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Dowry related crimes continue to rise even after 59 years of Dowry Prohibition Act: What are the reasons for this?

    Home blog Dowry related crimes continue to rise even after 59 years of Dowry Prohibition Act: What are the reasons for this?
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    Dowry related crimes continue to rise even after 59 years of Dowry Prohibition Act: What are the reasons for this?

    By Gatha G Namboothiri | Women | Comments are Closed | 12 March, 2020 | 0

    By Gatha G Namboothiri

    Image for post

    Dowry has been defined as anything with value being given from one party of marriage to the other as a condition for the marriage to take place. The Dowry Prohibition Act passed in 1961 declares that giving or accepting dowry is illegal. It also punishes the people who are involved, who help and facilitate the exchange of dowry.

    Want to watch an explainer video on Dowry? It’s provided below:

    What is punishable under the dowry law?

    1. Giving dowry and taking dowry

    Under Section 3 and 4 of the Dowry Prohibition Act, both giving and taking dowry have been made punishable offences. Such actions are punishable by a minimum imprisonment of 5 years and a minimum fine of 15,000 rupees. If you demand dowry, you can be punished with jail time between 6 months and 2 years and/or fine which may go up to Rs. 10,000.

    The definition of dowry has been clarified by Courts in India. In S. Gopal Reddy Vs. State of Andhra Pradesh1 (1996), the Supreme Court explained that the definition of ‘dowry’ has to be interpreted flexibly. They also said that if marriage gets cancelled because a party could not give the money or valuable security demanded from them, then this is a case of dowry demand.

    There have been different approaches by Courts like in Appasaheb and Anr. Vs. State of Maharashtra2, where the husband’s family asked for money from the bride to meet urgent domestic expenses arising out of financial stringency. This demand was not considered as an illegal act of dowry under the law.

    Any agreement for the giving or taking of dowry will not be considered as a valid agreement in the eyes of the law. For example; A’s(bride) family and B’s(groom) family enter into a contract to have the marriage conducted of A and B and in return, A’s family will give a large sum of money and a car as dowry to B. However, under the law, this is not a valid contract and will be treated as if it does not exist. If A’s family does not end up giving the car to B’s family, B cannot take A or her family to Court, for not carrying out the promise under the contract.

    2. Facilitating an exchange of dowry

    The people who help in the exchange of dowry could also be punished under the law for facilitating this exchange. This could mean friends, family etc who help in the process of exchanging dowry will be punished along with the parties who exchanged the dowry.

    3. Offering dowry through advertising and publishing of advertisement of dowry offers

    The law punishes people who offer dowry through an advertisement. Printing, publishing or circulating this advertisement is also an offence and the people involved in the same can be punished too with imprisonment of at least six months and/or with fine up to fifteen thousand rupees:

    4. Harassment and Violence for Dowry

    While making a demand for dowry, any sort of harassment and cruelty by the husband or his family against the wife is criminalized. Both physical and mental harassment caused to a woman would be covered under this. A punishment extending to 3 years and fine has been prescribed as punishment.

    Image for post
    Source: Lawctopus

    Any kind of domestic violence made in the name of dowry demand will also be punishable.

    5. Dowry death

    Dowry death is the death of a bride that can occur due to harassment and violence arising out of the demand of dowry from the husband and/or his family. The person who has been held guilty for this offence shall receive a minimum punishment of 7 years of imprisonment.

    Image for post
    Source: LegalSeva

    If a woman commits suicide, then the husband and his family can be punished if the suicide was due to harassment she faced for dowry demand. If it can be shown that the woman was subjected to cruelty related to dowry demand before her death, then the Court will assume the death to be a dowry death.

    Problems with the Dowry Law

    The definition of the word dowry itself has been criticized by scholars for being inadequate or too vague3. As per Section 2 of the Dowry Prohibition Act, dowry has been defined as:

    “In this act, ‘dowry’ means any property or valuable security given or agreed to be given either directly or indirectly:

    a. by one party to a marriage to the other party to the marriage; or

    b. 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 or any time after the 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.”

    Through expressions such as ‘any time after marriage’, there is scope to cover any demand made at any point as long as it has been made ‘in connection with the marriage of the said parties’4.

    The law also states that:

    “Section 6: 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 to the woman”.

    This section tries to clarify that the dowry given by the bride’s family and collected by anyone is for the benefit of the bride and her heirs. If the bride has deceased, then also the dowry will have to go back to her heirs.

    Through this provision, anyone who does not hand over the dowry to the bride or her heirs within a specified time mentioned can be punished with imprisonment and fine. This might seem like a contradiction in the legislation since giving, taking or exchanging dowry is illegal5. However, this section aims to clarify what is to be done in situations where the dowry has been exchanged already, a case has been filed and is ongoing etc6.

    Under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, both the bride and groom are supposed to maintain a list of all the gifts or presents received by them. The law does not criminalize the exchange of ‘presents’ and these will not be considered as dowry since they are given voluntarily.

    However, dowry is commonly given under the guise of it being “presents” so many people commonly keep or omit the gifts as per the wishes of the groom. The check done by the law enforcement agencies of the list of presents is also abysmal, thus leading to a continuous rise in dowry related violence.

    A continuous rise in dowry-related crimes

    Women face issues at every stage while reporting a complaint related to dowry. Many people, to date, continue to believe that such family issues are a private matter that should not be dragged to court. Police might even refuse to file cases of aggrieved women and her family. The delay in our judicial system in handling these cases also contributes to the weak implementation of anti-dowry laws. In 2015, only 34.7% of the accused have been convicted while the rest of the cases continued to be pending. Due to weak implementation, women are further demotivated to approach the law and enforcement agency7.

    Image for post
    Source: PathLegal

    Since 1961, the Dowry Prohibition Act has been amended twice to make the punishments stronger for more effective implementation. However, according to the data of the National Crime Records Bureau (NCRB), dowry deaths have been consistently on the rise in India. While the number of deaths was 19 per day in 2001, in 2016, it rose to 21 per day.

    The nature of dowry-related crimes are continuous in nature and can always make the women feel threatened as long as they live, in their own homes. A study by the UN recently declared that home is the most unsafe place for a woman in the world.8 The nature of such offences is directly linked to the patriarchal nature of the society we live in. Hence, we need to work on social reform through awareness and education along with ensuring implementation of existing laws for a better tomorrow.

    _____________________

    Gatha N. is member of the Kautilya Society, an initiative of Vidhi Centre for Legal Policy, New Delhi. She is a final year law student at West Bengal National University of Juridical Sciences. Views are personal.

    1. 1996 SCC Cri 792[↩]
    2. (2007) 9 SCC 721[↩]
    3. B. Pramila, A Critique on Dowry Prohibition Act, 1961, Proceedings of the Indian History Congress Vol. 76 pp. 844–850 (2015); Tara S. Kaushik, The Essential Nexus Between Transformative Laws and Culture: The Ineffectiveness of Dowry Prohibition Laws of India, Santa Clara Journal of International Law 1(1) (2003).[↩]
    4. Ashok Kumar vs State Of Haryana [2010 Cri.L.J. 4402(1)]; State of Andhra Pradesh v. Raj Gopal Asawa [(2004) 4 SCC 470].[↩]
    5. B. Pramila, A Critique on Dowry Prohibition Act, 1961, Proceedings of the Indian History Congress Vol. 76 pp. 844–850 (2015).[↩]
    6. Tara S. Kaushik, The Essential Nexus Between Transformative Laws and Culture: The Ineffectiveness of Dowry Prohibition Laws of India, Santa Clara Journal of International Law 1(1) (2003).[↩]
    7. Parvathi Menon, Dowry Deaths in Bangalore, Frontline 16(17) pp. 64–73 (1999), available at http://www.cwds.ac.in/wp-content/uploads/2016/12/dw_dowry_deaths_in-_bangalore-1.pdf.[↩]
    8. Home Is the ‘Most Dangerous Place’ for Women Around the World, New U.N. Study Says, available at https://time.com/5463069/home-most-dangerous-gender-violence-study-un/ (2018); Most dangerous place for women is the home, UN report finds, available at https://www.livemint.com/Politics/xuQddLRcCnaW2drDSKTcUO/Most-dangerous-place-for-women-is-the-home-UN-report-finds.html (2018).[↩]

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    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

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