HISTORICAL BACKGROUND OF DOWRY

HARASSMENT
The word dowry is originated from the ancient Hindu custom of "Kanyadaan," where during the
time of marriage, the father offers his daughter ornaments, clothing, and "Varadakshina," where
the bride's father offers the groom cash and many other gifts. Originally, this was a common
practise meant to be performed voluntarily out of love, but in recent years, this practise has been
blown out of proportion. Dowry, in the legal sense , refers to the land, wealth, ornaments or other
sort of precious protection that a man or his family receives at the time of marriage from his or
her wife or family. Dowry death applies to the death incurred by the bride's family members for
the specific explanation that the dowry demands remain unfulfilled. The justification for this
crime is nothing but ruthless greed and greed, as the lust for money ignores the woman's
conscience and eliminates all emotions. In degrading and humiliating women, the
commencement of the 19th century played a major role. The Dowry system has created many
socio-economic problems with severe consequences, and it has been found in many instances
that the bride is frequently harassed and insulted when the dowry amount is not deemed
sufficient. India has the largest number of dowry-related deaths in the world by far, according to
the Indian National Crime Record Bureau. In the case of Bhagwant Singh V. Police
Commissioner Delhi {1983 AIR 826, 1983 SCR (3) 109}, the court noted that the woman had
died from burn injuries and the husband was prosecuted and his claim was that she was set on
fire by the herself. In this case , the court correctly observed that young women with intelligence,
character and intellect would not set themselves on fire unless intolerance of suffering caused the
desperate move. Similarly, the prosecution storey in Jaspal Singh V. State of Punjab, AIR
1979 SC 1708, was that the husband's demand for dowry started soon after marriage. The
husband strangled his wife to death and burned her body as the demands were not met. The
husband was sentenced by the High Court to life imprisonment.
LEGISLATIVE ENACTMENTS

i. THE DOWRY PROHIBITION ACT

In May 1961, the Dowry Prohibition Act came into force. Strict laws have been made in the act
and yet dowry remains to be the factor around which all Indian marriages revolve and has
resulted in the death of a significant number of women. It was the first criminal law to ban this
evil practise. The primary aim of this act is to prohibit the unlawful conduct of dowry giving or
taking. It was thought around the later half of the seventies that the 1961 Dowry Prohibition Act
was ill-drawn and badly executed. To research the faults of the statute, the government named a
Legislative Commission. As a result , a number of amendments were made in the
implementation of the Act, taking into account the demands of different social classes and
women's welfare organisations to stop cruel treatment of a woman under the name of dowry, but
it was felt that the current or revised laws were insufficient.
In 1984 and again in 1986, the legislature's attempt to stop dowry deaths led to the amendment of
the Act. Dowry  death was added to the Indian Penal Code in 1986. In the Indian Penal Code, a
new section 304-B was introduced. Over the years, legislation against the demand for dowry and
dowry abuse has been significantly reinforced. Giving or obtaining dowry is protected by
cognizable offences with a term of imprisonment of not less than seven years and can, in some
cases, stretch to life imprisonment. It is compulsory to investigate any unnatural death of a
woman within the first seven years of her marriage in compliance with the Dowry Prohibition
Act (Amendment) 1986.

Definition of Dowry as specified in the 1961 Dowry Prohibition Act Section 2:—

1. Dowry applies either directly or indirectly to any property or valuable property given or

agreed to be given.

2. By one of the parties to the marriage, or by the parents of one of the parties to the marriage, or
by some other person.
3. To either party to the marriage or to any other individual offering the marriage in connexion
with the marriage of those parties at or before or at any time, but does not include dowry or mahr
for persons to whom Muslim personal law (Shariat) applies

ii. THE INDIAN PENAL CODE, 1860

Section 304B: If the death of a woman is caused by any burning or physical injury or any other
circumstances within a period of seven years and her husband or in-laws have caused the
greed of dowry, the husband or relative shall be deemed to have caused the death and shall be
sentenced to imprisonment for no less than seven years, but this may be increased to life
imprisonment.
Section 498A: HUSBAND OR RELATIVE OF A WOMAN 'S HUSBAND SUBJECTED TO
CRUELTY HER. — Incarceration of a husband or relative for a term of up to three years and a
fine. Which is non-compounded and non-bailable.

iii. CRIMINAL PROCEDURE CODE –

Section 198A explains regarding the prosecution for offences against marriage.

iv. THE EVIDENCE ACT, 1872 –

Section113A deals with the assumption of abetment to suicide by a married woman. And 113B
deals with the dowry death assumption.

v. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT,

2005
The Domestic Violence Act came into effect by the government of India and was enacted
specifically to protect women.