The Indian marital structure has been destroyed by the societal evil of dower, which has also resulted in horrible abuses and torture of women. When a bride is married, her in-laws may be given dowry as a monetary or in-kind present. In addition to abolishing the dowry system, the government has implemented several regulations (including The Dowry Prohibition Act of 1961) and adjustments to raise girls’ status. However, due to the cultural nature of this problem, legislation hasn’t had the desired effect on our culture. When it comes to what is the punishment for demanding dowry and how it works, many are confused.
What is Dowry?
When a female agrees to get married, her family must provide money or other valuables to the prospective husband and his family as part of the “dowry system.”
Dowry, or dahej as it is known in India, may take the form of presents or money given to the bridegroom’s family in addition to the bride. It consists of jewellery, cars, furniture, bedding, electrical appliances, kitchenware, utensils, and other household goods that assist newlyweds in furnishing their residences. The use of dowries in Indian marriages is frequently referred to as the marriage’s business component. All people of all nations shared a common practice of giving dowries.
The Dowry Prohibition Act of 1961 and Sections 304B and 498A of the Indian Penal Code of 1860 forbade the practice of providing dowry, respectively. This prohibition has been in effect ever since.
Is Dowry Legal in India?
The anti-dowry law in India makes dowry illegal. Any conduct in India that involves receiving or giving dowry is unlawful under the Dowry Prohibition Act. The anti-dowry law has a maximum 5-year prison sentence and a fine of Rs. 15,000 or the amount of dowry given, whichever is greater. To take the proper legal action against her husband or his family members, any woman who has been the victim of dowry in India needs to speak with a dowry lawyer.
The act of forcing the bride’s family to satisfy demands as payment for marrying their daughter after the wedding, as well as discussions for a lower dowry agreement from the groom’s side when the bride’s side is unable to complete the true demand/real deal, are all prohibited by law.
Both cruelty or domestic violence for dowry demands and dowry killings are prohibited by the Indian Penal Code’s Sections 304B and 498A, respectively. The accused husband or family member cannot post bail after being detained by the police since the IPC declares the offence as non-bailable.
What is the Punishment for Demanding Dowry?
Section 4 Of Dowry Prohibition Act 1961: Penalty For Demanding Dowry
If any person asks, directly or indirectly, for dowry from the parents or other relatives of a bride, the person shall get punished with imprisonment (not be less than six months, extending to two years with a fine extending to ten thousand rupees).
The Dowry Prohibition Act, 1961
This statute established a legal framework to oversee the exchange of dowries. According to this act, dowry exchange is punishable by a fine. The penalty entails a prison of a minimum of five years and a minimum payment of INR 15,000 or the greater of the dowry sum or the amount of the fine. Demands for dowry are also illegal. Any demand for dowry, whether direct or indirect, is punishable by a 6-month jail sentence and an INR 10,000 fine.
Actions Can Be Taken Against Dowry
The dowry system must be abolished because it is a social taboo. The visit to the in-laws should make every girl feel proud. In India, the dowry system impacts 5 out of 10 families. The government has passed various legislation, but dowry is still a common practice in our society. Therefore, we must all start acting to combat it. Our own houses should be our first stop. Boys and girls should have the same treatment and opportunities at home.
Making appropriate legal corrections is another item that must be done. Legislation cannot be put into effect without the people’s consent. Unquestionably, passing legislation creates a pattern of conduct, activates social conscience, and supports social reformers in their efforts to have it repealed. The system must educate the general public more on moral principles to broaden their minds and viewpoints.
Following Are Some Methods To Control The Dowry System:
- Help your daughters learn.
- Encourage your daughter to be self-reliant and accountable for their actions.
- Promote gender parity.
- Don’t promote receiving or giving dowries.
How To Report Dowry-Related Violence
- Step 1: The act against the wife must fall under the definition of cruelty in Section 498 A. It must be proven that the lady was married, that there was some form of cruelty or harassment, and that the act was carried out by the husband or his family for the offence of cruelty to be established.
- Step 2: It is selecting a police station. One can go to the neighbourhood police station, where wife has the option of going to the neighbourhood police station, where the wife either lives with her husband or her father.
- Step 3: filing the complaint. Make an oral report to the police, who will document it in writing. Ensure your wife signs the written complaint and submits it to that police station.
- Step 4: It is registering the FIR. The crime must be reported to the police, who must then look into it. In these situations, an FIR needs to be filed.
- Step 5: Notice to the accused. After filing the FIR, the police will notify the suspects (the husband and the husband’s relatives) that they will be interviewed and maybe arrested.
Expert Dowry lawyers
It is always preferable to submit a complaint and seek expert lawyers for a dowry case. To select IPC sections effectively and adequately describe your suffering to the Court, the lawyer will be of more assistance to you when you file a complaint. Once the police have complained, you can take the matter to Court and hire a divorce lawyer in Mumbai to help you obtain justice.