Prohibition of Dowry

And to think that countless women are still being ‘burnt’ alive and tortured for dowry. Yes, despite the Dowry Prohibition Act, 1961, which is supposedly formulated to prohibit the evil practice of giving and taking dowry; despite the fact that a mere demanding of dowry is punishable under this Act, (and any agreement for giving or taking dowry is void under the Act), dowry still persists.

Four decades ago, it was felt that a legislature that makes the practice of dowry punishable will make a difference. Today, though the dowry threat lurks in every house contemplating marriage, the only consolation is, at least, the number has withered over the years. As for eradication, only time will tell.

Dowry as defined by the Act is any valuable security given or agreed to be given by one party to the other party, at/before or at any time after the marriage, in connection with the marriage.

Penalty

Imprisonment of not less than five years and fine which shall not be less than Rs 15,000 or the value of the dowry, whichever is more.

The Court may, for special reasons, which are to be recorded in the judgment, impose a term of imprisonment of less than five years.

If any person offers any share in property or any money or both as share in business or other interest as consideration for the marriage of his son/daughter, through any advertisement, in any newspaper/periodical, journal or other media or prints/publishes/circulates any such advertisements, such person shall be punishable for a term not less than six months but not exceeding five years or with a fine not exceeding Rs 15,000.

Exception

Gifts/presents given at the time of marriage to the bride/bridegroom are not considered to be dowry, provided…

They are given without any demand.

Lists of such gifts - their approximate value, the name of the givers etc. - should be maintained and should contain the signatures of both the parties to the marriage, or thumb impression if the party to the marriage is illiterate. If it’s latter, it should also have the signature of the person who has read out the list to the illiterate party.

Gifts should be of a customary nature and the value of such gifts should not be excessive and should have a regard to the financial status of the giver or the person on whose behalf they are given.

If the dowry has already been given before/at the time of marriage or after the marriage, the person who has received the dowry has to transfer back within three months from the date of marriage (if it was received before the marriage) or within three months from the date of its receipt (if it was received at the time or at any time after the marriage).

In case the woman is a minor, such person shall hold it in trust for the benefit of the woman and transfer it to the woman within one year after she has attained majority.

If the party concerned fails to transfer the property as required within the time limit as specified, he/she shall be punishable with imprisonment for a term of not less than six months, which may extend to two years or with a fine not less than Rs 5,000 (that maybe extended to Rs 10,000).