Dowry and Dowry Death

 Dowry is a transfer of guardian’s property in favour of a daughter at the time of her marriage. 

Section 2 of Dowry Prohibition Act, 1961 defines dowry in following words- “Dowry means any property or valuable security to be given or agreed to be given directly or indirectly but it does not include Mahr which is part of Shariat Law.”

In early days, dowry was an institution in which gifts and presents were given to a girl at the time of her marriage when she was required to leave her parent’s home and join her husband’s household. For example, in 1661, the Portuguese king while married his daughter princess Catherine to Charles II, king of England and give him the city of Bombay in dowry. But in course of time, it became a crude institution resulting in female foeticide/infanticide, suicide, bride burning and other indignities and cruelties. 

                  The Dowry system can put a great financial burden on the bride’s family. In some cases, the dowry system leads to crime against woman, ranging from emotional abuse and injury to even death. 

Dowry started as a form of assistance to a newly married couple in starting their married life. As time progressed, human greed turned into something that was to be demanded as a right in accordance with the social standing of the groom and his family. The practice later degenerated further and brides began facing torture after marriage to bring in additional dowry. The torture would many a time escalate into bride burning. The groom and his family would then try to make up a story about a kitchen accident to save their skins. 

Though the Dowry Prohibition Act was passed in 1961, the practice had such deep social roots that nothing much could be done and only in few cases could the accused be actually punished primarily because it is very difficult to prove a dowry case. However, dowry cases have dipped in the recent future but the nightmare is far from over. Brides are still burnt for dowry. 

According to the Dowry Prohibition Act any person who gives or takes or abets the giving or taking of dowry shall be punished with jail or fine or both. An agreement for giving or taking of dowry is void and cannot be enforced. 

Besides the Central Dowry Act, the State Governments have enacted their own laws to deal with the dowry problem. For instance, the Himachal Pradesh Government prohibits more than 25 people in a marriage party while Punjab has restricted the number of meals to be served to the guests in the marriage i.e. upto two meals. 

The payment of dowry has long been prohibited under specific Indian laws including Dowry Prohibition Act, 1961, Indian Evidence Act, 1872, Indian Penal Code, 1860. 

These laws are provided various provisions for the prohibition of dowry and penalties for the person who committed such kind of crime. Provisions are- 

1) Section 3&4 of the Dowry Prohibition Act of 1961. 

2) Section 113 A and B of the Indian Evidence Act, 1872. 

3) Section 304 B & 498 of the Indian Penal Code, 1860. 

Despite of these provisions, the dowry has become a social civil nowadays because there is no proper implementation and enforcement for the laws. Therefore, these social evils are sowing their seeds in various parts of the country day by day. 

When a case involves a suicide by a woman within 7 years of marriage or death of a woman within 7 years of marriage under suspicious circumstances, the court will presume that the accused is guilty of abetment of suicide and the Magistrate can hold an inquiry on his own apart from the police inquiry. State (Delhi Administration) v. Laxman Kumar, AIR 1986 SC 250 and Pariben v. The State of Gujrat, AIR 1992 SC 1817 are cases where the Supreme Court expressed its concern about the dowry deaths and punished the culprits on the basis of dying declaration of the victims.

According to Mahatma Gandhi - “Any young man, who makes dowry a condition to marriage, discredits his education and his country and dishonours womanhood.”