DOWRY

Victims of 498a. The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the system of "streedhan" (women's share of parental wealth given to her at the time of her marriage). As a woman had no right to inherit a share of the ancestral property streedhan was seen as a way by which the family ensured that she had access to some of its wealth. There is no clear proof as to when this practice was first started in India. What began as gifts of land to a woman as her inheritance in an essentially agricultural economy today has degenerated into gifts of gold, clothes, consumer durables and large sums of cash, which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The dowry is often used by the receiving families for business purposes, family member's education, or the dowry to be given for the husband's sister. The transaction of dowry often does not end with the actual wedding ceremony as the family is expected to continue to give gifts. In the course of time dowry has become a widespread evil and it has now assumed menacing proportions. Surprisingly it has spread to other communities, which were traditionally non-dowry taking communities. With the increasing greed for the easy inflow of money on account of a bride the chilling stories of bride burning started coming to light. With a view to eradicate the rampant social evil of dowry from the Indian society, Parliament in 1961 passed the Dowry Prohibition Act which applies not merely to Hindus but all people, Muslims, Christians, Parsees and Jews. It extends to the whole of India except the State of Jammu and Kashmir. Definition Of Dowry :- Dowry or Dahej is the payment in cash or/and kind by the bride's family to the bridegroom' s family along with the giving away of the bride ( called Kanyadaan) in Indian marriage . Kanyadanam is an important part of Hindu marital rites. Kanya means daughter, and dana means gift. Dowry originated in upper caste families as the wedding gift to the bride from her family. The dowry was later given to help with marriage expenses and became a form of insurance in the case that her in-laws mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly institutionalized. The groom often demands a dowry consisting of a large sum of money, farm animals, furniture, and electronics. The practice of dowry abuse is rising in India. The most severe in "bride burning", the burning of women whose dowries were not considered sufficient by their husband or in-laws. Most of these incidents are reported as accidental

burns in the kitchen or are disguised as suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural practices such as the payment of dowry tend to subordinate women in Indian society. Though prohibited by law in 1961, the extraction of DOWRY from the bride's family prior to marriage still occurs. When the dowry amount is not considered sufficient or is not forthcoming, the bride is often harassed, abused and made miserable. This abuse can escalate to the point where the husband or his family burn the bride, often by pouring kerosene on her and lighting it, usually killing her. The official records of these incidents are low because they are often reported as accidents or suicides by the family. In Delhi, a woman is burned to death almost every twelve hours . The number of dowry murders is increasing. In 1988, 2,209 women were killed in dowry related incidents and in 1990, 4,835 were killed . It is important to reiterate that these are official records, which are immensely under reported. The lack of official registration of this crime is apparent in Delhi, where ninety percent of cases of women burnt were recorded as accidents, five percent as suicide and only the remaining five percent were shown as murder . According to Government figures there were a total of 5,377 dowry deaths in 1993, an increase of 12% from 1992. Despite the existence of rigorous laws to prevent dowry-deaths under a 1986 amendment to the Indian Penal Code (IPC), convictions are rare, and judges (usually men) are often uninterested and susceptible to bribery. Recent newspaper reports have focused on the alarming rate of deaths of married women in Hamirpur, Mandi and Bilaspur districts in the state of Himachal Pradesh.

WHAT CONSTITUTES DOWRY?

Dowry is defined as 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 parents of either party to a marriage or ; c. By any other person to either party to the marriage. BAN ON ADVERTISEMENT Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto RS. 15,000 (Fifteen thousand). DOWRY AGREEMENT - NOT VALID An agreement for giving and taking of dowry shall be void EXCEPTIONS

A. The dower or Mahr given during marriage under the Shariat (Muslim Personal) Law. B. Gifts that are given to the bride or the bridegroom at the time of the marriage (without any demand being made) will not amount to dowry, if such presents are entered in a list in the following manner : o The bride shall maintain the list of presents given to the bride o The bridegroom shall maintain the list of presents given to the bridegroom o The lists shall be prepared at the time of marriage and shall be in writing o The list shall contain a brief description of each present, approximate value, the name of the person who presented it, relationship of the presenter to the bride or the groom o The list shall be signed (or thumb impression) by both the bride and the groom C. Where dowry already given - Where any dowry is received by any person other than the woman in connection with whose marriage it is given that person shall transfer it in the name of the women o if it was received before marriage within three months after the date of marriage o if it was received at the time of marriage or after the marriage within three months after the date of it's receipt
o

if the dowry was received when the woman was a minor within 3 months after she has attained the age of 18 years.

Pending such transfer that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman dowry shall be transferred to her children or her parents. If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine which shall not be less than RS. 15,000 (Fifteen thousand) or with both.

REMEDIES AVAILABLE
Giving, taking and demanding dowry is a criminal offence under the Dowry Protection Act and the Indian Penal Code. Under the Dowry Prohibition Act only Metropolitan Magistrate or the Magistrate of the first class is competent to try these offences A Complaint may be made in the following manner:

I.

II.

III. IV.

A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following 1. The person aggrieved of the offence 2. A parent or 3. Other relation of such person or 4. By a recognised welfare institute or organisation A complaint may be filed by the above mentioned persons in the police station or in the crime against women Cell who then make an investigation in the matter and report the facts to court which then takes cognizance of the matter. (Cognizance means notice or knowledge upon which a judge is bound to act) The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge.

A complaint may be filed under the Indian Penal Code for cruelty by husband or relatives of husband. The Code of Criminal Procedure shall apply to offences under the Dowry Prevention Act as if they were cognizable offences (cognizable offence is one in which a police officer may arrest without warrant) i. ii. for the purpose of investigation of such offences. arrest of a person without a warrant or without order of a magistrate.

Every offence under this Act is a non bailable and non compoundable offence (that which cannot be compromised or settled out of court, between the complainant and the accused, at any stage of the trial) BURDEN OF PROOF Where any person is prosecuted for taking or abetting the taking of any dowry or the demanding of dowry, the burden of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant / prosecutor. This onus has been shifted in certain specific offences such as Dowry, Rape, etc.). PENALTY FOR TAKING OR GIVING DOWRY The giving, taking or even abetting to give or take dowry amounts to an offence punishable with imprisonment for not less than 5 years and with fine which shall not be less than RS. 15,000 (Fifteen thousand) or the amount of value of the dowry, which ever is more. PENALTY FOR DEMANDING DOWRY If any person demands directly or indirectly, from the parents or other relatives of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with an imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to RS. 10,000 (ten thousand)

LIMITATION There is no period of Limitation for filing a complaint under the Dowry Protection Act. For example: If a person was harassed for dowry in the year 1996 she can file a complaint in the year 2001 or even later as for prosecution under the Act bar of limitation has been removed. DOWRY PROHIBITION OFFICERS The Act also empowers the State Government to appoint Dowry prohibition officers and they have the following powers and functions. 1. To ensure the compliance of the Act. 2. To prevent the taking or demanding of dowry. 3. To collect evidence necessary for the prosecution of persons committing offence under the Act. 4. To perform additional functions as may be assigned to him by the State Govt.

DOWRY DEATHS
The Indian Penal Code provides that where any women dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a Dowry death. The husband or the relative shall be deemed to have caused the death of the women. The offence is punishable with imprisonment of not less than seven years (Section 304B Indian Penal Code).

CRUELTY/ HARASSMENT TOWARDS WOMEN

Whoever, being a husband or relative of the husband subjects such women to cruelty shall be punished with imprisonment for a term of three years. Cruelty has been defined as: A. Any conduct which is likely to drive the women to commit suicide or to cause grave injury or danger to life, limb or health (Mental or physical) of the women, or B. Harassment with a view to coercing her or any person related to her to meet any lawful demand for property or valuable security or is on account of failure by her or any person related to her to meet such demand. (Section 498A Indian Penal Code

GIFTS UNDER HINDU LAW [Stridhan] Gift is a relinquishment without consideration of one's own right in property and the creation of the right of another. A gift is completed only on the other's acceptance of the gift. WHAT PROPERTY MAY BE GIFTED

A Hindu may dispose of by gift his separate or self acquired property, subject in certain cases to the claims for maintenance of those he is legally bound to maintain. A coparcerner, may dispose of his coparcernary interest by gift subject to the claims of those who are entitled to be maintained by him. A father may by gift dispose of the whole of his property, whether ancestral or self acquired, subject the claims of those he is entitled to be maintained by him. A female may dispose of her stridhana by gift or will, subject in certain cases to the consent of her husband. A widow may in certain cases by gift dispose of a small portion of the property inherited by her from her husband, but she cannot do so by will. The owner of an impartible estate may dispose of the estate by gift or will, unless there is a special custom prohibiting alienation or the tenure is of such a nature that it cannot be alienated.

A gift under Hindu law need not be in writing. However, a gift under the law is not valid unless it is accompanied by delivery of possession of the subject of the gift from the donor to the donee. However where physical possession cannot be delivered, it is enough to validate a gift, if the donor has done all that he could do to complete the gift, so as to entitle the donee to obtain possession. GIFTS BY HINDUS WHERE TRANSFER OF PROPERT ACT APPLIES. A gift under the above act can only be effected in the following manner. a. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses. b. For the purpose of making a gift of a movable property, the transfer may be effected by a registered document signed by the donor or by delivery. GIFTS TO UNBORN PERSONS Under pure Hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. This rule has been altered by 3 acts namely The Hindu Transfers and Bequests Act 1914, Hindu Disposition of Property act 1916, and the Hindu Transfers and Bequests (City of Madras)Act 1921

RESERVATION OF LIFE INTEREST. A gift of property is not invalid because the donor reserves the usufruct of the property to himself for life. CONDITIONS RESTRAINING ALIENATION OR PARTITION Where property is given subject to a condition absolutely restraining the donee from alienating it, or it is given to two or more persons subject to a condition restraining them from restraining it, the condition is void, but the gift itself remains good. REVOCATION OF GIFT A gift once completed is binding on the donor, and it cannot be revoked by him unless it is obtained by fraud or undue influence. GIFT IN FRAUD OF CREDITORS A gift made with the intent to defeat or defraud creditors is voidable at the option of the creditors.