Taking dowry to invite longer jail term as Centre plans to amend Act
In a move that will for the first time make a distinction between the people offering dowry and those accepting it, the Ministry of Women and Child Development is planning to increase the punishment for the latter from five years imprisonment to seven years. On the other hand, those accused of giving dowry will face only a years term instead of five because they are often the victims rather than the offenders.
As per the proposed amendments to the Dowry Prohibition Act, failure to maintain a list of gifts, including jewellery, exchanged during the marriage will also now be punishable with a jail term from six months to one year. The list has to be signed by the two families and handed over to the dowry prohibition officer.
A woman who files case under the dowry Act can also seek relief under the Domestic Violence Act, the case being admissible anywhere regardless of where the offence is committed. This has been done to enable the woman to pursue the case either from her marital home or parental home. The amendments also seek to include the victims parents or relatives in the definition of aggrieved persons.
According to WCD Minister Krishna Tirath, an explanation would be added stating that if the failure to meet the demand for any valuable or property leads to harassment or injury then it could be termed as demand made in connection with marriage.
According to the proposed amendments, seven years will be retained to determine the primary order of succession. But after seven years, the husband may not be denied inheritance in case he is not prima facie charged for the offence or booked for abatement.
If the woman has no living children a term which would now be substituted by sons and daughters or parents, her siblings would inherit the property, failing which it would go to the state.
The Dowry Prohibition Act was last amended in 1986. The latest amendments come against the backdrop of National Crime Records Bureau reporting 8,618 dowry-related deaths in 2011.
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