This article has been written by Ms. Tooba Shahid, a 2nd year student of S.S Khanna Girls’ Degree College, University of Allahabad.
Abstract
Dowry-related crimes have always been a serious problem for women in our country which affects the life and dignity of many women, especially in the case of marriages governed by the Parsi Marriage and Divorce Act 1936, which are the Parsi marriages as there is no explicit mention of dowry or dowry-related crimes or the legal consequences. This article tries to discuss the legal consequences of dowry-related crime in Parsi marriages and tries to look for the provisions related to dowry related crime in other general laws like the Protection of Women from Domestic Violence Act, The Dowry Prohibition Act and the Indian Penal Code. It also discusses some challenges for the same.
Introduction
The practice of dowry is an evil activity that is not bounded by the religion caste or class. This practice had terrorized many women in India. What is Dowry? It is any good that a woman brings with her in marriage to her husband’s house. It becomes a problem when it is presented as a condition in marriage. Because of this practice, many women have faced problems in their married life. It is prohibited by the laws but still, it is practiced widely. Because of this, crimes surrounding this practice are also increasing like harassment, violence, and even the death of the bride usually by the in-laws. Therefore, this practice becomes a serious violation of ‘Human Rights’ and also it is against the dignity of the women. The laws of our country provide measures for this activity which includes all women regardless of their religion, class, or caste. For dowry-related crimes in Parsi Marriages, the women can find remedy in these laws. This article discusses the legal consequences or outcomes that can be for the dowry-related crimes in Parsi Marriages.
The rules for Parsi Marriage are special and therefore these marriages are governed by a special act called the Parsi Marriage and Divorce Act, 1936 (PMDA). Who are Parsis? They are a small religious group in our country who have faith in Zoroastrianism. They have special customs and traditions and therefore the general rules cannot be applied to them. A marriage under this act becomes valid only if a ceremony called ‘Ashirvad’ is performed by a priest in the presence of two Parsi witnesses other than the priest according to Section 3 clause (a) of this act.
When it comes to Dowry related crimes, the act does not mention directly about that. But for ascertaining the legal consequences we can see that it provides for divorce in case of cruelty, desertion, or bigamy. So, this is the maximum consequence that the other party faces in case of dowry related crime. But is it enough? No, and other laws of our country can be approached in this case irrespective of religion, caste, or class. There are general laws that can be applied to all women like the Protection of Women from Domestic Violence Act, 2005 (PWDVA), the Dowry Prohibition Act, 1961 (DPA), and the Indian Penal Code, 1860 (IPC). In these acts various provisions can grant protection from dowry-related crimes to Parsi women who are victims of dowry-related crime. The court has the power to order protection, compensation, prosecution, punishment, and even return of dowry under these acts. Therefore, these laws can provide relief to Parsi women.
Parsi Marriage and Divorce Act, 1936
This act was enacted in 1936 to regulate the special practices of the Parsi community regarding their customs and traditions. This act regulates the personal and matrimonial matters of the Parsi community. According to section 2 clause (6) of this act, marriage means a marriage between the two Parsis. There are some conditions for the validity of the marriage, one of those is the practice of ‘Ashirwad’. This act provides for punishment for bigamy, registration of marriage, Divorces, etc.
There is no direct provision for the dowry in this act but indirectly it talks about divorce in case of cruelty to the Parsi woman. On this ground, the woman can ask for a divorce and also for compensation under this act. But this is not enough for dowry-related crimes as it needs to be distinctly penalized.
Therefore, there are some drawbacks of these acts, First, there is no explicit provision for dowry-related crime, and neither does it discuss the crimes surrounding the practices of dowry which needs special consideration. Second, there is no mention of the relief that can be given to the victim of Dowry-related crime and also for compensation and other matters, it is left to court discretions. Third, there is no provision for punishment in case of dowry-related crime because of which the husband or his family cannot be punished for dowry-related crimes.
Therefore, we need to look for other laws which provide provisions for these.
Protection of Women from Domestic Violence Act, 2005
This act is a law that protects any type of abuse whether emotional or economic to a woman. This act applies to all women irrespective of their religion. If a Parsi woman is subjected to a dowry-related crime then the court under this act can order for protection, compensation, and punishment.
Dowry Prohibition Act, 1961 (DPA)
The act aims to prevent the social evil of dowry which is a major problem for women in India. This act also takes into consideration the crimes that surround the marriages, especially in the case of dowry. Section 3 of the act, prohibits giving or taking any form of dowry whether directly or indirectly. It also provides for a five-year punishment and a fine of fifteen thousand rupees or the amount of dowry whichever is more. This act also prohibits any form of dowry demand and it can lead to punishment of imprisonment for not less than six months and also a fine of up to ten thousand rupees. Also, section 6, empowers the court to order for return of dowry if it is given or taken in case of marriage.
Indian Penal Code, 1860 (IPC)
This law can also provide for dowry-related crimes in Parsi marriages. It is also applied irrespective of the religion caste or class. Section 304B of the act provides for dowry death, where if a woman dies within seven years of marriage due to any burns or bodily injury other than normal conditions and if it is shown that she was subjected to such condition because of dowry demand then the punishment is not less than seven years which can extend to life imprisonment. Also, in case of cruelty by the husband or the family which results in serious injury to the woman then punishment for this offence is not less than three years and also a fine.
Challenges
The problem here is that the personal law of the Parsis does not mention dowry-related crimes. It is necessary to include it under their laws as other laws cannot be always compatible with their laws. Also, if it is not included under their laws then the other provisions are not always accessible for the Parsi women. The challenges can be social stigma, norms, illiteracy, or lack of awareness.
Conclusion
The practice of dowry is of evil nature which creates many problems for the women in India whether of any religion cast or class. When we talk about Parsi marriages we do not find any explicit mention of dowry-related crimes which is problematic and this needs to be addressed for the protection of the human rights of the women. The other laws of the country can be applicable as they are not explicitly for any special section these apply to all women. Therefore, the act of Protection of Women from Domestic Violence Act, Dowry Prohibition Act, and the Indian Penal Code can be approached for dowry related crimes for Parsi marriages and can be applied as they provide provisions for compensation punishment, etc.
References
1.This article was originally published on Britannica Kids website. The link for the same is herein.
dowry – Students | Britannica Kids | Homework Help
2.This article was originally published on India Code website. The link for the same is herein.
a1936_____3.pdf (indiacode.nic.in)
- Indian Penal Code, 1860
4.Dowry Prohibition Act, 1961
5.Protection of Women from Domestic Violence Act, 2005