Journey Of Dowry Prohibition Act, 1961
The Dowry Prohibition Act is an Indian law enacted on May 1, 1961, aimed to prevent the exchange of dowries. According to the Act, a dowry encompasses property, goods, or money given by either party to the marriage, their parents, or any other person with the marriage. This legislation applies to individuals of all religions in India.
The Prohibition Act was initially criticized for its ineffectiveness in abolishing the institution of dowry. Moreover, forms of violence against women were still linked to unmet demands for dowry. As a result, the Act was amended several times. In 1984, for example, it was revised to permit the giving of wedding gifts to the bride or groom, provided that a list detailing each gift, its value, the giver's identity, and their relationship to either party was maintained. Besides, the Act and relevant sections of the Indian Penal Code have been amended to protect women victims of dowry-related violence. Further legal protections were provided by the 2005 Protection of Women from Domestic Violence Act.
Revisions to the Dowry Prohibition Act also set minimum and maximum penalties for giving or receiving dowries and introduced fines for demanding dowries or advertising offers of money or property related to marriage. In 1983, the Indian Penal Code was amended to define specific dowry-related offences such as cruelty, dowry death and encouragement of suicide, and violence inflicted on women by their husbands or in-laws when dowry demands or harassment were proven.
Despite these legislative changes, the practice of dowry and related violence persists in various communities and socioeconomic groups across India.
The Dowry Prohibition Act of 1961, is the primary law in India that prohibits the giving or taking of dowry. Important Key Points about the Dowry Prohibition Act, 1961:
- Giving a dowry by the bride's side or taking a dowry is a punishable offence with at least 5 years imprisonment and at least ₹15,000 fine or the value given by the bride's family in a dowry, whichever is more. The court can impose a shorter sentence for special reasons.
- Demanding dowry, directly or indirectly, is punishable with 6 months to 2 years of imprisonment.
- Any agreement for giving or taking dowry is void. The dowry received must be transferred to the woman within 3 months.
- The Act applies to every religion in India. Many changes have been made to strengthen laws and penalties.
- Sections 304B and 498A of the Indian Penal Code also cover dowry-related offences like cruelty and dowry death. The Protection of Women from Domestic Violence Act 2005 provides additional legal protections.