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).
Prohibition of Dowry
Indian Law: apathetic to Women's Rights?
Over three-quarters of Indian judges have never heard of the Convention on Discrimination against Women despite the Indian Government having ratified it. Shocked?
Apathy or Ignorance?
The first legal initiative to define the human rights of women in terms of women's reality is the Convention on Discrimination against Women. The Indian Government has ratified it. Yet more than 75 per cent of our judges had not heard of it.
Over 90 per cent of them said that they would not want their daughters or female relatives to opt for legal redress in case of domestic violence. Almost 75 percent of them felt that preservation of the family should be a primary concern for the women even if there was violence. 70 percent of our judges thought that wearing 'provocative' clothes was an invitation to a sexual assault.
These shocking findings were thrown up by a report prepared in late 1996 by Sakshi, a NGO working for women's rights. They clearly indicated that the Indian judiciary is still unaware of the issues regarding violence against women.
An emergency situation
Retired judge V.R.Krishna Iyer, who has served on the bench of the Supreme Court, has been quoted as having said that it is an emergency-like situation and judicial powers have to be used to restore the dignity of women.
He has time and again said that it is vital for judges to be sensitive towards issues of human suffering. But many of them are insensitive. Never appoint a person as a judge unless he has the capacity to weep in the face of human suffering, Justice Iyer has proclaimed on numerous public occasions.
More women lawyers?
What is needed is the sensitisation of the judiciary to women's issues. However, this is not enough. There must be more women judges. Lawyer Indira Jaising feels that unless this happens, getting justice for women will remain difficult. Of the 545 high court judges in India, only 10 are women. This might be the reason why women are afraid and nervous in courts.
Not women-friendly
Another report that Sakshi prepared by interviewing women litigants reveals that they feel self-conscious in a predominantly male environment in courts. Most of the women interviewed said that they were humiliated and embarrassed by the number of men staring at them. Such discomfort becomes acute in cases that deal with violence and sexual assault. Even when the defence asks the women offensive questions, the male judges do not see them as inappropriate, despite the objections raised by her or her lawyers. Judges are completely in the dark when it comes to the traumatic experiences of a woman subject to domestic violence or sexual assault.
Moving towards gender sensitivity
Sakshi is involved in gender sensitivity training - getting judges to understand the social context of violence against women and realise the gender inequalities prevalent in our society. It attempts to create in them empathy for victims of domestic violence and sexual assault.
There has been an alarming increase in the number of cases of violence against women. So we do need to examine the alternatives, other than the Indian law courts, that these women can employ to seek justice. But that does not mean that we ignore the failings of our judicial system. Our law courts have been guilty of holding women-victims in cases of violence and assault - in a perpetual state of consent. Unless this changes, justice for women in India will remain a distant dream.