THE DOWRY PROHIBITION ACT, (Act No. 28 of ). (20 th. May, ). An Act to prohibit the giving or taking of dowry. Be it enacted. THE DOWRY PROHIBITION ACT ACT NO. 28 OF [20th May, ]. An Act to prohibit the giving or taking of dowry. BE it enacted by Parliament in. The legislation on the subject enacted by Parliament, i.e., the Dowry Prohibition Act, and the far-reaching amendments which have been made to the Act.
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DOWRY PROHIBITION ACT, I. Introduction. The issue relating to the deep rooted evil of dowry was taken up in the. CONVENTION organized by the. Pradesh Dowry Prohibition Act, " for the respective States, but both these it became an Act - The Dowry Prohibition Act, (28 of ) and it received. PGSEM Batch The Dowry Prohibition Act Business Law - Project Report Submitted by Archit Bharadwaj () Taran Deep Arora ().
Notwithstanding anything contained in any law for the time acf in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.
Rules in accordance with which lists of presents are to be maintained — 1 The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. Every of fence under this Act shall be non-cognizable, bailable and non-compoundable. Rules in accordance with which lists of presents are to be maintained: State of Punjab, 1 DMC Penalty for demanding dowry.
Burden of proof in certain cases: So, where the husband had demanded a sum of Rs. Manner of seizure of articles: Burden of proof in certain cases.
Held that the demand of TV, refrigerator, gas connection, cash of Rs. Section -3 Penalty for giving or taking dowry. Power of State Government to make rules. 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. Three essential ingredients are to be established before the offences under section B can be made punishable.
They are - 1. That there is a demand of dowry and harassment by the accused, 2. That the deceased had died, 3.
That the death is under unnatural circumstances. IPC A: Husband or relative of husband of a woman subjecting her to cruelty Offence includes that of the husband or his relatives subjecting his wife to cruelty.
Such offences are punishable with imprisonment for a maximum term of upto three years and shall also be liable to fine. IEA B: Presumption as to dowry death- When the question is whether a person has committed by dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall presume that such person had caused the dowry death.
Basic Flaws and Ambiguities in the Law On perusing the Act document, one can raise a variety of questions against the intention of the design of the Act. To list a few, 1. Definition of Dowry As per this definition, gifts of jewelry, clothes and cash traditionally given by the groom's family would also be covered by the anti-dowry law and hence declared illegal.
Legalizing the illegal After declaring that giving or taking of dowry is illegal, the Act adds a curious rider that 'where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person will transfer the dowry to the woman within three months after the date of marriage or within three months after the date of receipt.
Merely stating that the case cannot be withdrawn by compromise will not discourage people from using this as a quick and desperate move to inflict immediate burden on the accused. So there will then be a ironical situation of the accused becoming the victim. Feminine Bias Though the Act treats the case of a bride and bridegroom in the same intensity, the IPC B, A etc, specifically and exhaustively address the crimes with a feminine bias.
Hence, the law itself is incomplete in terms of treatment of cases where the husband, might become the victim.
As per the law, even dowry giving is an offence, but there is hardly ever an instance of the bride's family being prosecuted for giving dowry. The assumption is that only 'takers' are guilty while 'givers' are hapless creatures yielding to the greed and callous demands of the groom's family.
Who decides what is a olu tary gift The act excludes voluntary gifts from the provisions. In cases where a gift has been given, it is almost impossible to ascertain the voluntariness of the act of giving the gift at a time of conflict that happens much later. Hence exclusions are not defined in concrete terms.
Lack of Holistic approach In spite of the provisions for an Anti-Dowry officer, there are not many of them appointed by the states. Also the level of awareness is so low owing to illiteracy and other socio-economic factors that the Act does not reach the victims from the various strata of the society.
Though laws are necessary to provide basic rights and punish offenders, what is required is a more holistic approach to effectively implement the same. Disturbs Social Fabric Since the Act discourages withdrawal by means of compromise, although the intention may be noble and aims at removing evil practices in society, it may give a spark to rise in criminal activities where the victim may be inflicted with more harm and even loss of life in a bid to get rid of the legal obligations.
It may also lead to social isolation of the complainant as the Indian society treats such complainants with contempt. Evidence and Scope of misuse After the amendment made in and 86, a phenomenal number of cases have been filed under Dowry Prohibition Act but there are many problems in the manner these cases have been dealt by Police and by Judiciary. Many of these cases have been prosecuted so badly in court that conviction was hardly likely.
For example, in the case of Masood Ahmed and Others Vs State the High Court overruled the judgment of trial court and held that the death was not a dowry death, though the court admitted that the demand for Rs. In this case a girl named Pushpa was alleged to have been burnt by her mother-in-law and locked in the kitchen. Pushpa subsequently died. Despite the revisions, however, the practice of dowry and dowry-related violence still occurs in varying degrees within several communities and socioeconomic groups of India.
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Our editors will review what you've submitted, and if it meets our criteria, we'll add it to the article. Please note that our editors may make some formatting changes or correct spelling or grammatical errors, and may also contact you if any clarifications are needed. Written By: Sharmila Lodhia. See Article History. Dowry , the money, goods, or estate that a woman brings to her husband or his family in marriage.
Because this definition does not specify the outcome of such acts, it is customary to distinguish between fatal suicide and attempted, or nonfatal, suicide.