Dowry Prohibition Act, 1961 (Its Impact and Misuse in the Indian Society)

Dowry Prohibition Act, 1961 (Its Impact and Misuse in the Indian Society)

The Dowry Prohibition Act, 1961 is an Indian law that was enacted to prevent the giving or receiving of dowries in marriages, and to curb the social evil of dowry-related harassment and violence against brides. Dowry is a practice in some societies including in India where the family of the bride is expected to give gifts, money, or property, or anything of monetary value to the groom and his family as a condition of marriage. This practice can lead to financial exploitation and harassment of the bride and her family.

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 original Dowry Prohibition Act was deemed ineffective in addressing the issue of dowry and its associated violence against women. In response to this, the legislation underwent subsequent amendments. In 1984, for instance, the law was modified to explicitly permit the exchange of presents between the bride and groom during a wedding. The law required, however, that a list is to 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 Dowry Prohibition Act of 1961 has had several impacts on Indian society;

1. The act has acted as a legal deterrent against the giving and receiving of dowry. The penalties specified in the act, including imprisonment and fines, serve as a disincentive for both the bride's family, who may be tempted to give dowry, and the groom's family, who may demand it.

2. While cultural practices change slowly in the society with the progress of science and education, the Dowry Prohibition Act has contributed to changing attitudes towards dowry. It has encouraged conversations about the negative consequences of dowry, both financial and emotional.

3. Amendments to the act have brought about more transparency in the exchange of gifts during weddings. The requirement to maintain a list of gifts helps in preventing false dowry harassment claims and ensures a record of the gifts given.

4. The act has provided a legal framework for the protection of women's rights in marriage. It not only addresses dowry but also cruelty towards brides for dowry demands, leading to stronger legal protection for women.

5. The act places the burden of proof on the accused, meaning that it is up to the accused to prove their innocence in dowry-related cases. Acts of cruelty against the bride can lead to imprisonment for a term of up to three years.

Types Of Dowry Crimes on Women

1. Fraud 

2. Cruelty

3. Domestic violence

4. Abetment to suicide

5. Dowry murder

Misuse of the Dowry Prohibition Act of 1961

The Dowry Prohibition Act of 1961 was enacted to prevent the giving and receiving of dowries and to protect the rights of women. While it serves an important purpose, like many laws, it can also be misused.

1. In some cases, individuals, usually wives or their families, have filed false dowry harassment cases against their husbands and in-laws. They do this to settle personal scores, gain an advantage in divorce or marital disputes.

2. The threat of filing a false dowry harassment case can be used as a tool for extortion and blackmail. Some individuals may demand money or assets from their spouses.

3. In some instances, dowry harassment cases are used as a means of pressuring the accused party, usually the husband's family, to meet financial or other demands. Dowry harassment cases can be filed out of revenge or vengeance, often after marital relationships have soured.

4. The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. The case got much coverage from Indian and international media. Nisha Sharma was portrayed as a youth icon and a role model for other women. However, it was later found that the Nisha had fabricated the charges to wiggle out of the wedding, and in 2012 all accused were acquitted.

5. There is growing criticism that the dowry laws are often being misused, particularly the section 498A of the Indian Penal Code which is observed by many in India as being prone to misuse because of mechanical arrests by the police. According to the National Crime Records Bureau statistics, in 2012, nearly 200,000 people including 47,951 women, were arrested in regard to dowry offences. However, only 15% of the accused were convicted. In many cases of 498a, huge amounts of dowry are claimed without any valid reasoning. A rickshaw puller's wife can allege that she gave crores of money as dowry and since it is a cognizable case, police are bound to register the case. And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked.

Article Written By,Ronith Maity, Student, 7th Semester,Department of Law, Hazra Campus, University of Calcutta.