female infanticide and killing of female foetuses through abortion are on the rise. This has increased the gender gap alarmingly. The law to curb the menace of dowry is there but it has proved ineffective. The unabated miseries and injustices caused to the young brides and their parents prompted the Parliament to bring an antidowry legislation as Dowry Prohibition Act, 1961s in Europe, South Asia, Africa, and other parts of the world.
LEGISLATIVE PROVISION
DOWRY PROHIBITION ACT, 1961
According to Section 2 of the Dowry Prohibition Act 1961, the term “dowry” means any property or valuable security given or agreed to be given either directly or indirectly.
1.By one party to a marriage to the other party to the marriage, or
2. 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 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 the personal law (Shariat)applies.
Section 3 of the Act clearly specifies that a person who gives or takes or even helps in the process of giving or taking of dowry will be punished for not less than 5 years and also has to pay a fine of Rs 15,000 or the amount of the value of dowry whichever is more
According to Section 4 of the Dowry Prohibition Act 1961, either party demanding dowry be a guardian or parent shall be punished for not less than 6 months and which may extend to 2 years, and also a fine of Rs 10,000 is imposed.
According to Section 7, the judicial magistrate of 1st Class or metropolitan magistrate has been empowered for the trial of dowry prohibition act cases. Court’s power to take cognizance is only on reports given either by police or parents or other relatives or its own knowledge.
Under the Dowry Prohibition (Amendment) Act, 1984
The bar of the period of limitation of one years has been done away for filling the complaint under the Act. Now, there is no limitation of period whatever. of Section 304B Indian Penal Code (IPC) says that where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within 7 years of her marriage and it is shown that soon after 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. Whoever commits dowry death shall be punished with imprisonment for minimum terms of 7 years but it may extent to imprisonment of life.
Section 3(1) of this Act was amended in 1984 and 1986, provides that a person who gives, takes or abets dowry, shall be punishable with imprisonment for five years and a fine which shall not be less than Rs.15,000/- or the amount of the value of such dowry, whichever is more. The offence of dowry under the Act is cognizable, non-bailable and non-compoundable. The complaint in a dowry case can be made within ten years of marriage. The court can take cognizance of the offence either Suo motu or on a police report or on a complaint made by the aggrieved person, his/her relatives or parents or by a recognized welfare institution or organisation.
CASELAW:
In State of Rajasthan vs Jaagu Ram , the death of the deceased occurred within one and half years of marriage due to head injuries. Cruel treatment and harassment were meted out to her immediately after her marriage till her death for bringing insufficient dowry. It was held that under such circumstances S.304B will be attracted.
In Shanti vs the State of Haryana, the Supreme Court held that S.304B and 498A are not mutually exclusive. And the meaning of cruelty given in explanation to S.498A having regard to common background to S.304B and S. 498A, can be applied to S.304B. The expression cruelty postulates such treatment as to cause reasonable apprehension in the mind of the wife that her living with the husband will be harmful and injurious to her life.
CONCLUSION:
The fight against the institution of dowry will have to be carried out simultaneously on several fronts. Though legislation is necessary but it will not put an end to dowry, howsoever deterrent punishment may be prescribed for those who demand dowry. The co-operation of the people can be sought only by creating public opinion. The success of all social legislation depends upon the support of the general public. Social understanding may be created by bringing the evils of dowry to the notice of the people through moral as well as formal education. Although educated people also demand more dowry, sometimes for their further studies or for meeting their responsibilities fulfilled. But, youth should be taught the importance of new social values which can be attained only after getting education. The change in the ideas of the people can be brought about by using mass media also. Inter-caste marriages can be suitable for eradicating this social evil. It is high time for Hindu society to put an end to this evil practice which has driven many an innocent maiden to commit suicide. Marriage is a sacramental union, not the business. The sanctity and sublimity of marriage lost by dowry demand. The sooner the dowry becomes the thing of the past, the better for our society.
REFERENCE:
https://www.britannica.com/topic/domestic-violence
Dowry Prohibition Act, 1961
Dowry Prohibition (Amendment) Act, 1984
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