What Are The Laws

Prohibiting Dowry In India

In this blogpost, Sonal Srivastava, Student, Amity Law Schoo, Lucknow, explains
what is dowry, who is an offender in case of dowry, legal framework in India for
prohibiting dowry laws and also tells about the misuse of the dowry laws in India.

"Dowry" is a word that is very prevalent and common in Indian households. It is a

practice that has become a parasite for the Indian society and which has eroded the
beautiful institution of marriage. It is not a new practice but has been followed from
ages, and its impact is such in Indian society that one can make efforts to reduce it,
but it cannot be totally eradicated. Several laws have been enacted to prohibit the
practice of dowry, but the legal clutches are weaker than the ambit of the practice of
dowry. Further, the articie shall enumerate the social and legal consequences of
practicing dowry along with its other various aspects.

What is dowry?
According to section 2 of Dowry Prohibition Act, 1961, the term "dowry" means any
property or valuable security given or agreed to be given either directly or indirectly.

(a) By one party to a marriage to the other party to the marriage, or

(b) By the parent of either party to a marriage or by any other person, to either party
to the marriage or to any other person, at or before [or anytime after the marriage]
[in connection with the marriage of the said parties, but does not include] dower or
mahr in the case of personsto whom the Muslim Personal Law (Shariat).

In Arjun Dhondiba Kamble v. State of Maharashtra[1], the court held that,

"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a
demand for property of valuable security having an inextricable nexus with the
marriage, i.e., it isa consideration from the side of the bride's parents or relatives to
bride-to-be.
the by in bothtaking
be
anytaking
years
of any or an years of deceased section the for
a
with given was non or
even to dowry if
amount
if relatives State
with offence. she
consideration
4-A,medium
for
offence 3, or five 4, two
connectionproperty section
forunder
dowry. can liable giving section that section
the than punished
to v. the
law? the
parents, extend an
consequences
other
wed it an be prohibitingto theless
or to
Kawathkar
is
thatfather dowry
in
for anymarriage,
is would Accordingrupees According marriage
held to person
to no demand the it dowry. abets
not be shall her demanding any
the rupees. According
agreement
has that 1961, term shall to
court through
dowry. bridegroom takes,thousand from which Shivram letter dire any
security heldthe under give
- -
before
thousand [4]the
a Act, a by
to of
3) for 4) bridegroom
dowry and a withof - or etc
to or
consentfor
court constitute (Section (section dowry written offence 4-A)
amount consideration
thevaluable Prohibition imprisonment
gives fifteen months Pradesh, journal
Pandurang threatened money,
for the offender
of
India demandsten
of (section
family Act than in-laws
quardian
not Jaiswal[21, thesix to demand an newspaper,
would to dowry
or
the more. dowry extend Thus business,
Dowry be less than Uttar
will
property the of or
indirectly
in bride in an
commencement demanding
in her and
dowry. advertisement
and/orit be and So 1961 taking withbe is bride
lessmay mere
held by
marriage,
notmarriagean
the of
dowry.
framework not
whichever of
fireharassed
State anyproperty,
Kishan punished not which the of
for
parents need be of family Act, and shall or the
of
has
on demand in
committed.
demand 3 directly that v. set advertisement
give
section giving which
Prohibition imprisonment
fineCourt
dowry,for of the
the the would the
bride Singhill-treated,
Maharashtra[3]
being
Ram thebe Penaltyquardians on in
his for andwould shall
with
Supreme of
with forafter fine person satisfaction share
the Bhoora
before been Ban
or v. the
consideration to dowry
Legal of
and
groom Penaltyy withvalue
dowry
of connection
where Rajeev
Who According
so Dowry person being had
parents dowry andthe The had
take of In 4
theBut
In
than an on or
rank
extend non
report occurs
marriage
or connection
and same
tryonly term
to has304(B) (section
forthings may
Whoever,
such
less the cognizable, cruelty
shall death" extend
court demand
which
offence
may below police or the a
other subject
injury for section
be her death.
follows to in "dowry the
imprisonment cruelty
cruelty-
notwhich Class
have term
of subjected
or may accused,
was
the
thevictim, Pradesh[5], woman,
years
shall not be bodily for, hershall under proved.
marriage,
there a
fine First shall as which to to for
judge of caused
called
husband -
cognizance reads seven the women her means
which or "dowry" offence a imprisonment
with of the Since is
of fine.
Act burnswas 1961. withbut by 304-B subjecting
a Magistrate
of be of husband
or 7,
imprisonment this 304(B) within have Andhra harassment
offence. shehershall punished circumstances.
yearssubjecting to "cruelty"
yearssectionrelative any section,
Act, years an section
under of to
death establishing liable
take circumstancesdeemed
relative 7 woman
the
Section
by death Prohibition follows with
five the sevenof within be section
to Judicial
or
shall offences caused her sub be State
under of
parents and punished
also
to According of such shall husband
a relatives
an B)- any
before be this death as of
dowryunnatural
with
extend court facts compoundable. shall Dowry
than
v. for
offence husbandshall
reads this
or is or dowry, death
thethecertain
304 normalhusbandof
woman died,
Magistrate Raoguideline and be the purpose
of
punished
mayrupees. The soon relativespurposes less of
andof A the and
offence- (section the dowry Venkateshwara
victim,
of hadunder
demand 498- or shalyears
harassment of
relative
Act. knowledge for be for
imprisonment
life. follow relative
which 8 1860 a under that of husband
section of herdemand 2 commits following deceased is
Section woman
cruelty
to
thousand this or the not three
be Metropolitan
the non- death shown section a death
shalland of Code, Deaththan by husband For shall
is or
automatically
or Explanation
-For
under
Cognizance
by to harassment there and Husband the to
- Husband
months and theotherwiseany Whoever thethe 498-A) extend
own According
fifteen report
marriage Penal Dowry is - in
which
the
and
they
are dowry being
offence bailable Where it with, Explanation
such as In
Vemuri That
That
That
its and down
a meaning
SiXto the on 6.
of Indian 2. 3. 4. 5.
1, laid
 to thethereby
property
coercin9
for
Rs.500/-
bring female "Female
themarriage.
family
marry mental
to health related as andsuchdowry, same beautiful
valuable one's
thought
woman
subjected reads
woman on
dowry prohibiting to thethe
or toany
down,
her
burnt by
for the to burden
problem-ableto
person B subjected theand more
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her to
limb 113 demand have
the view
for in-laws of a eroded of
money is notharassmnent
end
fine Sectionof death. practice a in
practice
driveife, demand death shall much be spent are an
a any 1860). for the
with a Code. beenany has of many to
of parents
bring
to to or and and dowry death" taking
the arethisoutbe
likely is
- dowry of root in
her finally
and
dowry B) had with, and to
brings
danger unlawful husband Penal
imprisonment (45 which so behindturn to
harassment 113 the and
society are
same
havethe the suicide
is by connection"dowry
committed
woman would eradicate
or Indian caused Code evils
giving there whenthis
as or failure (Section the reasons would
naturewoman, any the Penal commit
dowry,
injury section on social when she times
such of of
meet
of that of had effects then lot
such
account
498-A
rigorous has in
person Indian
contract
few biggest to
statistics
today, Many to
a death a better of
suchgravethe
to heldinsufficient death
person or this born as girlsfamilies.
because
where
of her
for,
the
dowry ill A parents Girls-
section many meremarriage.Even theis it
of physical) was years dowry her such of
harassment the find
young
is
cause to on 1872 a purpose
of
of child their
is demand
womnan whether
before 304B daughters
Young
which related it that has a foeticide-
yet One herpeople
or Statef61,
bringingunder
three to of to female theto
to
security Act, presume section, dowry for
marriage laws of
as the by leads
or or theperson
conduct such is soonor
committed Presumption
evils exchange expectations. Therefore,
exchequer
harassment
mental of Evidence question For a their
Suicide
suicideof for cruelty foeticide
Female Child". which
v. sentence that of along
itself
are if
Harassmentmeet
valuable cruelty shall in of
practice that off
willful any
(whether
Singh followsshown Explanation
as Social institution
in
Commit to Indian the to court meaning assets
or offence
Any heror herBhoora
theainviting person
When The
is the
7. 8. wife an it
In
 be of parents
their
be the as same by women Kumar husband andare dowry-related
nine-point magistrate
approve
mnust 200,000
people,
only totally that
mentality,
to beingtoharass well filed
so
to educationhave the grandfathers
decades but
be
the
them as by
cases Chandramauli educated
education mentally the 2012,
cannot
the
would
because useat made so-called
women harass is
a
of its dowry for down in
nearly
offences
eradicated
for because allegations bedridden it highly
dowry has abroad and
good
used only
appearance for to a
follow
noting
all Justice
lawpanacea way a statistics, society,made
Not dowry
givebeingharassment
of not
complex. simplesttheliving mustbefore
arrest, be
lotstatements womenevery the
men. by cannot
is
Indian
notmoney a headed cases to boy
a forfiled;
off
physical sisters they an Bureau
regard
similarly, law
do theminferiorityy be the makes practice
a
many that
anti-dowry in India,
families cases
to nuisance
the mental that
Court their in
Records rooted
and by proved arrested.[7] authorities police
saving in marry coin; 40% said in arrested
accused
convicted.[11
were this
In
lack Supreme that accused.[10]
to taunts lavws husbands, that
deeply Indians.
Many dowWry. an a order point the the Crime
of
subjected
to them
other a have
be than
case were reason
thought that constant of to relatives theof is
girls- of any dowry laws
sides more
proved the21-page notable part National
women, of
practice
in reminded in
purposethinkbring of the
been
the
that major
mindset
areor anti-dowry Conclusion
to a two in benchhis a of of
their
fatrelatives alsoand a stated said According
the
to 47,951
detention
Uneducation
with girls also and in mothers has a The
the colour, of alwayshave
true recently
two-judge
also
[9]
complaint.
also as and
eradicated.
the and
daughters him that
arrested.[8] 15%
of
the "DOWRY"
for but MisuseThe are
get
Judges judges
checklist court
including thought
Often thegiven further
used dark girls are they false.
are
misuse.women Prasad grand-
The
or Theretime The to The The
is
 narents can demand a huge dowry ror him in the marriage. The more
man is, and the more stable his financial situation is, the educated the
more he gets dowry.
Similarly, the parents of girls ill educate them a lot so that they can marry her to a
rich family. They are not hesitant in giving dowry because this practice has now
become a custom and despite many laws, a very few percentage of offenders are
convicted. This social evil can only be eradicated when there would be a change in
the mentality of the people. When people might understand that giving and taking
dowry is like selling your daughters and sons may be from then the roots of the
practice would start eroding, and the practice shall get totally eradicated but that
period seems to be very far off.