The dowry system, an evil social practice that dates ages back continues to exist in our society. We stand in 2023 and the number of dowry cases in the country continues to rise. Recently, a case from Chandigarh was reported where a 20-year-old woman committed suicide after being harassed by her in-laws and husband for months over dowry. According to a report by the Union Women and Child Development Ministry, there has been a rise in the number of dowry, rape and attempt to rape complaints in the country in the last three years.
One reason why women continue to be subjected to dowry violence is the unawareness of their rights against dowry in India. During our last HaqSe episode on Instagram, we simplified rights of a woman against dowry withJayantika Ganguly - Director - Corporate Courses & Special Projects, Lawsikho.com.
What Is Dowry?
In simple terms, dowry means any valuable security or property given or agreed to be given to the groom's family from the bride's family. Money, property, jewellery, and vehicles are all treated as dowry. Usually, the dowry is given during the marriage ceremony, before or after the couple is wed.
Do We Have Rights Against Dowry In India?
Yes, we do have a dowry prohibition act in place that came into force in the year 1961.
The Dowry Prohibition Act, 1961
The Dowry Prohibition Act was introduced to prevent the demanding, giving and taking of dowry in the country. According to the act, if one party gives valuable security or property to the other party or by the parents of the bride to her would-be husband and his family is termed as dowry.
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Punishment For Giving Or Taking Dowry
According to the Dowry Prohibition Act, 1961, if a person gives or takes dowry then they shall be punishable with imprisonment for a term which shall not be less than five years with a fine amount not less than fifteen thousand rupees or the amount equal to the value of the dowry, whichever is more.
The act also states the penalty for demanding dowry. If a person demands dowry, directly or indirectly from the bride's parents, relatives or guardians then in this case, they shall be punishable with imprisonment for a term which shall not be less than six months but can be extended to two years with a fine which might extend to ten thousand rupees.
What Doesn't Count As Dowry?
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There is no penalty for either of the parties if the presents weren't given on demand to the groom, or bridegroom at the time of marriage. It also doesn't include items like presents given by or on the behalf of the bride which is of customary nature and value isn't excessive for the person who is giving the presents.
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What Should A Woman Do If Subjected To Dowry Violence?
A woman, if being harassed by her in-laws or husband for dowry should file an FIR in the nearest police station. Following the FIR, the police send a notice to the accused and further their statements are recorded. However, no action is taken till the crime is proven. Further, an investigation is done and punishment/penalty for the accused is finalised.