Author – Kratika Pachouri, Student from BENNETT UNIVERSITY GREATER NOIDA.
INTRODUCTION
In an Indian Society When a women get’s married, her parent’s property, gifts, or money are transferred to her for her welfare and wellbeing. Dowry should never be misinterpreted with the words like bride price and dower. The dowry in itself has a different meaning that is wealth sent from the bride’s family to the man or his family, solely for the bride, whereas the bride price or bridal service is a payment made to the bride’s parents by the groom or his family. Now taking a look on the other hand, that is at the definition of the dower it is the property bestowed on the bride by the husband at the time of marriage and over which she retains ownership and control. The Law that is The Dowry Prohibition Act of 1961 was intended to make the exchange of the dowry from either of the marrying party, as well as other related offences, illegal. By virtue of section 304-B, a new offence known as dowry death was added to the IPC in 1986.[1]
DOWRY SYSTEM IN INDIA
The bridegroom’s family in exchange for their pride, and it might include money, jewellery, utilities, furniture, bedding, crockery, and other household items used by the newlyweds to equip their home. The purpose of the dowry system is to financially burden the bride’s family. In certain cases, the dowry system in Leeds has resulted in violence against women, ranging from emotional abuse to bodily harm and even death. The payment of dowry has been discontinued. Dowry is a demand for valuable security property with an inextricable link to the marriage, defined by the Dowry Prohibition Act as a consideration from the bride’s parents or relatives to the groom or his parents or relatives to the groom’s parents and guardians for the agreement to marry the bride-to-be. According to Section 3 of the Dowry Prohibition Act of 1961, the punishment for supplying or taking dowry does not apply to gifts presented to the bride or groom at the time of the wedding when no demand for them has been made.
Despite the fact that India has had dowry laws for decades. They were reprimanded for their ineptitude. The practise of dowry deaths and murders persists unabated in many parts of India, adding to enforcement concerns. If a wife complains of dowry harassment, the bridegroom and his family are automatically arrested under Section 498-A of the IPC. Because the clause was frequently exploited, the Supreme Court declared in 2014 that arrests could only be undertaken with the authorisation of a magistrate.
DOWRY CRIMES AND ITS TYPES
Dowry crimes can take many different forms. With regard to the violence against women in India, dowry is regarded to be one of the biggest crimes which holds massive place in this very own country. Among the these heinous activities perpetrated are cruelty physically and emotionally, torture, and are high chances of the murder of brides and young girls before the marriage. The most common sorts of dowry crimes are cruelty (including torture and harassment), domestic violence (including physical, emotional, and sexual assault), suicide abetment, and dowry death (including, issues of bride burning and murder)
CRUELTY IS ONE OF THE CRIMES
Abuse or harassment of a woman with the intention of forcing her to comply with a demand for property or valuable security is a type of dowry crime. Cruelty could take the form of verbal insults or be accompanied by beatings or harassment in order to force the woman or her family to comply with dowry demands. The brutality can lead to the women attempting suicide in many situations, which is why anti-dowry laws in India have made it illegal.
DOMESTIC VIOLENCE
Domestic Violence is a serious problem. Domestic abuse is a major issue. The major examples of domestic violence can be identified as it might occur financially, or sexually assaulting a women, as well as mentally hampering them, isolating them, physically and imposing compulsion upon. The violence now is reduced, and women’s rights are safeguarded, due to legislation like the Protection of Women from Domestic Violence Act of 2005.This type of violence against women is a prevalent issue. It affects women of all ages, in all societies, and in all socioeconomic groups.
The Essential Ingredients To classify a death as a dowry death, the following criteria must be met:
1. A woman’s death should, under normal circumstances, be caused by setting her ablaze in fire or any other same degree torture amounting to death.
2. She should have died within the first years of their marriage particularly seven.
3. The bride or women under the mentioned time period was brutally abused or was a victim of harassment by her husband or any of his family members.
4. Any dowry demand should be accompanied by or preceded by such cruelty or harassment.
5. Also, Prior to her death, the women was brutally abused or must have been a victim of harassment by her husband or any of his family members i.e, her in laws.[2]
6.Therefore if a there is case of death of a women under as a result of the aforementioned circumstances, the husband and his relatives then it is assumed that the death of the victim was caused due to the demand of dowery and the family member’s i.e. the in laws of the women are liable for the offences unless there is evidence to the contrary.
Punishment if dowry is committed:
Anyone who commits this very particular offence then he or she is punishable under section 304-B (2) of the IPC with a term of imprisonment of minimum 7 years, but up to life imprisonment.
Offence Classification 304-B is a criminal offence.
- Cognizable
- Non-bailable
CONCLUSION
Dowry is both a source of joy and a source of grief in today’s culture. It also offers happiness to the spouse and his family, who receive money, high-end apparel and cookware, furniture, and bedding materials, among other things. The bride’s parents, on the other hand, are cursed since they must incur substantial expenses to meet the bridegroom’s party’s unreasonable demands. The demand for dowry persists even after a marriage. In certain circumstances, the bride’s in-laws are more too eager to torment her, insult her, and put her through physical and emotional pain. When the bride’s parents are put under even greater stress, their beloved daughter is usually forced to commit suicide in order to avoid more humiliation and torment from her husband’s family. Furthermore, the proof is frequently destroyed in the flames when brides are burned to death. Dowry is linked to a range of criminal offences in India.
In some families, dowry is used as a threat or a means of collecting money from the bride’s family, regardless of their financial position. Dowry-related accusations are frequent in India’s north and east, and many families threaten the bride with domestic violence if their demands are not met. They will continue to mistreat or threaten the bride by her husband or his family, ultimately leading to her suicide. One could claim that nowadays, the groom’s parents exploit the bride’s family as a dowry source. Regardless of their socioeconomic condition, all families are affected by the dowry system. Families can marry their daughters to any suitable suitor without having to pay a dowry, proving that the dowry system exists in society and that it is being abused under the cover of tradition. Only when the groom’s side dowry is banned across the country can the country prosper and the daughters become self-sufficient. Dowry, also known as “Dahej” in Arabic, is considered a gift if it is provided by the bride’s side without any enforcement, but it is considered a crime if it is given by the groom’s side without any enforcement. No bride’s father will be burdened if the dowry system is completely abolished, and no girls will be slain after or before birth. Dowry should be in the best interests of the bride’s family, not the groom’s. Dowry was created to secure the safety of the bride in her new home when she marries and departs, but its meaning has varied over time to meet changing demands.Let us all strive together to put an end to this heinous societal practise and safeguard the bright futures of our young women. The important element to remember here is that parents should be able to give their daughters anything they choose, and nothing should be forced upon them in the name of tradition.
[1] “Dowry, A Social Evil – Legal Articles In India”, Legal Articles In India, Last modified 2022, https://www.legalservicesindia.com/law/article/2103/15/DOWRY-A-Social-Evil-?id=2103&u=15.
[2] “Dowry Death -Meaning,Legal Provisions,Essentials & Case Laws”, Lawbestow.Com, Last modified 2022, https://lawbestow.com/dowry-death/.