The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the system of "streedhan". However, very often the woman is harassed by the family of the groom on account of dowry. This leads to the woman taking extreme steps, that may lead to her death. This article discusses the law of dowry and and its adjudication.
The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the system of "streedhan" (women's share of parental wealth given to her at the time of her marriage).
As a woman had no right to inherit a share of the ancestral property, streedhan was seen as a way by which the family ensured that she had access to some of its wealth. There is no clear proof as to when this practice was first started in India.
What began as gifts of land to a woman as her inheritance in an essentially agricultural economy today has degenerated into gifts of gold, clothes, consumer durables and large sums of cash, which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The dowry is often used by the receiving families for business purposes, family member's education, or for the husband's sister. The transaction of dowry often does not end with the actual wedding ceremony as the family is expected to continue to give gifts.
In the course of time, dowry has become a widespread evil and it has now assumed menacing proportions. Surprisingly, it has spread to other communities, which were traditionally non-dowry taking communities. With the increasing greed for the easy inflow of money on account of a bride, the chilling stories of bride burning started coming to light.
With a view to eradicate the rampant social evil of dowry from the Indian society, Parliament in 1961 passed the Dowry Prohibition Act which applies not merely to Hindus but all people, Muslims, Christians, Parsees and Jews. It extends to the whole of India except the State of Jammu and Kashmir.
Dowry is defined as any property or valuable security given or agreed to be given, either directly or indirectly:
BAN ON ADVERTISEMENT
Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto RS. 15,000 (Fifteen thousand).
DOWRY AGREEMENTNOT VALID
An agreement for giving and taking of dowry shall be void
Pending such transfer, that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman, dowry shall be transferred to her children or her parents.
If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine, which shall not be less than RS. 15,000 (Fifteen thousand) or with both.
Giving, taking and demanding dowry is a criminal offence under the Dowry Protection Act and the Indian Penal Code. Under the Dowry Prohibition Act, only Metropolitan Magistrate or the Magistrate of the first class is competent to try these offences
A Complaint may be made in the following manner:
1. A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following
The Code of Criminal Procedure shall apply to offences under the Dowry Prevention Act as if they were cognizable offences (cognizable offence is one in which a police officer may arrest without warrant)
Every offence under this Act is a non bailable and non compoundable offence (that cannot be compromised or settled out of court, between the complainant and the accused, at any stage of the trial)
BURDEN OF PROOF
Where any person is prosecuted for taking or abetting the taking of any dowry or the demanding of dowry, the burden of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant/prosecutor. This onus has been shifted in certain specific offences such as Dowry, Rape, etc.).
PENALTY FOR TAKING OR GIVING DOWRY
The giving, taking or even abetting to give or take dowry amounts to an offence punishable with imprisonment for not less than 5 years and with fine which shall not be less than RS. 15,000 (Fifteen thousand) or the amount of value of the dowry, whichever is more.
PENALTY FOR DEMANDING DOWRY
If any person demands, directly or indirectly, from the parents or other relatives of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with an 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 RS. 10,000 (ten thousand)
LIMITATION
There is no period of Limitation for filing a complaint under the Dowry Protection Act. For example: If a person was harassed for dowry in the year 1996 she can file a complaint in the year 2001 or even later as for prosecution under the Act bar of limitation has been removed.
DOWRY PROHIBITION OFFICERS
The Act also empowers the State Government to appoint Dowry prohibition officers and they have the following powers and functions.
The Indian Penal Code provides that where any women dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a Dowry death. The husband or the relative shall be deemed to have caused the death of the women. The offence is punishable with imprisonment of not less than seven years (Section 304B Indian Penal Code).
Cruelty/Harassment Towards Women
Whoever, being a husband or relative of the husband, subjects such women to cruelty, they shall be punished with imprisonment for a term of three years.
Cruelty has been defined as: