Dowry, commonly known as dahej, is a form of gift taken by the groom and his family at the commencement of a marriage. It is usually considered as a demand by the groom’s side. The bride’s side is forced to fulfil their demands if any precondition is kept before them at the time of marriage. If a woman finds it unacceptable then she can call off the marriage because taking or giving dowry is stated as a crime in India.
It is a widespread practice in India and involves direct or indirect deals made by the groom’s side. It is usually demanded in the form of cash, assets, a car, property, etc. during or at the time of marriage.
What constitutes a dowry?
Dowry is defined as “any property or financial instrument granted or consented to be given, wholly or partly, by one party of a marriage to the other party of a marriage, at or before or any time after the marriage,” as per the Dowry Prohibition Act of 1961. There should be no moral obligation to give any valuables or gifts in order for them to be considered dowry, and the marriage should not be made entirely contingent on the receiving of such gifts. There is a vast difference between streedhan and dowry. Anything given to a woman before, during, or after marriage, including childbirth, is referred to as her streedhan. The main difference is that streedhan is voluntarily given, whereas dowry is given under compulsion. Inherited or self-acquired property is considered as streedhan apart from gifts received by her in cash or kind from her husband’s family.
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INTRODUCTION OF DOWRY PROHIBITION ACT, 1961
The Dowry Prohibition Act, which came into effect on May 1, 1961, was intended to minimize the dowry system in India. The Act expressly forbids the nation from offering or accepting dowry.A dowry, although defined by the Act, is any good, property, or funds given by either party in a wedding, by the parents or any of the parties, or by anybody in correlation with the married couple’s parties. It is India’s first dowry-related national legislation. In 1961, the Dowry Prohibition Act was amended twice. It was done to expand the definition of the phrase “dowry” and to intensify the penalties for breaking the Act.
Dowry is forbidden in India under anti-dowry legislation. Any act to take or give dowry is subject to punishment in India under the Dowry Prohibition Act. For infringing the anti-dowry law, the penalty has been imprisonment for up to 5 years and a fine of Rs. 15,000 or the worth of the dowry given, whichever is higher. Any woman in India who is a victim of dowry must consult with a family lawyer in order to take appropriate legal action against her better half or his household members.
Bargaining for a relatively low dowry from the groom’s side when the bride’s side is unable to accomplish the precise requirement/agreement, as well as pressuring the bride’s family to fulfil expectations as remuneration for marrying their daughter after the wedding, are all illegal.
The Indian Penal Code specifies anti-dowry law in its definitions of dowry deaths (Section 304B) and inhumanity or physical violence for dowry demands (Section 498A). The IPC makes the crime non-bailable, which means that if the alleged husband or family member is arrested, he cannot post bail.
Dowry is mentioned under various parts of Indian laws.
Dowry under the Indian Penal Code, 1980
The Indian Penal Code, 1980 aims to outlaw not only the dowry system in India, as well as the problems that come with it, which was earlier a widespread procedure in the country. Due to the inability of dowry legislation in India, sections 304 (b) and 498 (a) were added to the Indian Penal Code (IPC) in 1983 and 1986, respectively.
Dowry under the Code of Criminal Procedure, 1973
Offering and receiving dowry is a punishable crime in India, and the criminal hearing of the investigation and research by the police and judicial officer for the offence is conducted under sections 174 and 176 of the Code of Criminal Procedure, 1973. As per the 1983 amendment to the Act, it is absolutely necessary for the police to send the dead body for a post-mortem inspection if the death occurred within seven years of marriage and under any questionable circumstances. This section also empowers the executive trial judge to conduct investigations into a woman’s death in such instances.
Dowry under the Indian Evidence Act, 1872
Section 113(b) of the Indian Evidence Act of 1872 was added to give women more protection against dowry. It attempts to address the accused’s burden of proof if harassment, cruelty, or both have happened in regard to dowry demand, but it should have arisen pretty shortly before demise. It is important to note that death will only be taken into account as a dowry death if it occurs within seven years of marriage.
KINDS OF DOWRY CRIME IN INDIA
- Cruelty: Section 498 (a) of the Indian Penal Code, 1980, talks about cruelty and abuse inflicted on a woman by her husband, his family members, or perhaps both. It is subject to punishment for up to 3 years and a fine under the section. Under cruelty, the section contains both physical and emotional torture. Any deliberate behavior that facilitates and actively supports a woman’s suicide, or hinders her life, physical and mental health, or limbs, or manipulates her or another person by unlawfully demanding inheritances, such as cash, products, or assets,
- Domestic violence: it covers a broad spectrum of violent, aggressive, and dangerous behavior, including emotional and physical harassment.
- Abetment to suicide: Section 306 of the Indian Penal Code, 1980, describes abetment of suicide as instances where the husband of a woman and the husband’s relatives create situations that eventually leads a woman to attempt suicide. If this takes place within seven years of marriage, it will be taken into account as a dowry abetment.
- Dowry death: In India, dowry death is treated in Section 304 (b) of the Indian Penal Code, 1980. If a woman dies within seven years of her marriage as an outcome of physical injury, burns, or unusual conditions, and it is substantiated that she was victimized by the husband and or the partner’s family members regarding dowry, the violator will be sentenced to a minimum of seven years in prison and a maximum of life in prison.
The foregoing are the core components of dowry death under IPC section 304 (b).
- Death as a result of a burn, physical injury, or unusual events.
- Within seven years of marriage, the above-mentioned type of tragedy occurred.
- Harassment, cruelty, or both have taken place in regards to the dowry demand.
Relevant judgement:
Kamesh Panjiyar vs State of Bihar, 2005 (https://main.sci.gov.in/jonew/judis/29416.pdf)
In this case, the departed, Jaikali Devi, married the alleged offender in 1988. Dowry was paid in the value of Rs 40000 at the time of the wedding. The groom’s side demanded a she-buffalo during her second Bidai (Durgaman). The requirement was not fulfilled. The deceased had earlier complained about her husband and other members of his family’s mistreatment and torture.
One day her brother, Sudhir Kumar Mahto, heard rumors in the village about the victim’s murder (her sister). Following that, he and some relative’s travelled to the appellant’s village. Her sister’s (deceased) body was lying in the verandah, and blood was spilling from her mouth. In addition, she had many marks of abuse on her neck.
During the Sessions Court trial, it was ascertained that it was not a case of natural death. The court furthermore recorded the conviction under section 304B of the IPC, and her husband was imprisoned to ten years in prison. The court of appeal dismissed by the High Court, but the sentence was reduced to seven years. He then appealed to the Supreme Court under sections 113B of the Indian Evidence Act and 304B of the Indian Penal Code, which asserted that there must be some resource or evidence to show that the victim experienced severe cruelty or harassment fairly soon before her death.
https://wcd.nic.in/act/dowry-prohibition-act-1961