This article is written by Dipanshu Sehrawat, pursuing a Certificate Course in Advanced Criminal Litigation & Trial Advocacy from LawSikho.

Introduction

The Dowry System refers to the condition of marriage where money or movable property is given by a woman’s family to the bridegroom and his relatives. Dowry or as it is called Dahej in India, maybe a cash payment or some kind of gifts given to the bridegroom’s family together with the bride. It includes jewellery, vehicles, furniture, bedding, electrical appliances, utensils, crockery and other home items that help the newlyweds set up their home. Dowry systems in Indian Marriages are often called the commercial aspect of the marriage. The practice of giving dowry was quite common among all people of all nations.

Due to the Dowry System, the bride’s family is put under a lot of monetary burden by the bridegroom’s family. This system results in plenty of crimes against women, such as emotional abuse, harassment or perhaps injury to deaths. The custom of giving dowry has long been prohibited under Indian laws in the Dowry Prohibition Act 1961 and followed by Section 304B and Section 498A of the Indian Penal Code, 1860. Dowry is defined under Section 2 of the Dowry Prohibition Act 1961. It states that “Dowry means any movable property or valuable security given or agreed to be given either directly or indirectly –

(a) by one party in marriage to the opposite party in marriage;

(b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons at or before or after the marriage as consideration for the marriage of the said parties. 

Dowry Prohibition Act, was enacted on May 1, 1961, to prohibit completely the practice of Dowry. The Dowry Prohibition Act applies to persons of all religions in India.

The Dowry Prohibition Act, which was originally drafted in 1961, was widely criticized to be ineffective in curbing the custom of dowry. The law requires that a proper list is to be maintained describing each gift which is given, its value, the identification of the person giving it, and the person’s relation to either party to the marriage. The relevant sections of the Indian Penal Code, 1860 were further modified to safeguard the feminine victims of dowry-related violence. Another layer of legal protection was provided under the Protection of Women from Domestic Violence Act in 2005.

Purpose of the Dowry Prohibition Act

In Soni Devraj Bhai Baber Bhai vs. State of Gujarat: 

The Supreme Court observed that the social immorality of dowry has been the bane of Indian Society and continues to persist in spite of the women’s liberation. Even though for eradication of this social wrong, constructive steps can be taken by the community itself and the social sanctions of the Community can be more deterrent. Yet legal sanctions in the form of its prohibition and punishment are some steps in that direction. Thus, the Dowry Prohibition Act, 1961 was passed to achieve this objective.

Objectives of Dowry Prohibition Act, 1961:

• To promote marital and family harmony.
• To effectively work for creating a dowry free society.
• To provide a base to fight against the abuse of dowry laws.
• To create awareness about the present cruelty/dowry/harassment related laws and their damaging effects on the family.
• To provide emotional, legal and social support to the innocent persons who are affected by the vindictive implication of the dowry laws. To provide legal aid to the weaker and needy section of the community.
• To safeguard children welfare and integrity of Indian families.
• To safeguard interests of Elderly people and their respect in society and to discourage elder abuse through dowry related laws.
• To promote deterrents against malicious complaints and arrests without investigation. To discourage malicious prosecutions in matrimonial cases.

Penalty for taking dowry under Dowry Prohibition Act, 1961

1. Penalty for giving or taking Dowry: Sec 3 of the Act states that giving as well as taking dowry is an offence and its abatement is punishable with imprisonment which shall not be less than 5 years and with fine which shall not be less than 15,000/- or the amount of value of such dowry whichever is more. 
2. Penalty for demanding Dowry: Section 4 of the Act states that if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, any dowry, he shall be punishable with imprisonment for a term which shall not be less than 6 months, but which may extend to 2 years and with fine which may extend to Rs, 10,000/-.

In Shankarrao Abasheb Pawar vs. L.V. Zadhav, Anita got engaged to Pradeep, who was working in the U.S. During the wedding ceremony, Pradeep and his family allegedly demanded a sum of Rs.60,000/- for the travel tickets of the parties. They further told the bride’s family that the marriage ceremony would not be completed unless the demands are fulfilled. However, after pressure, the wedding formalities were completed. Pradeep left for the U.S. meanwhile Anita was living with her father-in-law and the demand for money and other things continued. A complaint was filed against her in laws for the amount demanded but not given by Anita’s father. It was held by the Bombay High Court that to bring a case under Section 4 of the Dowry Prohibition Act, 1961, there must be a demand of dowry. A demand by one party from the opposite party to pay a certain amount isn’t a dowry. 

Misuse of Dowry Prohibition Act, 1961

There is growing criticism that the laws governing dowry are often being misused, particularly the section 498A of the Indian Penal Code, 1860 which is observed by many people of the society as being subject to misuse. According to the NCRB (National Crime Records Bureau), in 2015, nearly 300,000 people including 48,951 women, were arrested in regard to dowry offences. However, only 20% of the accused were convicted. 

In the case of Arnesh Kumar v. State of Bihar & Anr., it was stated by the Supreme Court that the Section 498A of the Indian Penal Code, 1860 had become a deadly weapon in the hands of disgruntled wives where innocent people were charged and arrested without any evidence due to non-bailable and cognizable nature of the law. The decision was received with mixed reviews from both the sectors of the society as the feminists thought it weakened the negotiating power of women and Others welcomed the decision as a landmark judgment to uphold the human rights of innocent people. 

Case laws

1. Kamlesh Panjiyar vs. State of Bihar: In this case, the Appellant demanded Rs. 40,000 as dowry from the Respondent and it was paid to him. After the wedding, the Appellant asked for more Dowry but wasn’t fulfilled by the Respondent’s family. Due to this the Appellant began to torture the Respondent and had caused many injuries. The Respondent died of the injuries. The Sessions Court found the Appellant guilty and punished him for imprisonment of 10 years. The Supreme Court upheld the decision of the Sessions Court.
2. Reema Aggarwal vs. Anupam & Ors.: The parties got married in January 1998. Just after the wedding, the husband and his family began to harass the wife for the demand of dowry. The wife lodged an FIR. The Respondent took the defence that they both were not legally married. The Sessions Court acquitted all the Respondents on the premise that it was the second marriage of both the parties. The Supreme Court reversed the decision of Sessions Court.
3. Nisha Sharma Lawsuit: The case of Nisha Sharma was an anti-dowry lawsuit in India. It began in 2003 when Nisha Sharma accused her prospective husband, Munish Dalal, of demanding dowry. The case got much coverage from national and international media. Nisha Sharma was portrayed as a youth icon and a role model for other women. However, it was later discovered that Nisha had forged the charges to wiggle out of the wedlock, and in 2012 all accused were acquitted. 

Conclusion

Dowry is basically a cultural and social problem which cannot be eradicated by law alone. For its eradication, the society will need to fight from the grassroot level. The rapid increase in dowry deaths among newly married females has drawn the eye of the masses and various socio-welfare organisations. This has forced the government of India to adopt certain anti-dowry measures but they are not sufficient to fight this social devil whose roots are very deeply set in the country. Besides, old socio-cultural sanctions for the dowry system and near complete dependence of Hindu women on their husbands and in-laws in all matters create further problems.

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