Dowry Prohibition Legislations in India

The act of demanding Dowry is extremely predominant and regular in Indian family units. It is a practice that has turned into a curse for the Indian culture and which has diluted the very foundation of marriage.  A few laws have been framed to stop this social evil but it still seems be massively prevalent in the modern Indian Society.

The Dowry Prohibition Act, 1961 defines the expression "endowment” which implies any property or important security given or consented to be given either straightforwardly or in a roundabout way.

  1. By one gathering to a marriage to the next gathering to the marriage, or
  2. By the guardian of either gathering to a marriage or by some other individual, to either gathering to the marriage or to some other individual, at or before [or at whatever time after the marriage] [in association with the marriage of the said gatherings, yet does not include] dower or mahr on account of persons to whom the Muslim Personal Law (Shariat).

In various cases, the court has held that "Settlement" in the feeling of the expression thought about by Dowry Prohibition Act is an interest for property of profitable security having an inseparable nexus with the marriage, i.e., it is a thought from the side of the lady's guardians or relatives to the lucky man or his guardians and/or watchman for the consent to marry the lady-to-be. In any case, where the interest for property or important security has no association with the thought of the marriage, it won't sum to an interest for share.

Under the Dowry Prohibition Act, 1961, it is an offence to both take endowment and give the share. So the group of husband would be obligated for taking share so would the group of lady be to agree to give settlement.

The legitimate system in India for precluding endowment

Endowment Prohibition Act, 1961

  • Punishment for giving and taking endowment (Section 3)- According to section 3, if any individual after the initiation of the Act gives or takes, abets the giving or taking of share should be rebuffed with a detainment for a term at the very least five years and with fine which might not be under fifteen thousand rupees or the measure of the estimation of settlement, whichever is more
  • Penalty for requesting share (Section 4)- According to section 4, if any individual specifically or by implication requests settlement from the folks, relatives or gatekeepers of the lady or the spouse should be rebuffed with a detainment of the very least six months and which might reach out to two years and with fine which might stretch out to ten thousand rupees..
  • Ban on notice(section 4-A)- The commercial in any daily paper, diary or through whatever other medium or an offer in the property, business, cash, and so on by any individual in thought for marriage might be rebuffed with a detainment which should not be under six months and which might stretch out to five years or with fine which might reach out to fifteen thousand rupees.
  • Cognizance of offence- According to section 7, a judge not beneath the rank of a metropolitan magistrate or Judicial Magistrate of First Class should attempt an offence under this Act. The court should take discernment of the offence just on the report by the casualty, the folks or relative of the casualty, police report or all alone information of the actualities of the offence.
  • Certain offences under this Act might be cognizable, non-bailable and-compoundable.

Indian Penal Code, 1860

Dowry Death Section 304(B) peruses as takes after-

  1. Where the demise of a lady is brought about by any blazes or real harm or happens generally than under ordinary circumstances inside of seven years of her marriage and it is demonstrated that soon before her passing she was subjected to savagery or badgering by her spouse or any relative of her spouse for, or regarding, any interest for endowment, such demise might be called "share passing" and such spouse or relatives should be considered to have created her demise.
    Clarification- For the motivations behind this sub-section, "share" might have the same importance as in section 2 of the Dowry Prohibition Act, 1961.
  2. Whoever submits endowment passing might be rebuffed with detainment for a term which should not be under seven years but rather which might stretch out to detainment forever.

The court has in previous cases set out the accompanying rule for setting up an offence under section 304(B) and they are-

  1. That there is an interest of share and badgering by the denounced,
  2. That the perished had kicked the bucket,

That the demise is under unnatural circumstances. Since there was interest in share and provocation and passing inside of 7 years of marriage, alternate things consequently take after and an offence under section 304-B is demonstrated. Husband or relative of spouse subjecting ladies to pitilessness (section 498A)- Section 498A peruses as takes after-

Husband or his relative subjecting her to pitilessness- Whoever, being the spouse the relatives of the spouse of a lady, subject such lady to mercilessness might be rebuffed with detainment for a term which might reach out to three years and should likewise be obligated to fine.

In this section "savagery" implies-

  1. Any obstinate behaviour which is of such a nature as is liable to drive the lady to submit suicide or to bring about grave harm or risk to life, appendage or well-being(whether mental or physical) of the lady, or
  2. Harassment of the lady where such provocation is with a perspective to forcing her or any individual identified with her to take care of any unlawful demand for any property or significant security or is because of disappointment by her or any individual identified with her to take care of such demand.

 

Sidharth Nair 
on 03 September 2018
Published in Family Law
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