A Brief study on

Dowry System in India and the effect of Dowry Prohibition Act,

1961

PROJECT SUBMITTED TO: PROJECT

SUBMITTED BY :

Mr. SANDEEP SUMAN SIR SHUBHANKAR THAKUR

(FACULTY MEMBER OF

COMPARATIVE CRIMINAL PROCEDURE) SEMESTER- VIII

ROLL NO.: 149

SEC.-C
(B.A., L.L.B (Hons.)

(DATE OF SUBMISSION- 06/04/2017)

HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA, NEW RAIPUR (C.G.)

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 CERTIFICATE OF DECLARATION

The researcher hereby declares that the project work entitled Dowry System in India and the
effect of Dowry Prohibition Act, 1961 submitted to Hidayatullah National Law University,
Raipur, is a record of an original work done by the researcher under the guidance of Mr.
Sandeep Sir, faculty member of Comparative Criminal Procedure (Hons. II), Hidayatullah
National Law University Raipur.
The research done by the researcher is his own original work and wherever excerpts from the
works of different authors have been taken, they have been duly acknowledged.

Declared By:

Shubhankar thakur
Roll No. 149
Section-C
Semester- VIII
B.A., L.L.B (Hons.)

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 TABLE OF CONTENTS

Research Methodology.......................................................................................4
Objectives of the study...........................................................................4
Introduction...5
What is Dowry means........................................................................................................6
Cause of Dowry System ...................................................................................................10
Effect of Dowry System...........................................................................11-12

Conclusion..24
Reference....................................................................................................................25

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 RESEARCH METHODOLOGY

This research is descriptive and analytical in nature. Secondary and electronic resources have
been largely used to gather information and data about the topic.

Books and other reference as guided by the faculty have been primarily helpful in giving this
project a firm structure. Websites, dictionaries, articles and cases have also been referred.

OBJECTIVES OF THE STUDY

This project seeks to give a brief idea about Dowry System presently prevailing in India and
how much impact or attention it has got after the enactment of Dowry Prohibition Ac, 1961.
The project also opens up some effective suggestions to eradicate this system from the root.

Following are the objectives of the given project report:

To deal with the little history of Dowry System, how it get started in India.

To discuss the evil effect of dowry system and solution to eradicate it.

Also to discuss the impact of Dowry Prohibition Act, 1961 on the evil effect prevailing in the
society.

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 INTRODUCTION

When we think of the deep-rooted social evils in our society, dowry system seems to be one
of the most influential of them. With its adoption across different communities across
religions or caste has led to a century old ceremony turn into a social atrocity. The gift
exchange ceremony to induce harmony in the relations has been severely modified to impose
forced monetary extraction from the brides family. Be it in cash or kind, additional financial
burden takes a toll on the sufferer.

Dowry is derived from the ancient Hindu customs of "kanyadan" and "stridhan". In
"kanyadan", the father of the bride offers the father of the groom money or property, etc.
whereas for "stridhan", the bride herself gets jewellery and clothes at the time of her
marriage, usually from her relatives or friends. In "varadakshina", the father of the bride
presents the groom cash or kind. All of these could be done voluntarily and out of affection
and love.

One of the biggest menaces of the Indian society is the dowry system. This fact that it is
condemned by every modern citizen of this country and yet it still flourishes at a very large
scale in our society is a testimony of how deeply rooted this system is in the Indian society.
Dowry (dahej) is one of the most ancient practices of India and Oxford dictionary defines it
as an amount of property or money brought by a bride to her husband on their marriage. But
the origins of dowry are far nobler than we imagine. Dowry was started by wealthy
businessmen, kings and other influential people of the society as a means to give girls their
due in the ancestral property as in those times, even till recent times, all the money and
property went to the sons only. Later on it was used to provide seed money or property for
the establishment of a new household. Till then the amount and contents of dowry were
decided solely by the parents of the bride1.

In India dowry is the payment in cash or some kind of gifts given to bridegrooms family
along with the bride. In India the dowry system has been putting great financial burden on the
daughters family. It has been one of the reasons for families and women in India resorting to
sex selection favouring to have a son. This has distorted the sex ratio of the India and has
given rise to female foeticide. The payment of a dowry has been prohibited under the 1961

1 http://www.importantindia.com/23872/dowry-system-causes-effects

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Dowry Prohibition Act in Indian civil law and subsequently by Section 304B and 498A of the
Indian Penal Code.

Dowry originated in the upper caste families as insurance to the bride to take care of herself
and her children during crisis. The dowry has been considered as Stridhan where Stri mean
women and dhan means wealth. It is a custom that is prevalent in all the sections of our
society in one form or the other. At the beginning it was voluntary, but later on the social
pressure was such that very few could escape from it.

The dowry at present is a source of both joy and curse in the society. It is also a joy to the
husband and his relatives who get cash, costly dress and utensils, furniture, bedding
materials, etc. But, it is a curse to the brides parents who have to bear enormous cost to
satisfy the unreasonable demands of the bridegrooms party. A demand of dowry does not
diminish even after marriage. The in-laws of the bride are very much ready in Indian homes
to inflict harassment, insults and tortures-both mental and physical. When more pressure is
put on the brides parents, their dear daughter has no other option but to commit suicide to
avoid more insult and torture at the hands of the members of her husbands family.

This curse of Dowry System must be eradicated forth with at any cost. Women from every
walk of life, literate or illiterate, poor or rich, young or old must unite together and come
forward to protect their own honour and interest. Though the Government has promulgated
certain anti-dowry laws, these have not produced the desired results. Peoples efforts are also
necessary if this evil is to be removed once for all. The high expenditure of the marriage
ceremony must be cut down2.

Women must be empowered. Gender-based inequality should be completely abolished and

the position of women in the society should be raised. Women must be taught since girlhood
that their life is not useless without marriage.

Girls should get the opportunity to get education at schools. After completion of school
education, they should be encouraged to have higher education. Proper education of girls
would be helpful in educating girls and women of their rights. Their age of marriage should
be raised. They should be encouraged to enter into various fields of paid jobs, as their higher

2 http://www.importantindia.com/23872/dowry-system

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economic status also discourages demands for dowry. The practice of mass marriage should
be encouraged for the sake of economy.

What the Dowry is?

Dowry ( Dahej) is one of the most ancient practices of India. The Dowry system is a social
evil. It is prevalent in all parts of India and almost in all the countries of the world. In India
many of the traditional customs have been given up, but the custom of dowry has it as the
hard cash, precious jewellery and other important thing given to the daughter in her marriage.
This evil is found in almost every community3. Now dowry is demanded by the grooms
parents and marriage takes place only if a certain amount of dowry is paid by the brides
parents. Today dowry is given as compensation to grooms family. Today India is suffering
from many social evils and superstitious and Dowry system is one of them.

Parents ask for the amount they have they have spent in educating and upbringing their son. It
is also considered as a status symbol, especially in the high class, and generally the items of
dowry are flaunted and hyped by both parties. Many young women commit suicide because
of this system. Their parents cannot collect the required fund. It has become truly difficult to
find the suitable match for the girl without giving the demanded dowry. Nowadays, marriage
has become a kind of business and misuse of girls parents. The system of dowry in India is a
very serious matter and a black spot on the Indian society. Except India the dowry system is
not found in any other country. From this it could be easily observed that the women are not
treated equally and fairly as men. After marriage also they are treated badly and harassed her
for dowry and still there is no end of it. Dowry system is against the law of equality between
man and woman. Today dowry is considered as the crime, both giving and taking. Thousands
of cases has been observed every year but only few of them put to court for not only
continued, but flourished over the years. Even in the old age the dowry system was in vogue
and dowry was used as means for striking a good match. In due course dowry became an
integral part of the marriage and is generally accepted by the society as necessary evil.

3 http://www.importantindia.com/23872/dowry-system-causes-effects-solution

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According to Wikipedia, Dowry in the sense of the expression contemplated through the
Dowry Prohibition Act is a demand for property of valuable security having an inextricable
nexus with the marriage, i.e., it is a consideration from the side of the brides parents or
relatives to the groom or his parents and/or guardian for the agreement to marry the bride-to-
be.

According to Merriam-Webster dictionary, dowry is the money or property that a wife or

wifes family gives to her husband when the wife and husband marry in some cultures.

Similarly, the Oxford dictionary defines it as the amount of property or money brought by a
bride to her husband on their marriage.

The word dowry owes its origin to Anglo-Norman French word, dowries, and has continued
to exist for long in the society. The practise, which once was a gift exchanging ceremony, has
transformed into a dilapidated social evil, striking the very building blocks of the relation to
shatters. The grooms family seemingly go reluctant to part with the dowry and its the brides
family which faces the brunt4.

The ancient India cannot be accounted for the downfall of status of women in the society and
the surge of the dowry system. According to several studies, dowry wasnt the primary
requisite to initiate the selection of the bride. Rather, her personal characteristics, and eticates
as a human defined her stance for the perfect partner to the groom5.

According to Al-Biruni, dowry system wasnt practised in ancient India as early as 1035 AD.
Marriage was not a liability, rather, it was the event of peace and enjoyment. The male would
gift a present to the girl and henceforth held no right to ask for it back again. Rather, the girl
held the discretion in the process and could return the gift if she was not ready to marry the
entity.

4 http://www.importantindia.com/23872/dowry-system-causes-effects-solution

5 http://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india/35175

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Why these Social Evils prevail in India?

There are several reasons for the prevalence of the dowry system, but the main one is that it is
a necessary precondition for marriage. No dowry, no marriage is a widespread fear.
Families arrange most marriages, and a man who does not marry for love, marries for
possessions. For this man and his family, a woman becomes the ticket to shortcut to become
rich through the system of dowry. The girls parents do not protest against this, as they regard
it as a stepping-stone towards higher social status.

The factors and forces responsible for the practise of dowry in India are: firstly early
marriages for girls, limited field for marriage, hypergamy, patriarchy, importance of
education a false sense of prestige, materialistic attitude and economic prosperity6.

Causes of Dowry System

The causes of dowry system is explained below:

Greed-Expectation: When the marriage ceremony talks are initiated, a major sector of
the society holds the thought that it is the event for extortion from the brides family.
Several reasons are cited including the dowry is being demanded to compensate the
costs of the grooms education and liability. Well, the fact that the girl is also a
responsibility for the family, not a liability, is ignored widely. The primary reason
behind such desperate measures can be justified through the greed factor. Owing to
expectations of material benefits from the brides family, dowry is demanded for, and
at times, when the demands are not met, either the marriage is called off, or the bride
is exploited leading to domestic violence.

Social Status: The ancient India was quite liberal in the event of gift exchange during
marriage. All of it would rest upon the financial status of the families. However, at
present, the dowry amount and in-kind gift exchange has led to depletion in status of

6 http://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india-
problems-social-dimensions-and-other-details/35175

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 women in the society, and led to depiction of social stance through the networth
exchanged. The financial status of the brides family is of little or no significance to
the grooms family leading to prospective dowry extortion in a marriage. Yet again,
the brides family try to pay it out owing to the fact that losing a marriage proposal
would deteriorate their status in the society7.

Illiteracy: With a literacy rate of 74.04% in the country, it is quite valid to consider it
the primary cause for different social evils. Being from the segment that is not
knowledgeable about the laws and legislation, they face several atrocities owing to
dowry exchange practices. They are left with little or no choices and have to meet the
demands of the grooms family, which when not met, leads to exploitation of the
women.

Status of Women: It is quite obvious that womens status in the society is not an equal
one. The plight doesnt end here. Rather, the society owes its infrastructure buildup to
the effective contribution of both genders alike. However, it is significantly ignored
and the ultimate sufferers are the women in such setup. The dowry system is the
brainchild of such mindset and is the primary reason behind the plight of women in
the nation.

Lack of Willingness to adhere to laws: The Government of our nation has drafted
several legislation to counteract the dowry system. However, after the decades of
drafting, these laws are still insignificant and this social evil still resides in our
society. Seemingly, the primary reason behind the failure is lack of mass participation.
People pay no heed to such laws and make sure to exploit the dowry system to gain
material benefits under the veil of a marriage proposal. Hence, the demands are made,

7 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-
women-bride-culture-husband-physical-mental-sexual-suicide

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 and owing to ignorance of anti-dowry laws, the brides family suffer at the hands of
the groom and his family8.

Effects of Dowry System

The effects/ impact of dowry system is discussed below:

Initiates gender imbalance: When we speak of gender inequality in the nation, dowry
system can be considered the catalyst for this issue. According to the social
infrastructure of the nation, it is a common perception that a woman is a liability and
is to be married off someday, with a dowry debt at disposal. Well, for the masses, the
birth of a girl is an inception to long-term plans to pay off the dowry along with the
child9.

Social Effects: Society owes its origins to masses and when we speak of the
constituent evils of the segment in our subcontinent, dowry system is one of the most
leveraged one. Being widely practiced across the nation, every other family faces the
brunt of it. If a demand is not met by the brides family, she suffers at the hands of her
grooms family leading to social imbalance and emotional breakdown. Seventy % of
our population resides in the villages and this practice still holds its stance midst the
economy and the society as a whole. The society seemingly judges the worth of a
person on the basis of dowry accepted or received and this framework can be
attributed to the detrimental status of woman in the society10.

Decrements status of women: When a girl is born, for particular individuals, the
societal framework is dismayed. She is no longer a happiness and her birth is no more

8 http://www.yourarticlelibrary.com/society/dowry/dowry-system-in-india-
problems-social-dimensions-and-other-details/35175

9 http://www.preservearticles.com/201012271778/note-on-dowry-system

10 http://www.yourarticlelibrary.com/society/dowry/dowry-system-india/47642

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 an occasion. She is deprived of basic rights to education, freedom and speech.
However, owing to the basic structure, and the dowry ideology, her ordeal doesnt end
with marriage. For a female individual, with little or no self economic support, she
exists at the assistance of her groom. Hence, when his demands arent met, it leads to
the breakdown of the empathetic relation between the two entities leading to disparity.
After a period, this ordeal doesnt come to conclusion, rather, it leads to domestic
violence and poses a serious threat to the future of the family. The girl loses on her
freedom once she is married and it yet again, comes at the cost of a dowry debt11.

Promotes domestic violence and crime: Dowry system initiates the act of violence in
the society. When demands are not met by the brides family, the atrocities elevate
proportionately. At times, extreme steps are undertaken to shell out financial grants or
material benefits from the brides family. Well, yet again these steps can be attributed
to the much debated domestic violence. The crimes against women take a surge owing
to this structure of extortion.

Economic effects: Economy is not just the financial stockpile of the nation. Rather, it
is a deep-vested, mass effort to bring the platter for every individual. Dowry system,
though it seems a minor social evil can affect the nation and its individuals alike.
Owing to this setup, women arent granted equal rights and opportunities, leading to
loss of economic workforce from the segment. Women are active participants in the
development of the nation, and if their rights are hampered at the domestic level, it
affects our economic build-up significantly. We lose the consistent workforce at the
hands of a social evil and hamper the growth of our own home and the society.

Deteriorating financial status of brides family: Dowry doesnt affect the bride alone.
Rather, its ordeal extends to brides parents and they have to bear the financial
demands of their counterparts to ensure well-being of their child. With regular
demands from the grooms family, reports of suicides are yet again common in the

11 http://www.pardesiservices.com/tradition/arrangedmarg

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 country. Needless to say, this social evil should necessarily be eradicated for the
society and the nation12.

Loss of self-esteem among the women: The demands being met for the welfare of the
bride comes at a cost. Out of concern for her parents, she loses on self-esteem by
believing she is a burden on her family. It costs her peace of mind, and her right to a
better life. Dowry system has imposed an invisible chain upon the freedom and self-
respect of women and continues to haunt them since time eternal. Observing the
problem closely, the greed of an individual ruins the peace of a beautiful brain13.

Consequences of the Dowry System

The consequences or demerits of dowry system include: female infanticide, late marriages for
some girls, unsuitable matches for girls, lowering of womens status, increase in immorality,
suicide and impoverishment of middle class families by paying dowries and a large number
of dowry death14.

Laws Against Dowry System in India15

The Dowry Prohibition Act, 1961: The Dowry Prohibition Act of 1961 was one of the
most significant attempt for the uplift of womens status in the society and the
abatement of dowry system. This legislation marked the inception of an evolution
leading to development of a legal infrastructure which effectively monitored the
exchange and facilitation of exchange of dowry. It imposes a penalty in section 3 in
case of exchange or demand for dowry. The minimum term for the lay-off was 5 years
and a minimum fine of INR 15,000 or the amount of dowry, depending upon

12 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-
women-bride-culture-husband-physical-mental-sexual-suicide

13 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-
women-bride-culture-husband-physical-mental-sexual-suicide

14 http://www.yourarticlelibrary.com/society/dowry/dowry-system/47642

15 http://www.preservearticles.com/201012271778/note-on-dowry-system

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 whichever is higher. In case a demand for dowry was made, it was equally punishable
in the legislation. Well, if a direct or indirect demand was made, it would invoke a
prison term of 6 months at the threshold with a fine of INR 10,000.

Protection of Women from Domestic Violence Act, 2005: Women are one of the most
significant assets of the society and are active contributors in an all round
development of the nation. However, owing to the male dominated setup in our
society, they suffer both physically and mentally. Well, their ordeal is not limited to
the society as a whole. Rather, several cases reveal that domestic violence is still a
significant deterrent against the uplift of the womans status in the society.

To counteract the abuse women face at their own abode, the Protection of Women from
Domestic Violence Act, 2005 was passed. It facilitated a civil law solution to protect a
woman from domestic violence in India. The definition and the segments included in the
legislation are diversified and include all forms of abuse, namely, physical ,emotional,
economic, sexual or verbal aggression16.

List of Amending Acts

1. The Dowry Prohibition (Amendment) Act, 1984

2. The Dowry Prohibition (Amendment) Act, 1986
3. This Act may be called as the Dowry Prohibition Act, 1961

In this Act, dowry means any property or valuable security given or agreed to be given
either directly or indirectly.

(a) By one party to a marriage to the other party to the marriage, or

(b) By the parent 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 anytime 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 applies.

The word dowry should be any property or valuable given or agreed to be

given in connection with the marriage. The customary payments in connection

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 with birth of child or other ceremonies are not involved within the ambit of
dowry; Satbir Singh v. State of Punjab17

Dowry in the sense of the expression contemplated by Dowry Prohibition

Act is a demand for property of valuable security having an inextricable nexus
with the marriage, i.e. it is a consideration from the side of the brides parents
or relatives to the groom or his parents for the agreement to wed the bride-to-
be. But where the demand for property or valuable security has no connection
with the consideration for the marriage, it will not amount to a demand for
dowry; Arjun Dhondiba Kamble v. State of Maharashtra18.

Any property given by the parents of the bride need not be in consideration of
the marriage, it can even be in connection with the marriage and would
constitute dowry; Rajeev v. Ram Kishan Jaiswal19.

Dowry means any property given or agreed to be given by the parents of a

party to the marriage at the time of the marriage or before marriage or at the
time after the marriage in connection with the marriage. So, where the
husband had demanded a sum of Rs. 50,000 some days after the marriage
from his father-in-law and on not being given became angry tortured the wife
and threatened to go for another marriage, it was held that amount was being
demanded in connection with the marriage and it was a demand for dowry
though it was demanded after the marriage; Y.K. Bansal v. Anju20.

A sum of money paid by a Mohemmadan in connection with his daughters

marriage to prospective bridegroom for the purchase of a piece of land in the
joint name of his daughter and would son-in-law is not dowry within the
meaning of the Act; Kunju Moideen v. Syed Mohamed21 .

17 AIR 2001 SC 2828

18 1995 AIHC 273.

19 1994 Cri LJ NOC 255(All).

20 All LJ 914

21 AIR 1986 Ker 48.

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 Where the demand was made after the marriage for the purchase of a car, it
was held that it did not fall within the definition; Nirdosh Kumar v. Padma
Rani22.

Definition of dowry is not restricted to agreement or demand for payment of

dowry before and at the marriage but also includes demands made subsequent
to marriage; State of Andhra Pradesh v. Raj Gopal Asawa23.

Demand of dowry in respect of invalid marriage would not be legally

recognisable; Reena Aggarwal v. Anupam24.

If any person, after the commencement of this Act, gives or takes or abets the giving or taking
of dowry, he shall be punishable with imprisonment for a term which shall not be less than
five year, and with fine which shall not be less than fifteen thousand rupees or the amount of
the value of such dowry, whichever is more.

Provided that the Court may, for a adequate and special reasons to be recorded in his
judgement, impose a sentence of imprisonment of a term of less than five years. Shall apply
to, or in relation to:

(a) Presents which are given at the time of a marriage to the bride (without any demand
having been made in that behalf).
(b) Presents which are given at the time of a marriage to the bridegroom (without any
demand having been made in that behalf).

Provided that such presents are entered in a list maintained in accordance with the rules made
under this Act.

Provided further that where such presents are made by or on behalf of the bride or any person
related to the bride, such presents are of a customary nature and the value thereof is not
excessive having regard to the financial status of the person by whom, or on whose behalf,
such presents are given.
22 1984 (2) Rec Cr R 239.

23 AIR 2004 SCW 1566.

24 AIR 2004 SC 1418.

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 (1) Section 3 does not contravene articles 14, 19, 21 and 22 of the Constitution and
therefore this section is not ultra vires of the said articles; Indrawati v. Union of
India25.
(2) The offence is founded in the relationship of the property demanded as abettor with
the nature of demand. It should not bear a mere connection with marriage; Madan
Lal v. Amar Nath26.

Penalty for demanding Dowry

Penalty for demanding dowry:- If any person demands, directly or indirectly from the
parents or other relatives or guardians of a bride or bridegroom, any dowry, he shall be
punishable with imprisonment for a term which shall not be less than six months, but
which may extends to two years and with fine which may extend to ten thousand rupees.

Provided that the Court may, for a adequate and special reasons to be mentioned in the
judgement, impose a sentence of imprisonment for a term of less than six months.

(1) The mere demand of dowry before marriage is an offence.

(2) The offence of demanding dowry stood committed even before the marriage was
performed and also when the demand was repeated again and again after the
performance of marriage in respect of the same items of dowry.
(3) The deceased had before being set on fire by her in-laws written a letter to her father
that she was being ill-treated, harassed and threatened of dire consequences for non-
satisfaction of demand of dowry. Thereby proving that an offence of demanding
dowry under section 4 had been committed.
(4) There had been no agreement between either parties to neither the marriage nor their
relations to give any property or valuable security to the other party at or before or

25 I (1991) DMC 117 (All).

26 (1984) 2 Rec Cr. 581.

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 after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of
Rs.50,000 and 15 tolas of gold will not amount to demand of dowry but demand of
valuable security and the said offence does not attract section 4 of the Dowry
Prohibition Act.
(5) Furnishing of a list of ornaments and other household articles at the time of settlement
of marriage amounts to demand of dowry and accused are liable to be convicted under
section 4.
(6) Section 4 of Dowry Prohibition Act is not ultra vires nor does it contravene Articles
14, 19, 21, 22 of the Constitution; Union of India27,

Ban on advertisement: - If any person

(a) Offers through any advertisement in any newspaper, periodical, journal or through
any other media, any share in his property or of any money or both as a share in any
business or other consideration for the marriage of his son or daughter or any other
relatives.
(b) Prints or published or circulates any advertisement referred to in clause (a),
He shall be punishable with imprisonment for a term which shall for a term which
shall not be less than six months, but which may extends to five years, or with fine
which may extend to fifteen thousand rupees.
Provided that the Court may, for adequate and special reasons to be recorded in the
judgement, impose a sentence of imprisonment for a term of less than six months.

Agreement for giving or taking dowry to be void :- Any agreement for the giving or
taking of dowry shall be void.

Dowry to be the benefit of the wife or her heirs:-

(1) Where any dowry is received by any person other than the women in connection
with whose marriage it is given, that person shall transfer it to the woman-

27 1 (1991) DMC 117 All.

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 (a) If the dowry was received before marriage, within three months after the date
of marriage; or
(b) If the dowry was received at the time of or after the marriage, within three
months after the date of its receipt; or
(c) If the dowry was received when the woman was a minor, within three months
after she has attained the age of eighteen years, and pending such transfer shall
hold it in trust for the benefit of the woman.
(2) If any person fails to transfer any property as required by sub-section (1) within
the time limit specified or a required by sub-section (3), he shall be punishable
with imprisonment for a term which shall not be less than six months, but which
may extend to two years or with fine which shall not be less than five thousand
rupees, but which may extend to ten thousand rupees or with both.
(3) Where the women entitled to any property under sub-section (1) dies before
receiving it, the heirs of the woman shall be entitled to claim it from the person
holding it for the time being:
Provided that where such woman dies within seven years of her marriage,
otherwise than due to natural causes, such property shall-
(a) If she has no children, be transferred to her parents; or
(b) If she has children, be transferred to such children and pending such transfer,
be held in trust for such children.

Dowry Prohibition

In response to the criticism of the dowry system the Indian government acted in 1961 by
legislating the Dowry Prohibition Act in 1961. The Dowry Prohibition Act outlawed the
practise of the dowry system. It is realized in India that the practise still exists. Today, many
dowries are accepted directly but more commonly through direct means. The law can also be
circumvented as gifts given without precondition are still considered legal.

The Dowry Prohibition Act does not outline punishments for participating in the dowry
system; these punishments include imprisonment or a fine. The fine usually is 5000 Rs and
the term of imprisonment will not exceed six months28. The Dowry Prohibition Act also
prompted more awareness of the potential harm to women. In the past instances had been
known where the bride had been burnt to death when an insufficient dowry was presented so
28 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-
women-bride-culture-husband-physical-mental-sexual-suicide

19
that the groom could remarry. In light of these situations the government now investigates the
death of recent brides particularly if the death is believed to be suicide. There is no charge or
penalty for filing a false case of dowry death. The charge of dowry death can be considered
within seven years of the suspected death and the charge is prompted through evidence of
suspected mistreatment prior to the death. The charge of dowry death carries a sentence
ranging from seven years of imprisonment up to life29.

Solution

The solution/preventive measures aimed at curbing the dowry system is summarized below:

Education: Education is the primary catalyst of growth in any nation. If we have to

reach out across the nation and make sure the mainstream community is at par with
the nations prospects, education is a necessity. Lack of education leads to
irresponsible decisions leading to financial exploitation from a marriage relation.
Dowry system is a social evil and owes its origination to ignorance and illiteracy.
Eradicating this evil is not possible without educating the society. The legislation
arent enough to bring a revolution. Rather, the masses are the ones who hold the
concentrate to eliminate the dowry system.

Making women self-dependent: The female sect of our society is an active contributor
in the development of the home, the society and the nation as a whole. To churn out
productivity, and ride upon the reins of development, women empowerment is a
necessity. However, owing to the dowry system, they are exploited both emotionally
and verbally. It hampers their development and thought process. Hence, ensuring
employment opportunities for the female sect and making education feasible seems
the first step to ensure annihilation of dowry system from the society. In the long run,
legislations will turn out to be effective, if crimes are reported, and a well educated

29 http://www.yourarticlelibrary.com/society/dowry/47642

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 society inclusive of self-dependent women will ensure robust reporting of dowry
related crimes30.

Gender Equality: The primary reason behind dowry system is the existence of a
patriarchal society. Owing to such a social infrastructure, the dowry system still finds
its takers and propagators. To ensure removal of dowry system from the nerves of our
system, gender equality is the second step. Educating children about the drawbacks of
dowry system, and making sure that they inculcate the spirit to boycott it, is the long-
term solution to the issue. To eradicate this evil, we need to learn and educate others
about the ill-effects of it and it can be achieved by providing equal rights to both
genders. Well, granting equal employment opportunities wont be enough. Rather,
altering the mindset of the masses, and making them realize that a girl child is an
entity, not a liability is the long-term solution to the issue31.

Initiating Mass Media Campaigning: Media is the propagator of knowledge and the
janitor of information interchange. Well, almost every single revolution owes its
origins to media campaigns. Yet again, the dowry system asks for a revolution. The
legislation has been in the stock for the past few decades, but they have been
ineffective to deal with the case32. However, media holds the potential to remove
dowry system from the mainstream Indian society. By publishing related news and
making the authorities aware of any reported case of dowry related crime, they can
keep an effective check upon the prospects. Enhancing information interchange is the
first step to a well-aware community and media is the perfect medium for the task.

Government Initiatives33: Government is the body which holds the key to

development of a nation. It is the formulator of laws and executes them to make sure
30 http://www.pardesiservices.com/tradition/arrangedmarg.asp

31 https://www.youthkiawaaz.com/2010/12/dowry-system-in-india-then-and-now

32 http://www.importantindia.com/23872/dowry-system-causes-effects-solution

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 people follow them for the betterment of the society. Dowry system has been a part of
the society since time eternal. The government has made legislation to limit the dowry
exchange. However, it has turned out to be ineffective. Well, to ensure the people
follow the laws, proper implementation should be carried out. It should monitor the
sentiments of the community and ensure that no dowry exchange exercises are carried
out.

Social Awareness Campaigns: When we speak of awareness and revolution, we have

to recall that it cannot be brought about by the legislation or the government alone.
We as individuals, make up the society, and the first step for change is to be initiated
by the society itself. Dowry system has long been exploiting the weak and hampering
the right to peaceful existence of a woman. Well, government can formulate rules, it
depends upon the community to follow it or not. Hence, social awareness is the
necessity to ensure robust annihilation of dowry system from the nation. It is a feat
which cannot be achieved by the government alone. Active community participation
is the primary requisite to make people aware of their rights and hence, in the long
term, garner women their rights, and grant them apodictic freedom.

The Way Forward

The present day dowry system in India symbolizes the disinheritance of women and the
desperation of parents to push their daughters out of their homes after marrying them off, on
matter how this affects their well-being. Failure to do so is considered a severe stigma on the
familys reputation (izzat). Since the woman is being sent as a disinherited dependent, the
receiving family has to be compensated34.

Once women become equal inheritors, parents will not have to depend only on sons and
daughters-in-law for old age security because daughters too will be empowered to take care
to their parents. This will make families less male-centric and therefore, less prone to violent
trussless. We need to combat the culture of disinheritance if we wish to effectively combat

33 http://pulitzercenter.org/projects/asia-india-dowry-marriage-violence-against-
women-bride-culture-husband-physical-mental-sexual-suicide

34 http://www.importantindia.com/23872/dowry-system-causes-effects-solution

22
growing hold of dowry culture. For this the following steps are likely to work better than
anti-dowry laws:

1. Encourage parents through widespread, high profile campaigns, to gift mainly

income-generating forms of property to their daughter( land, house or business shares)
depending on the economic status of the family.
2. Encourage those parents who can afford it to ensure that their daughter has a house,
room or even a jhuggi in her own name so that she is never rendered homeless, can
never be thrown out of the house35.
3. Amend the Hindu Succession Act to give coparcener rights to daughters at par with
sons as the states of Andhra Pradesh, Karnataka and Tamil Nadu have already done.
4. Amend the Hindu Succession Act to make it illegal to routinely disinherit daughters
through their wills unless they can provide strong extenuating circumstances for doing
so.

35 https://www.youthkiawaaz.com/2010/12/dowry-system-in-india-then-and-now

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 CONCLUSION

The dowry system is a multi-faceted issue that is neither straightforward nor constant.
Definition apart, there are many variations to the practise of dowry payments- the size, form
and function of payments. It is context and time specific; dowry can e security blanket for
married women by giving them a fund of their own, but it has also been used to indicate the
low status for women by reinforcing patriarchal cultures and leaving women vulnerable to
violence.

It had been demonstrated that dowry-paying societies tend to have more complex societal
structures, substantial socio economic differentiation and class stratification, and
monogamous and endogamous marriage practises. These societies also typically feature low
female contribution to agriculture, and high levels of dependence of women and children on
husbands economic support.

In contrast to Brazil and China, as well as most other dowry-oriented societies in which
payments have declined with modernization, dowries are still widely popular in South Asia.
Moreover, dowry has been labelled and criticized as a problem as it serves to empower
men and dis-empower women in relative to one another.

REFERENCE

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http://www.infipark.com/articles/essay-dowry-system-india/
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