Laws Prohibiting Dowry in India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• “Dowry” is a prevalent custom in Indian society that has negatively impacted the institution of marriage for generations. Despite legislative efforts to curb this practice, its pervasive nature continues to pose challenges.
• Various laws have been implemented to combat dowry practices, but their effectiveness is often limited in comparison to the widespread nature of the issue.
• The article delves into the social and legal ramifications associated with the practice of dowry, shedding light on its multifaceted aspects.

Dowry

Definition of Dowry

Dowry, as defined in the Dowry Prohibition Act of 1961, refers to any property or valuable security given directly or indirectly:

• By one party to a marriage to the other party, or
• By the parent of either party to the marriage or by any other person, to either party to the marriage or to any other person, at or before or after the marriage.
• This definition excludes dower or mahr in cases governed by the Muslim Personal Law (Shariat).

Interpretation of Dowry

• The case of Arjun Dhondiba Kamble v. State of Maharashtra explains that dowry is a demand for property or valuable security related to the marriage. 
• It involves a consideration from the bride's side to the groom or his family for the marriage agreement. Only demands directly connected to the marriage constitute dowry.

Legal Precedent

• In the case of Rajeev v. Ram Kishan Jaiswal, it was established that any property given by the bride's parents, even if not directly related to the marriage, can be considered as dowry.

Dowry Prohibition Act, 1961 in India

In the legal context of India, the Dowry Prohibition Act, 1961, outlines stringent measures to curb the practice of dowry, which has long plagued society. Let's delve into the key aspects of this act.

Who is Considered an Offender?

• The law categorizes both the recipients and givers of dowry as offenders. This implies that not only the groom's family, who accepts dowry, but also the bride's family, who offers dowry, can be held accountable under the law.

Legal Framework Against Dowry in India

• The Dowry Prohibition Act of 1961 explicitly prohibits the practice of giving and taking dowry.
• According to Section 3 of the Act, individuals involved in giving or taking dowry, or abetting the process, are subject to severe penalties. Offenders could face imprisonment for a minimum of five years and a fine of at least fifteen thousand rupees or the value of the dowry, whichever is higher.
• Furthermore, under Section 4, individuals who demand dowry directly or indirectly from the bride or groom's parents, relatives, or guardians can face imprisonment ranging from six months to two years, along with a fine of up to ten thousand rupees.

Legal Precedent

• The judiciary, as exemplified in the case of Pandurang Shivram Kawathkar v. State of Maharashtra, has ruled that even the mere act of demanding dowry before marriage constitutes an offense under the law.

It is imperative to understand and uphold the provisions of the Dowry Prohibition Act to eradicate this social evil and promote gender equality in our society.

Pandurang Shivram Kawathkar v. State of Maharashtra

• In the case of Pandurang Shivram Kawathkar v. State of Maharashtra, it was highlighted that an offence of demanding dowry under section 4 was committed when a woman, before being set on fire by her in-laws, had informed her father through a letter about being ill-treated, harassed, and threatened for not meeting dowry demands.

Bhoora Singh v. State of Uttar Pradesh

• Ban on Advertisement (Section 4-A): This section prohibits the advertisement in any newspaper, journal, or other media offering a share in property, business, money, etc., in exchange for marriage. Violation of this can lead to imprisonment ranging from six months to five years or a fine up to fifteen thousand rupees.
• Cognizance of Offence: Section 7 mandates that a judge not below the rank of a Metropolitan Magistrate or Judicial Magistrate of First Class should try offences under this Act. The court can take cognizance of the offence based on reports by the victim, their parents or relatives, police reports, or its own knowledge.
• Certain Offences: Section 8 specifies that some offences under this Act are cognizable, non-bailable, and non-compoundable.

Indian Penal Code, 1860

The Indian Penal Code of 1860 is a significant legal document that outlines various criminal offences and penalties within the Indian legal system.

Dowry Death (Section 304 B)

Definition of Dowry Death

• When the death of a woman occurs under abnormal circumstances within seven years of her marriage, and it is established that she faced cruelty or harassment related to dowry demands from her husband or relatives, it is termed as "dowry death."
• Example: If a woman dies due to burns or bodily injury caused by dowry-related harassment, it falls under dowry death.

Punishment for Dowry Death

Anyone found guilty of committing dowry death faces imprisonment for a minimum of seven years, which can extend to life imprisonment.

Legal Precedent - Vemuri Venkateshwara Rao v. State of Andhra Pradesh

In the case of Vemuri Venkateshwara Rao v. State of Andhra Pradesh, the court outlined key criteria to establish an offense under Section 304(B):

• Presence of dowry demand and harassment by the accused
• Confirmation of the deceased's death
• Death occurring under unnatural circumstances

• Explanation: If there is evidence of dowry demands, harassment, and an unnatural death within seven years of marriage, it substantiates an offense under Section 304(B).

Husband or Relative of Husband Subjecting Women to Cruelty (Section 498-A)

• Husband or relative of husband subjecting women to cruelty (section 498-A) – Section 498- A reads as follows:
• Husband or relative of husband of a woman subjecting her to cruelty - Whoever, being the husband or the relatives of the husband of a woman, subject such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
• Explanation:
  • Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or
  • Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand

In the case of Bhoora Singh v. State, it was determined that the husband and in-laws subjected the wife to cruelty due to insufficient dowry, resulting in her being burnt, leading to a sentence of three years of rigorous imprisonment and a fine of Rs.500 for an offense committed under section 498-A of the Indian Penal Code.

Indian Evidence Act, 1872

• Presumption as to Dowry Death (Section 113 B): When considering whether an individual is responsible for the dowry death of a woman, if it is proven that shortly before her demise, the woman was subjected to cruelty or harassment by that individual regarding a dowry demand, the court will assume that the individual caused the dowry death.
• Explanation: In this context, "dowry death" is defined as per section 304B of the Indian Penal Code (45 of 1860).

Social Evils of Dowry

The tradition of dowry has detrimental impacts on society, reducing the sanctity of marriage to a transaction involving the exchange of money and valuable assets.
Some of the social issues that arise from the practice of dowry include:

• Female Foeticide: Female foeticide remains a prevalent issue despite existing laws against it. This practice stems from the misguided belief that raising a daughter will be financially burdensome, especially due to the expenses associated with her marriage. Consequently, some families resort to eliminating the problem at its root by opting for the elimination of female fetuses.
• Suicide Among Young Girls: In cases where daughters cannot be married off due to dowry-related concerns, families often face social pressure and harassment. This can lead to extreme mental distress for young girls, sometimes resulting in tragic outcomes such as suicide as a means to end the perceived burden on their families.
• Lack of Education for Girls: Many families deprive their daughters of proper education to save money that could be otherwise spent on dowries. Additionally, girls may face mental harassment and discrimination based on their physical appearance, leading to feelings of inferiority due to societal pressures regarding dowry expectations.

Misuse of Anti-Dowry Laws

• Misuse of Dowry Laws by Women: While anti-dowry laws have served as a protective measure for women, there is a flip side to their implementation. These laws, while beneficial in many cases, have also been misused by some individuals. It has been observed that a significant proportion of dowry cases filed by women involve false allegations, with more than 40% of such cases being found to be baseless.

Dowry System in India

• Harassment through Arrests: The Supreme Court highlighted the misuse of anti-dowry laws, mentioning that husbands and their relatives, including bedridden grandparents and sisters living abroad, are often unjustly arrested.
• Nine-Point Checklist: The court emphasized the importance of following a specific checklist before registering a dowry-related complaint, aiming to prevent false accusations.
• Judicial Approval for Detention: It was stated that a magistrate's approval is necessary for the continued detention of an accused individual following their arrest by the police.
• Statistics and Convictions: In 2012, a significant number of individuals, including women, were arrested for dowry offenses, but only a small percentage of them were ultimately convicted according to National Crime Records Bureau data.

Conclusion

The tradition of dowry in India persists due to societal norms and beliefs. Education and financial stability are often linked to the amount of dowry demanded or offered. To eliminate this harmful practice, a change in mindset is essential, where individuals comprehend that dowry perpetuates the commodification of individuals. However, eradicating this practice requires a fundamental shift in societal attitudes, which may take considerable time.