Definition of Dowry
A dowry is the transfer of parental property to a daughter at her marriage rather than at the owner's death. A dowry establishes a type of conjugal fund, the nature of which may vary widely. This fund may provide an element of financial security in widowhood or against a negligent husband, and may eventually go to provide for her children. Dowries may also go toward establishing a marital household, and therefore might include furnishings such as linens and furniture. Dowry is also called Dahej in Hindi.
Dowry basically refers to durable goods, cash, property whether movable or immovable property which is given by the bride`s family to groom or groom`s family as a condition of marriage. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the bridegroom's family along with the bride and includes cash, jewelry, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newlyweds set up their home. The dowry system puts huge financial burden on the bride's family.
Definition of ‘Dowry’ as per Dowry Prohibition Act,1961
Dowry means any property or valuable security given or agreed to be given either directly or indirectly—
- by one party to a marriage to the other party to the marriage; or
- by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
- at or before [or any time after the marriage] [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat).
Dowry (Ancient Scenario)
The ancient marriage rites in vedic period are associated with “Kanyadan”. It is laid down in dharmashastra that the meritorious act of kanyadan is not complete till the bridegroom was given dakshina. When the bride is given over to the bridegroom he has to be given something in cash or kind which constitute vardakshina. The vardakshina was offered out of affection and did not constitute any kind of compulsion or consideration for marriage. It was a voluntary practice with none coercive overtones.
Dowry (Present Scenario)
Today dowry has become a widespread evil and social menace and biggest problem faced by women. Marriage is becoming a big source of exploitation and of getting rich overnight in some communities. The spread of education has not helped in curbing the social evil of dowry. The, more highly educated is the young man, higher are the demands for the dowry. The dowry system is one of the primary cause of female infanticide and foeticide in India. Domestic violence is another consequence of this evil. Indian Parliament enacted the Dowry Prohibition Act, 1961, to minimize the evil effects of dowry. The object of Act is to prohibit the giving and taking of dowry.
Types of Dowry related offences under Indian Penal Code
Dowry crimes can occur with the threat or occurrence of violence, so that the bride's family is left with no choice but to give more dowry to protect their daughter. The northern and eastern states of India show higher rates of dowry related violence.
Dowry is considered a major contributor towards observed violence against women in India. Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage. The predominant types of dowry crimes relate to cruelty (which includes torture and harassment), domestic violence (including physical, emotional and sexual assault), abatement to suicide and dowry death (including, issues of bride burning and murder).
Dowry Death (Section 304-B)
Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Dowry deaths and dowry murder relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family. Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide by hanging herself or consuming poison. Dowry deaths also include bride burning where brides are doused in kerosene and set ablaze by the husband or his family. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire.
Abatement to Suicide (Section 306)
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Continuing abuse by the husband and his own family with threats of damage should lead to a female committing suicide. In such conditions, the dowry crime even extends to abatement of suicide, which includes all acts and attempts to intentionally propose, inspire, or assist in committing suicide. The effect of dowry can depart a female helpless and desperate, which could cum late in emotional trauma and abuse. Dowry related abuse reasons emotional trauma, melancholy and suicide. The offence of abatement to suicide is considerable due to the fact in many cases, the accused individuals regularly deliver up a defense that the sufferer dedicated suicide at her own volition, despite the fact that this can now not be authentic in truth.
Husband or relative of husband of a women subjecting her to Cruelty (section 498-A)
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punish with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.-For the purpose of this section, “cruelty” means-
any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Cruelty inside the shape of torture or harassment of women with the objective of forcing her to fulfill a call for assets or valuable protection is a shape of dowry crime. The cruelty could be in the form of verbal attacks or may be followed with the aid of beating or harassment on the way to pressure the girl or her family to yield to dowry demands. In many times, the cruelty may also even force the female to dedicate suicide and it has been specifically criminalized with the aid of the anti-dowry legal guidelines in India.
The basic essentials to attract Section 498-A are
- woman must be married;
- She must be subjected to cruelty or harassment; and
- Such cruelty or harassment must have been inflicted either by the husband of the woman or by the relative of her husband.
India, with its large population, reports the highest number of dowry related deaths in the world according to Indian National Crime Record Bureau .In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India.
At last demands hardly matter in front of love..!
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