This blog is inscribed by Lakshay Diwan
“Dowry” may be a word that is quite common in Indian society. It is a practice that has become a leech for our traditional society and continues to wear down the beautiful union of two individuals- marriage. It is not a tradition of newer times but that which has been followed for ages. Its impact on Indian society is so profound that one can only hope and make efforts to lower its rate instantly. Several laws have been passed to forbid the practice of dowry, but it is evident that the grasp of the legal system is quite weaker than this deep-rooted practice of dowry. [1]
What is the current Anti-Dowry Law in India?
Dowry is illegal in India under the anti-dowry law. Under the Dowry Prohibition Act, any act to demand or give dowry is punishable in India. The punishment for violating the anti-dowry law is imprisonment for up to five years and a fine of Rs. 15,000 or the worth of dowry given, whichever is more. The payment of dowry has long been prohibited under Indian laws specifically including the Dowry Prohibition Act,1961 and also under Sections 304B and 498A of the Indian Penal Code,1860. The Dowry Prohibition Act, 1961 defines dowry as "Dowry means any property or valuable security given or agreed, either directly or indirectly - (a) by one party in a marriage to the other party; or (b) by the parents of either party to a marriage or by any other person to either party to the marriage or the other persons; at or before or after the wedding as consideration for the wedding of the said parties, but this doesn't include dower or mahr within the case of persons to whom the Muslim Personal law applies." However, Article 3 of the same act specifies that the penalty for giving or taking dowry does not apply to the presents that are given at the time of marriage to the bride or bridegroom when no demand for them has been made.
When the gift is given by the bride’s parents of their own choosing to the newly married couple without being pressured or asked. The list of such gifts is involved by the family lawyer alongside the value of gifts and a declaration that they got to the couple out of the parents’ own choice. The groom’s family has a copy of the list of gifts and they are given only for the couple’s use.
Yet there is growing criticism and constant uproar, especially from the men that the dowry laws are often being misused, particularly section 498A of the IPC which is now perceived by many in India as a law being prone to misuse more than use, primarily because of mechanical arrests by the police[2].
Misuse of the Anti-Dowry Law is when the strict provisions of the law are used to blackmail the husband and his family and relatives which has become quite a prevalent practice nowadays. The number of false cases under 498A is a clear misuse of anti-dowry laws and has been termed as ‘legal terrorism’ by the Supreme Court of India. The biased nature of this law has enabled women to file a false case against their husbands for meager reasons such as, to get out of the marriage due to her inability to adjust to the new family or extract money from their husbands via blackmailing. Also, it has been observed that sometimes they do this to reconnect with a man she was previously associated with while blaming the husband for his greedy acts to protect her dignity and respect in the society. [3]
Conclusion
“Dowry” as a custom is deeply rooted in Indian society and cannot be completely eradicated suddenly. The main reason for not being able to eradicate this custom is the lingering patriarchal mentality, thoughts, and way of thinking of the Indians. In India, boys are well-educated so parents demand dowry in marriage as a fee for marrying their 'educated' son to the daughter who is less educated. The higher the education level of this person, the more stable his financial situation is yet the more dowries are demanded. Similarly, the girl’s parents will give them a lot of education so that they can marry her to a rich family. They do not hesitate to provide a dowry, because they conform to this banned custom and want their daughters to be married into rich families with educated grooms. Despite many laws aiming to curb this evil practice only a handful of criminals have been convicted. This kind of social evil can be eradicated only when people’s mentality changes. When people may know that marriage with or because of expensive dowry is synonyms to selling their daughters and sons, only then the roots of customs will begin to erode and it could be completely eradicated, but this period still seems to be far away.
Recommendations
For decreasing dowry-related matters some steps may be taken such as we have to change back to our ancient value-based society, where the women were respected like in Ramayana and Mahabharata. Secondly, women need to be motivated to become well educated and economically independent. Moreover, it should be ensured that in dowry death cases the police investigation is fast and unbiased instead of corrupted and disorganized.
[1] https://www.lawhousekolkata.com/2019/03/09/dowry-laws-in-india/ [2] https://www.lawcolumn.in/laws-prohibiting-dowry-in-india/ [3] https://www.lawcolumn.in/laws-prohibiting-dowry-in-india/