Sunday, 4 March 2018

The Dowry Prohibition Act, 1961

Dowry is a social evil leading to the harassment and deaths of a large of women across the country. The Dowry Prohibition Act, 1961, was enacted with the purpose of controlling the giving or taking of dowry at the time of marriage. Section 2 of the Act defines dowry as any property or valuable security given or agreed to be given by one party to the marriage to the other or the parents of one party or any other person to the other party before or at the time of the marriage in connection of the marriage of the said parties but does not include the mahr or dower in case of person to whom the Muslim Personal law applies.
Section 3 provides that any person who gives or takes dowry or abets the giving or taking of dowry will be punished with imprisonment for a term not less than five years and with fine which shall not be less than fifteen thousand rupees or the amount of dowry whichever is more. Section 4 provides that whoever demands dowry from the parents of the bride or bridegroom either directly or directly will be punished with imprisonment for a term which shall not be less than six months but can extend upto two years and with fine which may extend to ten thousand rupees. Section 4 A bans advertisement for dowry and any person who advertises or prints or publishes or circulates any offer of share in property or money or share in business as a consideration for marriage shall be punished with imprisonment for a term not less than six months which may extend upto five years or with fine which may extend upto fifteen thousand rupees.
Section 5 provides that an agreement to give or take dowry is void. Section 6 provides that whoever receives dowry in connection to a marriage shall transfer the same to the wife, if received before marriage, within three months of the marriage, if received at the time or after the marriage, within three months of the receipt or ion received in connection of marriage of a minor, then within three months of the wife attaining majority. If the woman dies before receiving the property, it shall be transferred to her heirs, if she has no children, then to her parents, if she has children then to those children.
Despite the law to curb the evil of dowry, it has not been effective in actually curbing the evil practice and the instances of harassment or murder of young women over dowry has not subsided. Along with the law on dowry prohibition, the need for a social awakening to curb the evil practice is required.

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