Contents
Meaning of Dowry.
Origin of Dowry.
Laws regarding Dowry in India.
Laws regarding Dowry in Nepal.
Meaning of Dowry:
In simple words Dowry is the demand of money or valuables by the family of the groom from the bride’s family in lieu of marriage. Such demand is always forceful and in most of the cases if family of the ride fails in fulfilling the dowry demand then bride faces torture, cruelty ad in some cases even the death. In spite of its being crime in many countries society accepted it as a whole. It is an inhuman practice and each year thousands of young bride are killed by the family of her in laws.
Origin of Dowry:
Origin of Dowry lies in the traditional custom of giving gift to the bride in a marriage by her father. There was no rule regarding this gift at that time. This gift can be from the immovable property of the father or any other valuable goods. The remaining property after giving this gift to the bride went to the son. No specific demand can be made by the groom or his family. It was a voluntary system and family o the bride makes gift according to their capacity. We find instances in history where even a handful of rice was given to the bride as gift in marriage.
Laws regarding Dowry in India:
1- The Dowry Prohibition Act, 1961 is an important legislation in this regard. This act makes demand of dowry, giving or taking dowry an offence. Agreement for taking or giving dowry is void under this act. This act defines Dowry as under:
“ ‘dowry’ means any property or valuable security given or agreed to be given either directly or indirectly:
By one party to a marriage to the other party to the marriage; or
By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person at or before marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.”
This definition is given under section 2 of the Dowry prohibition act, 1961.
2- Section 304B of Indian Penal Code, 1860 defines Dowry death. If death of a woman is caused by any burns or bodily injury which is not the result of the natural death under normal circumstances and that too within the seven years of marriage the court will presume (this presumption is according to the law in section 113B of Indian Evidence Act, 1872), that death is caused by the husband or his relatives if death is result of dowry demand. Burden of proving innocence will now shift on accuse. The victim’s lawyer only needs to prove that:
Death was unnatural;
Death is caused within seven years of marriage;
Death is caused in connection of demand of dowry.
Punishment for causing dowry death should not be less than 7 years but which may extent to imprisonment for life under this section.
Laws regarding Dowry in Nepal:
One of the most important act in this regard is the Social Practices (Reform) Act, 2033 (1976) This act prohibits Tikal (property to be given by the bride side to the bride groom side for the reason that the bridegroom accepted to get marriage),
Restriction on Daijo (Dowry), Prohibition on bearing other Financial Liability, Restriction on Janta, Restriction on Marriage Feast, and Ban on Exhibition of Daijo, etc.
another important legislation in this regard is Domestic Violence (Offence and Punishment) Act, 2066 (2009) and Domestic Violence (Offence and Punishment) Rules, 2067 (2010) which makes every kind of domestic violence punishable. But there is no separate legislation till now and much more is left to be done by the Nepal in this regard.
Other counties where problem of Dowry and Dowry death are rising are Greece and Australia. We are living in the 21st century, so these barbarian practices must be eradicated from our society and it can be done through education and self dependence of women, overhaul of mindsets, social awareness and proper implementation of the laws which we have.
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