giving and talking of dowry in banned by the law
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Dowry Prohibition Act, Indian law, enacted on May 1, 1961, intended to prevent the giving or receiving of a dowry. Under the Dowry Prohibition Act, dowry includes property, goods, or money given by either party to the marriage, by the parents of either party, or by anyone else in connection with the marriage. The Dowry Prohibition Act applies to persons of all religions in India.
The original text of the Dowry Prohibition Act was widely judged to be ineffective in curbing the practice of dowry. Moreover, specific forms of violence against women continued to be linked to a failure to meet dowry demands. As a result, the legislation underwent subsequent amendment. In 1984, for example, it was changed to specify that presents given to a bride or a groom at the time of a wedding are allowed. The law required, however, that a list be maintained describing each gift, its value, the identity of the person giving it, and the person’s relation to either party to the marriage. The act and relevant sections of the Indian Penal Code were further amended to protect female victims of dowry-related violence. Another layer of legal protection was provided in 2005 under the Protection of Women from Domestic Violence Act.
Amendments to the original Dowry Prohibition Act also established minimum and maximum punishments for giving and receiving dowry and created a penalty for demanding dowry or advertising offers of money or property in connection with a marriage. The Indian Penal Code was also modified in 1983 to establish specific crimes of dowry-related cruelty, dowry death, and abetment of suicide. These enactments punished violence against women by their husbands or their relatives when proof of dowry demands or dowry harassment could be shown.
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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Sharmila LodhiaThe Editors of Encyclopaedia Britannica
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Dowry
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Dowry, the money, goods, or estate that a woman brings to her husband or his family in marriage. Most common in cultures that are strongly patrilineal and that expect women to reside with or near their husband’s family (patrilocality), dowries have a long history in Europe, South Asia, Africa, and other parts of the world.
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One of the basic functions of a dowry has been to serve as a form of protection for the wife against the very real possibility of ill treatment by her husband and his family. A dowry used in this way is actually a conditional gift that is supposed to be restored to the wife or her family if the husband divorces, abuses, or commits other grave offenses against her. Land and precious metals have often been used in this form of dowry and are frequently inalienable by the husband, though he might otherwise use and profit from them during the marriage.
A dowry sometimes serves to help a new husband discharge the responsibilities that go with marriage. This function assumes special importance in societies where marriages have regularly been made between very young people; the dowry enables the new couple to establish a household, which they otherwise would not have been able to do. In some societies a dowry provides the wife with a means of support in case of her husband’s death. In this latter case the dowry may be seen as a substitute for her inheritance of all or part of her husband’s estate.
In many societies, dowries have served as a reciprocal gesture by the bride’s kin to the groom’s kin for the expenses incurred by the latter in payment of bridewealth. These exchanges are not purely economic but instead serve to ratify the marriage and consolidate friendship between the two families.
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