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Acknowledgment
We have taken efforts in this project. However, it would not have been possible without the kind support and help of PROF.Rashmi. We would like to extend my sincere thanks to her. We highly indebted to her, for their guidance and constant supervision as well as for providing necessary information regarding the project & also for the support in completing the project. We would like to express our gratitude towards our parents & member of for their kind co-operation and encouragement which help in completion of this project. Our thanks and appreciations also go to my colleague in developing the project and people who have willingly helped me out with their abilities.
Index Topic
History. Wad the dowry is? Introduction to dowry. Ancient marriage rites in the vedic period. List of amending acts. Penalty for demanding dowry. Reasons for dowry increase. Dowry prohibition. The way forward. Skit Conclusion
History
In India dowry (known as Daheji in Hindhi) is the payment in cash or some kind of gifts given to bridegroom's family along with the bride. Generally they include cash, jewellery electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newly-wed set up her home. In India the dowry system has been putting great financial burden on the daughters family. It has been one of the reasons for families and women in India resorting to sex selection favoring to have a son. This has distorted the sex ratio of the India (933 females per thousand males )and have given rise to female foeticide. The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Dowry originated in the upper caste families as an insurance to the bride to take care of herself and her children during crisis. The rich and rajas (kings) used to gift land as dowry. Mumbai was presented as part of the dowry when Princess Catherine de Braganza of Portugal was married to King Charles II in 1661. The dowry has been considered as 'Stridhan' where 'stri' means women and 'dhan' means 'wealth'.
continued, but flourished over the years. Even in the old age the dowry system was in vogue and dowry was used as means for striking a good match. In due course dowry became an integral part of the marriage institution and is generally accepted By the socity as necessary evil. custom of dowry has become widespread. Even before the marriage, the amount to be given as dowry is discussed and settled with the change of time. The contents of dowry have undergone a great change. The boys parents openly demand money and other items which include car, scooter, fridge, colourT.V. etc. The rate of dowry changes according to the qualification of the boy. There are rates fixed for I.A.S.,I.P.S., P.C.S., I.E.S. officers and qualified engineers and doctors. In fact, a regular marriage cannot be held and a marriage without dowry is almost unthinkable.
Introduction to Dowry
The basic definition of dowry have remained unclear. As discussed by Menski (1998), there are definitely several concepts of dowry which interlink with each other. Some writers have defined dowry as wealth given to a daughter at her marriage for contributing to the practical life of the newly married couple. They are transfers given from parents to the daughter to take with her into marriage. Technically, the property belongs to the wife and ought to stay within her control, though the husband usually has rights of management. Corresponding to the spirit of the dowry institution, dowry given to a wife ought to form part of the conjugal estate, to be enjoyed by husband and wife and to be transmitted in time to their children (Tambiah, 1973). Another definition to dowry is the property a woman brings to the marriage partnership. In this meaning, dowry can be the dowry a bride receives from her parents, property she previously inherited and brings to the marriage, or property she owns as a widow and brings when she remarries (Nazzari, 1991; Birge, 2002). Dowry has also been referred to as a gift or transfer by a bride's family to the groom or his family at the time of marriage. Dowry as bequest have given way to groomprice, a direct transfer to the groom, in numerious historical instances (Anderson, 2007). This form of transfer has been termed by M. N. Srinivas, leading Indian Sociologist, as "new dowry" (Menski, 1998) and Anderson (2003) as "real dowry payments". Studies have shown that the crux of the dowry problem appears to lie with this particular concept of dowry (Menski, 1998; Dalmia and Lawrence, 2005, etc.).
The social reformers of the nineteenth and early twentieth centuries have striven hard for the abolition of various social evils including the evil of dowry system. Long before India gained independence, then the provincial Government of Sind passed an enactment known as "Sind Deti Leti Act, 1939" with a view to deal effectively with the evils of dowry system but the enactment had neither any impact nor could create the desired effect. During the last few decades the evils of dowry system has taken an acute form in almost all parts of the country and in almost all the sections of society. In a bid to eradicate this evil from the society, the State Governments of Bihar and Andhra Pradesh enacted "The Bihar Dowry Restraint Act, 1950" and "The Andhra Pradesh Dowry Prohibition Act, 1958" for the respective States, but both these enactments failed to achieve the objectives for which they were enacted.
The factors and forces responsible for the practice of dowry in India are: early marriages for girls, limited field of marriage, hypergamy, patriarchy, importance of education a false sense of prestige, materialistic attitude and economic prosperity.
the marriage, it will not amount to a demand for dowry; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (iii) Any property given by parents of the bride need not be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal, 1994 Cri LJ NOC 255 (All). (iv) The definition of dowry is wide enough to include all sorts of properties, valuable securities, etc., given or agreed to be given directly or indirectly; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri LJ 563 AP HC. (v) There had been no agreement between either parties to give any property or valuable security to the other party at or before or after the marriage. The demand of T.V., refrigerator, gas connection, cash of Rs. 50,000 and 15 tolas of gold are not demand of dowry but demand of valuable security in view of section 2; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal. (vi) While dowry signifies presents given in connection with marriage to the bridal couple as well as others, Stridhan is confined to property given to or meant for the bride; Hakam Singh v. State of Punjab, (1990) 1 DMC 343. (vii) Dowry, means, any property given or agreed to be given by the parents of a party to the marriage at the time of the marriage or before marriage or at any time after the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000 some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demanded after the marriage; Y.K. Bansal v. Anju, All LJ 914. (viii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances, etc., at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act, 1961; Madhu Sudan Malhotra v. K.C. Bhandari, 1988 BLJR 360 (SC). (ix) A sum of money paid by a Mohemmadan in connection with his daughters marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law is not dowry within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48. (x) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition; Nirdosh Kumar v. Padma Rani, 1984 (2) Rec Cr R 239.
(xii) Definition of dowry is not restricted to agreement or demand for payment of dowry before and at the marriage but also includes demands made subsequent to marriage; State of Andhra Pradesh v. Raj Gopal Asawa, AIR 2004 SCW 1566. (xiii) Demand of dowry in respect of invalid marriage would not be legally recognisable; Reena Aggarwal v. Anupam, AIR 2004 SC 1418. 1. Subs. by Act 43 of 1986, sec. 2, for or after the marriage (w.e.f. 19-111986). 2. Subs. by Act 63 of 1984, sec. 2, for certain words (w.e.f. 2-10-1985). 3. Explanation I omitted by Act 63 of 1984, sec. 2 (w.e.f. 2-10-1985) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more Provided that the Court may, for a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than five years. shall apply to, or in relation to:(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf). (b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf). Provided that such presents are entered in a list maintained in accordance with the rules made under this Act. Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given .
(i) Section 3 does not contravene articles 14, 19, 21 and 22 of the Constitution and therefore this section is not ultra vires of the said articles; Indrawati v. Union of India, I (1991) DMC 117 (All). (ii) The offence is founded in the relationship of the property demanded as abettor with the nature of demand. It should not bear a mere connection with marriage; Madan Lal v. Amar Nath, (1984) 2 Rec Cr. 581. (iii) Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence; Muthummal v.Maruthal, 1981 Cr. LJ 833 (Mad). 1. Section 3 re-numbered as sub-section (1) thereof by Act 63 of 1984, sec. 3 (w.e.f. 2-10-1985). 2. Subs. by Act 63 of 1984, sec. 3, for certain words (w.e.f. 2-10-1985). 3. Subs. by Act 43 of 1986, sec. 3, for certain words (w.e.f. 19-11-1986). 4. Subs. by Act 43 of 1986, sec. 3, for six months (w.e.f. 19-11-1986). 5. Ins. by Act 63 of 1984, sec. 3 (w.e.f. 2-10-1985).
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(i) (ii)
The mere demand of dowry before marriage is an offence; The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry;
(iii)
The deceased had before being set on fire by her in-laws written a letter to her father that she was being ill-treated, harassed and threatened of dire consequences for non-satisfaction of demand of dowry. Thereby proving that an offence of demanding dowry under section 4 had been committed; There had been no agreement between either parties to the marriage nor their relations to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of Rs. 50,000 and 15 tolas of gold will not amount to demand of dowry but demand of valuable security and the said offence does not attract section 4 of the Dowry Prohibition Act;
(iv)
(v)
Furnishing of a list of ornaments and other household articles at the time of settlement of marriage amounts to demand of dowry and accused are liable to be convicted under section 4.
(vi) Section 4 of Dowry Prohibition Act is not ultra vires nor does it contravene articles 14, 19, 21, 22 of the Constitution;. Union of India, 1 (1991) DMC 117 All. 1. Subs. by Act 63 of 1984, sec. 4, for section 4 (w.e.f. 2-10-1985). Ban on advertisement .- If any person (a) Offers through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration fore the marriage of his son or daughter or any other relatives. (b) Prints or published or circulates any advertisement referred to in clause (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees. Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months. 1. Ins. by Act 43 of 1986, sec. 4 (w.e.f. 19-11-1986).
Agreement for giving or taking dowry to be void :Any agreement for the giving or taking of dowry shall be void.
Dowry to be for the benefit of the wife or her heirs:(1) 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 to the woman-
(a) If the dowry was received before marriage, within three months after the date of marriage; or (b) If the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or (c) If the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years,and pending such transfer, shall hold it in trust for the benefit of the woman. (2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor, or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. (3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being: Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall, (a) If she has no children, be transferred to her parents; or (b) If she has children, be transferred to such children and pending such transfer, be held in trust for such children. (4) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3)has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be ,her heirs, parents or children.
Nothing contained in this section shall affect the provisions of section 3 or section 4 1. Subs. by Act 63 of 1984, sec. 5, for one year (w.e.f. 2-10-1985). 2. Subs. by Act 63 of 1984, sec. 5, for sub-section (2) (w.e.f. 2-10-1985). 3.Ins. by Act 43 of 1986, sec. 5 (w.e.f. 19-11-1986). 4. Subs. by Act 43 of 1986, sec. 5, for certain words (w.e.f. 19-11-1986). 5. Ins. by Act 63 of 1984, sec. 5 (w.e.f. 2-10-1985). 6. Subs. by Act 63 of 1986, sec. 5, for her heirs (w.e.f. 19-11-1986).
Dowry to be for the benefit of the wife or her heirs :(1) 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 to the woman(a) If the dowry was received before marriage, within 1[three months] after the date of marriage; or (b) If the dowry was received at the time of or after the marriage, within1[three months] after the date of its receipt; or (c) If the dowry was received when the woman was a minor, within 1[three months] after she has attained the age of eighteen years,and pending such transfer, shall hold it in trust for the benefit of the woman. (2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor, 3[or as required by sub-section (3),he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with finewhich shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. (3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:
Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall, (a) If she has no children, be transferred to her parents; or (b) If she has children, be transferred to such children and pending such transfer, be held in trust for such children.] (3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children] the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be,her heirs, parents or children. 1. Subs. by Act 63 of 1984, sec. 5, for one year (w.e.f. 2-10-1985). 2. Subs. by Act 63 of 1984, sec. 5, for sub-section (2) (w.e.f. 2-10-1985). 3.Ins. by Act 43 of 1986, sec. 5 (w.e.f. 19-11-1986). 4. Subs. by Act 43 of 1986, sec. 5, for certain words (w.e.f. 19-11-1986). 5. Ins. by Act 63 of 1984, sec. 5 (w.e.f. 2-10-1985). 6. Subs. by Act 63 of 1986, sec. 5, for her heirs (w.e.f. 19-11-1986).
The rapid upward mobility made possible due to opening of new opportunities for urban educated middle and upper class men, whose earning potential has increased exponentially, has meant that such grooms are avidly sought after. For most women upward mobility comes through the man they marry rather than their own employment. Most families try getting higher status grooms in the belief that their daughters will find it easier to adjust in such families than if they were to marry below their status, apart from the benefits accruing in the long run to the girl's family by forging an alliance with a well-connected kinship network; the demand for such upwardly mobile men is far in excess of supply. An important reason for the increase in domestic conflicts, rising dowry demands and the transformation of dowry fromstridhan to groom price is that our legal enactments, administrative interventions and state policies are forcing the nuclearisation of families without due attention to the fact that the only or main old age security for the vast majority of people in India are their children, especially their sons. Parents invest all they can in their son's education and career building in the hope and expectation that sons will get jobs or other forms of earning opportunities bringing about upward mobility for the whole family. Sons are expected to contribute to the education and marriage costs of younger siblings as well as take care of parents in their old age. In societies where there is near total absence of any other form of social or old age security, this is an understandable expectation. However, too many parents find this expectation belied after their sons get married, especially if their sons take up well paying jobs or succeed in an independent enterprise separate from the joint family economy. Not just in metropolitan cities, but even in small towns and villages of India, young wives are increasingly prone to insist on moving away from the joint family and set up their own independent establishment, even when the in-laws are not abusive. A man continuing to financially support his parents or younger siblings even after nuclearization of the family often finds stiff resistance from his wife. Many even
stop doing so. Sometimes parents themselves withdraw from receiving such support in order to avoid friction in the marital life of their sons. Without doubt, in some cases daughters-in-law willingly endorse their husbands' efforts to support their natal families. But the over all trend is more in the direction of moving away from taking responsibility for the in-laws.
confidence in the knowledge that they don't have to keep the marriage going 'at all costs' and don't have to carve out a niche for themselves by curbing the rights of their in-laws.
Dowry Prohibition
In response to the criticism of the dowry system the Indian government acted in 1961 by legislating the Dowry Prohibition Act in 1961. The Dowry Prohibition Act outlawed the practice of the dowry system; however, it is realized in India that the practice still exists. Today, many dowries are accepted directly but more commonly through indirect means. The law can also be circumvented as gifts given without precondition are still considered legal. The Dowry Prohibition Act does not outline punishments for participating in the dowry system; these punishments include imprisonment or a fine. The fine usually is 5000Rs and the term of imprisonment will not exceed six months. The Dowry Prohibition Act also prompted more awareness of the potential harm to women. In the past instances had been known where the bride had been burnt to death when an insufficient dowry was presented so that the groom could remarry. In light of these situations the government now investigates the death of recent brides particularly if the death is believed to be a suicide. There is no charge or penalty for filing a false case of dowry death. The charge of dowry death can be considered within seven years of the suspected death and the charge is prompted through evidence of suspected mistreatment prior to the death. The charge of dowry death carries a sentence ranging from seven years of imprisonment up to life .
Encourage parents through widespread, high profile campaigns, to gift mainly income-generating forms of property to their daughters (land, house or business shares) depending on the economic status of the family. Encourage those parents who can afford it to ensure that their daughter has a house, room or even a jhuggi in her own name so that she is never rendered homeless, can never be 'thrown out of the house'. Amend the Hindu Succession Act to give coparcenary rights to daughters at par with sons as the states of Andhra Pradesh, Karnataka and Tamilnadu have already done. Amend the Hindu Succession Act to make it illegal to routinely disinherit daughters through their wills unless they can provide strong extenuating circumstances for doing so.
Skit
SCENE-1
This story is about a rural family. There lived a small family of Meera in a village named Ramwadi. Meera belonged to a poor family and stayed with her single widow mother and her small brother (chotu). Meera was a responsible and an innocent girl. One fine evening Meeras mother got a call from her Uncle. He said he has got a very nice proposal for Meera from Mumbai. Meeras mother was very happy and told everything about the proposal to Meera. Meera was also very happy and went to meet her childhood friend Tara to share the good news about the proposal. Tara was also excited. Next evening Rajs family came from Mumbai to see Meera. Tara was also present that evening. Meeras mother introduced her daughter to Rajs family and after introduction Meera went in and Tara was present with her mother. Raj liked Meera and was ready to marry her but Rajs parents demanded for Rs.50,000 and a car. As they were very poor Meeras mother requested them to accept her daughter without any dowry, but Rajs mother sticked to her words. As all this incident took place in front of Tara, she immediately went and told Meera about the demand from Rajs family. Meera as well as Tara was against Dowry. After the departure of Rajs family Meera and Tara both decided to make Meeras mother understand that Dowry is illegal and its better to ignore such kind of proposals in the starting itself. They both did made her mother understand that Dowry is illegal. Because of Meeras initiative at a proper time her life as well as her familys life was saved.
SCENE-2
Scene-2 is a story about an Urban family staying in Mumbai. There was a girl named Komal with a good family background and was doing her BEd final year. Her father was an industrialist. Komal was an intelligent and well-mannered girl. Komal had an elder brother. One day Komal went to her father and told abou her results that she passed with good percentage and on the other side her father was also very happy for her and gave her another good news of marriage proposal for her. Komal always obeyed and respected her father a lot. She had put two conditions that she would do job after her marriage and no Dowry would be given. Her father agreed to both conditions. On the other side Pravin whose proposal had come for Komal was ready to marry because he wanted to have Dowry from girls family and set up his business. Pravins mother was also involved with it. Next day Pravins family went to see Komal , both families liked each other and everything was going good. Then Komals father cleared both the conditions of her daughter and Pravins mother agreed to it. To this Pravin was shocked as he wanted Dowry. Pravins mother planned to assault Komal after marriage for Dowry. Komal and Pravin soon got married and on the same night Pravin assaulted her saying that he married her just for Dowry. Pravins mother and Pravin assaulted, abused and harassed Komal for Dowry. Soon after some months Komal went into depression and started taking pills under the supervision of the Doctor. Komal did tell her brother about the harassment but told him not to tell about it to her father. After some days Komals brother had gone to her sisters place for Rakhi and looking at the situation he told his father everything. Komals father forced her to come back but she did not listen and continued to suffer the torture.
After some days she hanged herself to death. Police did investigation and found that Komals in-laws abused her for D
Conclusion
The dowry system is a multi-faceted issue that is neither straightforward nor constant. Definitions apart, there are many variations to the practice of dowry payments - the size, form and function of payments. It is context and time specific; dowry can be a security blanket for married women by giving them a fund of their own, but it has also been used to indicate the low status for women by reinforcing patriarchal cultures and leaving women vulnerable to violence. It had been demonstrated that dowry-paying socieites tend to have more complex societal structures, substantial socioeconomic differentiation and class stratification, and monogamous, virilocal, patrilineal and endogamous marriage practices. These societies also typically feature low female contribution to agriculture, and high levels of dependence of women and children on husband's economic support. In contrast to Brazil and China, as well as most other dowry-oriented societies in which payments have declined with modernization, dowries are still widely popular in South Asia. Moreover, dowry has been labelled and criticized as a "problem" as it serves to empower men and disempower women in relative to one another.
Bibliography
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