[..2 D..]
CUSTOMARY PRACTICES AND STATE REGULATION
-
D) DOWRY[1]
QUESTION BANK
Q.1. Define and explain the concept of ‘dower’.
Q.2. Explain ‘Dowry is a social evil’.
Q.3. Explain the provisions regarding Dowry Prohibition Act.
Q.4. What is dowry under Dowry Prohibition Act? Whether the definition of dowry can include dower or Mahr?
SHORT NOTES
- Dowry.
SYNOPSIS
I] HISTORICAL PERSPECTIVE
II] MEANING AND DEFINITION OF DOWRY
III] PROVISIONS OF THE DOWRY PROHIBITION ACT
1) Object.
2) Punishments under the Act.
- a) For giving or taking dowry (S. 3)
- b) For demanding dowry (S. 4)
- c) Ban on Advertisement (S. 4 A)
3) Agreement for giving or taking dowry is void (S. 5)
4) Dowry to be for the benefit of the wife or her (S. 6)
IV] PROVISIONS UNDER I.P.C.
1) Offences relating to dowry death S. 304(B) I.P.C.)
2) Cruelty against a woman. (S. 498 (A).
I. HISTORICAL PERSPECTIVE[2]:-
Dowry is a deep-rooted evil in Indian society, specifically among Hindus. It is still practised in all parts of India. It cannot be ascertained[3] precisely when and how the dowry system evolved. However, from the writing of Manu, it seems that it started[4] with customary presents with love and affection to the bride and bridegroom[5] and their family. The reasons behind such presents might be that (i) the girls were generally not very much educated and (ii) the daughters were not entitled to a share in the joint family properties when she had a brother. Hence, the father, out of love and affection[6] or other considerations, used to give some cash or articles[7] to the daughter at the time of her marriage.
Nowadays, marriage has become a money-earning business among the members of particular communities and specifically among studied persons. The evil of dowry daily claims many lives of young married women in the country. The average dowry death was 12 per day in 1975; at present, it is nearly 22 deaths per day. Every day we read in newspapers about many cases of “bride burning” or “dowry deaths”[8]. There is hardly a day when newspapers do not have reports of murders by dowry seekers. Nowadays, the practice of giving and taking dowry has increased due to the right of property given to women. A significant amount as a dowry was given to her in-law’s family to get a waiver of her right in favour of her brother. Gandhiji had said, “Any young man who makes dowry a condition for marriage discredits his education and his country and dishonours womanhood”.
In Dinesh Kumar V. State of U.P [Laws (All) 2022-6-9]
Hon’ble Allahabad High Court confirmed the conviction of a person who had exercised cruelty against his wife for dowery.
II] MEANING AND DEFINITION OF DOWRY:-
- 2 (i) of the Dowry Prohibition Act, 1961, defines ‘Dowry’ as “any property or valuable security given in or agreed to be given either directly or indirectly-
(a) by one party to the marriage to the other party or
(b) by the parents of either party to a marriage or by any other person to either party
to the marriage or any other person.
– at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or Mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies[9]“. However, this definition excludes as a dowry any presents made at the time of a marriage to either party to the marriage in the form of cash or kind (ornaments, clothes or other articles).
In other words, dowry means giving property or valuable security from either party to the marriage to another as a consideration[10] for marriage.
Thus, the above definition includes the dowry given to the bridegroom and the bride (as per the custom), though the most prevalent evil practice is giving a dowry to the bridegroom by the bride’s side.
III] PROVISIONS OF DOWRY PROHIBITION ACT.
1) Object:-
The dowry system has produced adverse effects[11] on our society. This social evil is practised mainly in the Hindu community and the sense of the bride’s price or the bridegroom’s price. This practice is a death knell[12] for many young girls whose parents cannot pay dowry in their marriage and therefore cannot perform their marriages. Such girls commit suicide out of frustration. Secondly, the girl whose marriage has performed but either insufficient dowry is paid or could not fulfil subsequent greedy demands[13] may also commit suicide. Hence, the Dowry Prohibition Act 1961 is passed to curb[14] this evil. The Act was amended in 1983 and 1986 to fit the purpose. This Act prohibits giving and taking dowry to reduce the increasing number of dowry deaths.
Four decades after the passing of the Dowry Prohibition Act, we see no positive change in dowry prohibition; it is still practised with prestige. If we make an appraisal[15] of this Act, we will find that the Act has failed chiefly in its application.
2) Punishments under the Act.
a) For giving or taking dowry[16] (S. 3):-
If any person gives or takes or abets (the giving or taking) the dowry, it is punishable with imprisonment, which may extend to six months, or with a fine, which may extend to five thousand rupees or with both.
b) For demanding dowry[17] (S. 4):-
Any person who demands (directly or indirectly) from the parents or guardian of a bride or bridegroom (as the case may be) any dowry shall be punished with imprisonment up to six months or with a fine up to Rs. 5000 or with both[18].
c) Ban on Advertisement[19] (S. 4 A):-
If any person-
(a) Offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,
(b) Prints or publishes or circulates[20] any advertisement referred to in clause (a), be punished with imprisonment not less than six months but which may extend to five years and with a fine which may extend to fifteen thousand rupees.
3) Agreement for giving or taking dowry is void[21] (S. 5):-
This section declares that any agreement for giving or taking dowry is void[22]. This means that a court of law cannot enforce this agreement.
4) Dowry to be for the benefit of the wife (or her heirs) (S. 6):- (1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given (i.e. bride), that person shall transfer it to the woman (i.e. bride).
(a) if the dowry was received before marriage -(it should be returned) within one year after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage,- (it should be returned) within one year after the date of its receipt; or
( c) If the dowry was received when the woman was a minor,-
(it should be returned) within one year after she has attained the age of eighteen, and pending such transfer, shall hold it in trust for the woman’s benefit.
(2) if any person fails to transfer any property as required by sub-section (1) and within the time limit, therefore.
Punishment:-imprisonment up to six months or with a fine of up to five thousand rupees, or with both;
But such punishment shall not absolve[23] the person from his obligation to transfer the property as required by sub-section (1).
(3) Where the woman (bride) entitled to any property under sub-section (1) dies before receiving it, the heirs[24] of the woman shall be entitled to claim it from the person holding it for the time being.
IV] PROVISIONS UNDER I.P.C.
The following provisions under I.P.C are related to dowry prohibition[25].
1) Offences relating to dowry death (S. 304 (B) I.P.C.):-
It provides that-
(i) where the death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty[26] or harassment[27] by her husband or any relative of her husband for, or in connection with, any demand for dowry such death shall be called ‘dowry death’, and such husband or relative shall be deemed to have caused her death.
(ii) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
In Akula Ravindra V/s State of A.P[28]
Facts:– the marriage took place in April 1984. When marriage, a demand of Rs.-10,000/- was made as dowry. However, the deceased’s parents could pay only Rs.- 8,000/- and promised to pay a balanced amount, but they could not. The accused harassed the deceased for the payment of the balance amount. The accused was working in the army and used to come frequently and demand the balance of dowry. The deceased died in 1987, i.e. within seven years from the date of marriage. The dead body showed external injuries.
Held:– the deceased was subjected to cruelty within the meaning of S. 498 (A) I.P.C. and convicted the accused. Accordingly, it was held as dowry death.
2) Cruelty against women[29] [S. 498 (A)]:-
Whoever, the husband or relatives of a woman, subjects such woman to cruelty.
Punishment:– imprisonment of up to three years and a fine.
Explanation:– For the purposes of this section, ‘cruelty’ means-
(a) 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
(b) Harassment of the woman where such harassment is to coerce 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[30]. ****
[1] हुंडा [दहेज]
[2] ऐतिहासिक पाष्र्वभूमी [ ऐतिहासिक परिप्रेक्ष्य]
[3] निष्चित करणे [निधारित करणा]
[4] सुरुवात
[5] वधू, वर [दुल्हन और दूल्हा]
[6] प्रेम/ममता [प्यार और लगाव]
[7] वस्तू [सामग्री]
[8] हुंडाबळी [दहेज हत्या]
[9] It does not apply to Muslims’. ‘Dower or Mahr because among Muslims the concept of marriage is a contract and not a sacred bond like Hindus. Since, in every contract consideration is required the contract of marriage also requires consideration for its validity. Such consideration in Muslim Marriage is called as Mahr. The contract of marriage is not valid unless mahr is given to the bride by her husband, as agreed among them.
[10] मोबदला [प्रतिफल]
[11] प्रतिकूल परिणाम [प्रतिकूल प्रभाव]
[12] मृत्युसूचक घंटा [ मृत्यु घंटा]
[13] नंतरच्या लोभी मागण्या [बाद की लालची माँगें]
[14] आळा [नियंत्रण]
[15] मूल्यमापन [मूल्यांकन]
[16] हुंडा देणे-घेणे [दहेज देना या लेना]
[17] हुंडयाची मागणी [दहेज की मांग]
[18] Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officers as the State Government may, by general or special order, specify in this behalf.
[19] जाहीरातीवर बंदी [विज्ञापन पर रोक]
[20] छापणे] प्रकाशन] प्रसारण [प्रिंट या प्रकाशित या परिचालित करना]
[21] हुंडा-देणे घेणे करार [दहेज लेने या देने का करार शून्य/ रिक्त है]
[22] बेकायदेषीर [रिक्त]
[23] मुक्त करणे [दोषमुक्त करना]
[24] वारस [वारिस]
[25] दहेज निषेध
[26] छळ करणे [क्रूरता]
[27] त्रास देणेs [परेशान करणा]]
[28] Cr. App. No 365 of 199 decided on 11th Nov. 1991.
[29] विवाहितेचा छळ [महिलाओं के प्रति क्रूरता]
[30] छळ म्हणजे – (अ) विवाहितेला आत्महत्या किंवा तिच्या जिवीताला, आरोग्याला किंवा षरिराच्या एखादया अवयवाला गंभीर इजा करण्यास भाग पाडणारे जाणीवपूर्वक वर्तन (ब) एखादया महिलेने किंवा तिच्याषी संबंधीत व्यक्ती यांनी मालमत्तेची किंवा मौल्यवान रोख्याची मागणी मान्य करण्यासाठी किंवा मागणी पूर्ण करण्यास अपयषी ठरल्याने तिच्यावर जुलुम करुन तिला नाहक त्रास देणे. [“क्रूरता” का अर्थ है-
(ए) कोई जानबूझकर आचरण जो इस तरह की प्रकृति का है जो महिला को आत्महत्या करने या महिला के जीवन, अंग या स्वास्थ्य (चाहे मानसिक या शारीरिक) के लिए गंभीर चोट या खतरे का कारण बनने की संभावना है/ या
(बी) महिला का उत्पीड़न जहां इस तरह का उत्पीड़न उसे या उससे संबंधित किसी भी व्यक्ति को किसी भी संपत्ति या मूल्यवान सुरक्षा के लिए किसी भी गैरकानूनी मांग को पूरा करने के लिए मजबूर करना है/ या उसके या उससे संबंधित किसी व्यक्ति द्वारा विफलता के कारण है/ – ऐसी मांग को पूरा करने के लिए]
हुंडाबळी – 304ब जर एखादया महिलेच्या लग्नानंतर 6 वर्शाच्या आत तिचा षारिरीक जखमांमुळे असाधारण परिस्थितीत मृत्यु झाला आणि तिच्या मृत्युपूर्वी तिचा नवरा किंवा नव-याचे नातेवाईक हुंडयाची मागणी करुन तिला छळत होते असे निदर्षनास आल्यास तिचा बळी ‘हुंडाबळी’ समजला जाईल.