Dowry Law in India
Dowry meaning :
Section 2.. "Dowry Prohibition Act, 1961" Definition of “dowry”
Definition of “dowry”.—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 1[or any time after the marriage]
2[in connection with the marriage of the said parties, but does not include]
dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat)
applies. Explanation I.— 3[***] Explanation II.—The expression
“valuable security”has the same meaning as in Section 30 of the Indian Penal
Code (45 of 1860).Stridhan
Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry (gifted either by her family), gifts presented to her during the wedding or later, and the dowry articles given by her family.
Gifts given by the parents of the bride are considered
"stridhan", i.e. property of the woman, traditionally representing
her share of her parent's wealth.
IPC Section 498A
498A. Husband or relative of husband of a woman subjecting
her to cruelty.
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.Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a
view to coercing her or any person related to her to meet any unlawful demand
for any property or valuable security or is on account of failure by her or any
person related to her meet such demand.
This section is non-bailable,non-compoundable (i.e. it cannot be privately
resolved between the parties concerned) and cognizable.
The Indian criminal laws were comprehensively amended to include dowry as a punishable offence. Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life.
ReplyDeletePorter & Malouf P.A.