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 the dowry to be given 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. |
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.
Definition Of Dowry :- Dowry or
Dahej is the payment in cash or/and kind by the bride's family to
the bridegroom' s family along with the giving away of the bride ( called
Kanyadaan) in Indian marriage . Kanyadanam is an important
part of Hindu marital rites. Kanya means daughter, and dana
means gift.
Dowry originated in upper caste families as the
wedding gift to the bride from her family. The dowry was later given
to help with marriage expenses and became a form of insurance in the case
that her in-laws mistreated her. Although the dowry was legally
prohibited in 1961, it continues to be highly institutionalized. The
groom often demands a dowry consisting of a large sum of money, farm
animals, furniture, and electronics.
The practice of dowry abuse is rising in India. The most severe in
"bride burning", the burning of women whose dowries were not considered
sufficient by their husband or in-laws. Most of these incidents are
reported as accidental burns in the kitchen or are disguised as
suicide. It is evident that there exist deep rooted
prejudices against women in India. Cultural practices such as the payment
of dowry tend to subordinate women in Indian society.
Though prohibited by law in 1961,
the extraction of DOWRY from the bride's family prior to marriage still
occurs. When the dowry amount is not considered sufficient or is not
forthcoming, the bride is often harassed, abused and made miserable. This
abuse can escalate to the point where the husband or his family burn the
bride, often by pouring kerosene on her and lighting it, usually killing
her. The official records of these incidents are low because they are
often reported as accidents or suicides by the family. In Delhi, a woman
is burned to death almost every twelve hours . The number of dowry murders
is increasing. In 1988, 2,209 women were killed in dowry related incidents
and in 1990, 4,835 were killed . It is important to reiterate that these
are official records, which are immensely under reported. The lack of
official registration of this crime is apparent in Delhi, where ninety
percent of cases of women burnt were recorded as accidents, five percent
as suicide and only the remaining five percent were shown as murder
.
According to Government figures there were a total of
5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the
existence of rigorous laws to prevent dowry-deaths under a 1986 amendment
to the Indian Penal Code (IPC), convictions are rare, and judges (usually
men) are often uninterested and susceptible to bribery. Recent newspaper
reports have focused on the alarming rate of deaths of married women in
Hamirpur, Mandi and Bilaspur districts in the state of Himachal
Pradesh.
WHAT CONSTITUTES DOWRY?
|
Dowry is defined as any property or valuable security given
or agreed to be given either directly or
indirectly: |
-
By one party to a marriage to the other party to the
marriage or ;
-
By parents of either party to a marriage or ;
-
By any other person to either party to the marriage.
|
|
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 AGREEMENT - NOT VALID
|
An
agreement for giving and taking of dowry shall be void
|
|
EXCEPTIONS
|
-
The dower or Mahr given during marriage under the Shariat
(Muslim Personal) Law.
-
Gifts that are given to the bride or the bridegroom at the
time of the marriage (without any demand being made) will not
amount to dowry, if such presents are entered in a list in the
following manner :
-
The bride shall maintain the list of presents given to
the bride
-
The bridegroom shall maintain the list of presents given
to the bridegroom
-
The lists shall be prepared at the time of marriage and
shall be in writing
-
The list shall contain a brief description of each
present, approximate value, the name of the person who presented
it, relationship of the presenter to the bride or the groom
-
The list shall be signed (or thumb impression) by both
the bride and the groom
-
Where dowry already given - Where any dowry is
received by any person other than the woman in connection with
whose marriage it is given that person shall transfer it in the
name of the women
-
if it was received before marriage within three months
after the date of marriage
-
if it was received at the time of marriage or after the
marriage within three months after the date of it's
receipt
-
if the dowry was received when the woman was a minor
within 3 months after she has attained the age of 18
years. |
|
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. |
<< HOME PAGE - NEXT PAGE >>
Published by MyNation Foundation
Back to Home Page
Design Copyright © 2020. MyNation.net,India
|