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Dowry or Dahej
is the payment in cash or/and kind by the bride's family to the
bridegroom' s family along with the giving away of the bride ( called
Kanyadaan) in Indian marriage. Kanyadanam is an important part of
Hindu marital rites. Kanya means daughter, and dana means gift.
Dowry originated
in upper caste families as the wedding gift to the bride from her
family. The dowry was later given to help with marriage expenses and
became a form of insurance in the case that her in-laws mistreated her.
Although the dowry was legally prohibited in 1961, it continues to be
highly institutionalized.
The groom often demands a dowry consisting of
a large sum of money, farm animals, furniture, and electronics. |
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With a view to eradicate the rampant social evil of dowry from the Indian society, Parliament in 1961 passed the Dowry Prohibition Act which applies not merely to Hindus but all people, Muslims, Christians, Parsees and Jews. It extends to the whole of India except the State of Jammu and Kashmir.
Constitutes Dowry
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The practice of giving a "dowry" or a gift to a woman at marriage is said to have its origins in the system of "streedhan" . women's share of parental wealth given to her at the time of her marriage.
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As a woman had no right to inherit a share of the ancestral property streedhan was seen as a way by which the family ensured that she had access to some of its wealth. There is no clear proof as to when this practice was first started in India.
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What began as gifts of land to a woman as her inheritance in an essentially agricultural economy today has
degenerated into gifts of gold, clothes, consumer durables and large sums of cash, which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The dowry is often used by the receiving families for business purposes, family member's education, or the dowry to be given for the husband's sister. The transaction of dowry often does not end with the actual wedding ceremony as the family is expected to continue to give gifts.
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In the course of time dowry has become a widespread evil and it has now assumed menacing proportions. Surprisingly it has spread to other communities, which were traditionally non-dowry taking communities. With the increasing greed for the easy inflow of money on account of a bride the chilling stories of bride burning started coming to light.
Dowry is defined as any property or valuable security given or agreed to be given either directly or indirectly:
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By one party to a marriage to the other party to the marriage or ;
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By parents of either party to a marriage or ;
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By any other person to either party to the marriage.
Ban on Advertisement
Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto RS. 15,000 (Fifteen thousand).
Dowry Agreement
An agreement for giving and taking of dowry shall be void. The dower or Mahr given during marriage under the Shariat (Muslim Personal) Law. Gifts that are given to the bride or the bridegroom at the time of the marriage (without any demand being made) will not
amount to dowry, if such presents are entered in a list in the following manner :
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The bride shall maintain the list of presents given to the bride -
The bridegroom shall maintain the list of presents given to the bridegroom
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The lists shall be prepared at the time of marriage and shall be in writing
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The list shall contain a brief description of each present, approximate value, the name of the person who presented it, relationship of the presenter to the bride or the groom
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The list shall be signed (or thumb impression) by both the bride and the groom
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Where dowry already given - Where any dowry is received by any person other than the woman in connection with whose marriage it is given that person shall transfer it in the name of the women
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if it was received before marriage within three months after the date of marriage -
if it was received at the time of marriage or after the marriage within three months after the date of it's receipt -
if the dowry was received when the woman was a minor within 3 months after she has attained the age of 18 years.
Pending such transfer that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman dowry shall be transferred to her children or her parents.
If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine which shall not be less than RS. 15,000 (Fifteen thousand) or with both. |
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