Dowry law in India

From Wikipedia, the free encyclopedia

You have new messages (last change).
The neutrality of this article is disputed.
Please see the discussion on the talk page.

Payment of a dowry, gift — often financial, has a long history in many parts of the world. In India, the payment of a dowry was prohibited in 1961 under Indian civil law. This instrument is supported by several sections of the Indian Penal Code. The application of some of these code has become controversial.

Reference sites for abuse, misuse and false implementation of Dowry Laws in India like sec. 498A are www.498a.org , www.mynation.net , www.pariwariksuraksha.org , www.saveindianfamily.org

Contents

[edit] The 1961 Dowry Prohibition Act

This act prohibits the request, payment or acceptance of a dowry. It makes void any agreement to pay a dowry. It replaces several pieces of anti-dowry legislation that had been enacted by various Indian states.

[edit] References

[edit] IPC Section 304B

The Dowry deaths law defines a "dowry death" as any of a wife in the first seven years of marriage without requiring evidence on a complaint that she had been put under unreasonable pressure to supply a dowry It provides for prison sentences for over seven years for those causing dowry death. The usual practice is to provide 3-6 months of prison sentence is provided on the basis of accusation[citation needed].

[edit] References

[edit] IPC Section 498A

Section 498A was inserted into the penal code in 1983 it reads

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

In practice, cruelty is taken to include the demanding of a dowry. This section is non-bailable, non-compoundable (complaint can't be quashed) and cognizable (arrests without investigation or warrants) on a report from a woman or close relative. Another examples of a cognizable law in India was the Prevention of Terrorist Activities Act.

This law makes it mandatory for the police to file charges against the husband, his parents and other relatives/friends (whoever being named on the complaint by the wife or her close relatives) and put them in jail. There is no penalty (even a fine) for filing a false case. Many individuals have claimed this is being abused by the wife or her close relatives.

In urban India, the majority of families have adequate knowledge regarding section 498A. Under this law, although both giving and taking of dowry is illegal, the dowry seeker generally faces greater punishment. The Malimath committee in 2003 proposed making amendments to this section, although such amendments have been opposed by women's groups.

Reference sites for abuse, misuse and false implementation of Dowry Laws in India like sec. 498A are www.498a.org, www.mynation.net, www.pariwariksuraksha.org, www.saveindianfamily.org

[edit] References

[edit] See also

[edit] External Links

Dowries

Women's Issues

Retrieved from "http://en.wikipedia.org../../../d/o/w/Dowry_law_in_India_2729.html"