laws on dowry system
Answers
Answer:
Dowry is illegal in India under the anti-dowry law. Under the Dowry Prohibition Act, any act to take or give dowry is punishable in India. The punishment for violating the anti-dowry law is imprisonment for up to 5 years and fine of Rs. 15,000 or the value of dowry given, whichever is more.
Answer:
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Explanation:
The dowry system in India[1] refers to the durable goods, cash, and real or movable property that the bride's family gives to the bridegroom, his parents and his relatives as a condition of the marriage.[2] Dowry stemmed from India's skewed inheritance laws, and the Hindu Succession Act needed to be amended to stop the routine disinheritance of daughters.[3] Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the bridegroom's family along with the bride and includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newlyweds set up their home.[4] Dowry is referred to as Dahez in Arabic.[5] In the far eastern parts of India, dowry is called Aaunnpot.[citation needed]
The dowry system can put great financial burden on the bride's family.[6] In some cases, the dowry system leads to crime against women, ranging from emotional abuse and injury to even deaths.[7] The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 and subsequently by Sections 304B and 498A[8] of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (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, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies."[9]
A court judgement[10] clarifies the legal definition of dowry as
"Dowry" in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be.
Article 3 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or bridegroom when no demand for them has been made.
Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective.[11] The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement.[12]
Section 498A of the Indian Penal Code required the bridegroom and his family to be automatically arrested if a wife complains of dowry harassment. The law was widely abused, and in 2014, the Supreme Court ruled that arrests cannot be made without a magistrate's approval.[13]