The Dowry Prohibition Act

One of the shameful and outrageous evils of our times, is the practice of dowry. The Dowry Prohibition Act was enacted as early as 1961, with the intention of prohibiting giving and taking of dowry in India. Despite dowry being declared an offence by this statute, this practice continues to prevail in the country, with increasing incidence
of dowry deaths, each day.

Definition of dowry
Under the Act, `Dowry’ is defined as any, property or valuable security, given or agreed to be given in connection with the marriage i.e., it is a consideration from the bride’s parents or relatives to the groom or his parents and/or guardians. This may be given at the time of marriage or any time after the marriage. The only exception to this rule is the dower or mahr given during marriage under the Shariat (Muslim Personal) Law.

The giving, taking or even abetting of the give or take of dowry amounts to an offence punishable with imprisonment for not less than five years and with fine which shall not be less than Rs 15,000 or the amount of value of the dowry, whichever is more.

Categorisation of gifts
However, gifts that are given to the bride or the bridegroom at the time of marriage, (without any demand being made) will not amount to dowry, if such presents are entered in a list in the following manner:
1. The bride shall maintain the list of presents given to the bride.
2. The bridegroom shall maintain the list of presents given to the bridegroom.
3. The lists shall be prepared at the time of marriage and shall be in writing.
4. The lists shall contain a brief description of each present, approximate value, name of the person who presented it, relationship of the presenter to the bride or groom.
5. The lists shall be signed (or thumb impression) by both the bride and the bridegroom.

Besides the giving and taking of dowry being an offence under the Act, the demand for dowry (either directly or indirectly) is also an offence. Any advertising offering dowry as consideration for a marriage is also a punishable offence.

Dowry agreement is also void
An agreement for the giving and taking of dowry shall be void agreement. Strangely, Section 6 of the Act provides for the legalising of dowry that has already been given by providing that the dowry be transferred in the name of the woman within three months of the marriage or post-marriage, within three months of the receipt of the dowry. In case of a minor, it shall be given to her on attaining majority. In the event of death, the dowry shall be transferred to her children or her parents.

Non-bailable offence
Every offence under this Act is a non-bailable and non-compoundable (that which cannot be compromised or settled out of court, between the complainant and the accused, at any stage of the trial) offence. More importantly, the burden of proving that the person accused has not committed an offence lies on the accused. (One of the principles of Indian criminal law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant/prosecutor. This onus has been shifted in certain specific offences such as dowry, rape, etc).

Dowry Prohibition Officers
The Act also empowers the State Governments to appoint Dowry Prohibition Officers with the specific intent preventing the taking or demanding of dowry and to ensure compliance with the Act. It is anybody’s guess as to how many States have appointed Dowry Prohibition Officers.

Dowry deaths
The Indian Penal Code provides that where any woman dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a dowry death. The husband or the relative shall be deemed to have caused the death of the woman. The offence is punishable with imprisonment of not less than seven years. (Section 304B, IPC)

Cruelty/harassment towards women
Whoever, being the husband or relative of the husband subjects such woman to cruelty shall be punished with imprisonment for a term of three years. Cruelty has been defined as – (a) any conduct which is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (mental or physical) of the woman , or (b) harassment with a view to coercing her or any person related to her to meet any unlawful demand for property or valuable security or is on account of failure by her or any person related to her to meet such demand.

URL:http://www.indianrailways.gov.in/RPF/Files/law/BareActs/dowry1961.htm#a