DOWRY

June 2, 2005 (India Times) Q: What is dowry? Dowry has often been defined as the 'money, goods or estate that a woman brings to her husband at marriage'. It is also known as the 'property, which a woman brings to her husband at marriage'. Giving or taking dowry is an offence, punishable in India under the Dowry Prohibition Act, 1961.Under the Act, dowry is defined as "any property or valuable security, given or agreed to be given, either directly or indirectly, as follows:- By one party to the marriage to the other party to the marriage; By the parents of either party to the marriage or by any other person to either party to the marriage; To any other person, at or before or after the marriage, in connection with the marriage of the said parties.

Q: Is the giving of dower or meher in the Muslim community also prohibited under the Act?

No, the Dowry Prohibition Act does not cover the case of dower or meher with respect to persons, covered by the Muslim Personal Law or the Shariat.

Q: Is the giving of money, valuables etc as dowry prohibited only when it is the bride's side that gives the same to the groom's side?

The usual practice appears to be that it is the bride's side that gives dowry to the groom's side. However, it must be noted that the giving of dowry is prohibited both ways; it is not restricted to the demand of and giving to the groom's side. It is equally an offence when the bride's side demands or agrees to receive dowry.

Q: Is demanding or giving dowry an offence only amongst the Hindus?

No. Demanding and giving dowry is a widespread evil among the Hindu community. However, it is an offence even when the parties are Muslims, Parsis, Christians or Jews. In short, every person, who in relation to a marriage, performed in India, gives or receives or agrees to receive or give dowry, commits the offence.

Q: Does the giving of money, valuables etc. during a marriage amount to the giving of dowry?

The Act uses the phrase 'in connection with the marriage and thus, seeks to widen the ambit of the term 'dowry'. It may be noted that the earlier Act used 'in consideration of the marriage', which was a comparatively narrower term. Now, the presents, cash, ornaments, clothes and other costly item, given by the parties, are no more a 'consideration of marriage', but are deemed to have been given in connection with the marriage. However, no offence is committed if presents are given either to the bride or bridegroom, without any demand having been made and: such presents are entered in a list, maintained in accordance with rules made under the Act.

Where the presents are made by or on behalf of the bride, they are of a customary nature and their value is not excessive, having regard to the financial status of the person, by or on whose behalf, the presents are given.

Q: What punishment is meted out under the Act for the taking or giving of dowry?

The Act of 1961 punishes the giving, taking and the abetting of the giving or taking of dowry. An offender can be punished with a term of imprisonment of at least five years and a minimum fine of fifteen thousand rupees or the amount of the value of dowry, whichever is higher. However, the Court may, for adequate and special reasons, to be mentioned in the judgment, impose a sentence of less than five years imprisonment.

Q: How does the law combat the occurrence of dowry deaths?

The Parliament has attempted to combat the problem of dowry deaths and to stem their increase in recent years by inserting Section 304-B in the Indian Penal Code. This Section provides the following:- the death of a woman is caused by burns or bodily injuries or occurs, otherwise than under normal circumstances; within seven years of marriage; it is shown that just before her death, she was subjected to cruelty and harassment by her husband or his relations for or, in connection with any demand for dowry, such death is known as a 'dowry death'. The section also provides that the husband or the relatives shall be assumed to have committed the offence, if the above circumstances are proved.

Q: Is suicide also covered under death, not under normal circumstances?

Yes, if a woman commits suicide within seven years of her marriage and, it can be proved that it was due to a demand for dowry, S. 304-B will be invoked.