Dowry: Dowry Prohibition Act 1961 | Dowry in India

The dictionary defines dowry as money or property that a wife or wife’s family gives to her husband when the wife and husband marry in some cultures. Unlike what most people in India think, dowry has Babylonian origins. Dowry was regularly practised in Old Greece and the Roman Empire as well. In contrast, many scholars agree that dowry was not frequent or significant in the Vedic Era in India, so much so that it was practised in most of South India in the early 20th Century. It is also argued that the practice of dowry came to India with Aryans.

In all ancient cultures, daughters usually did not inherit any part of the father’s estate, so she was generally given a dowry, which worked as lifetime security for the girl. In the event of divorce, the man was supposed to return the dowry to the woman. The same was not any different in India. Stridhan, which includes the dowry of the girl and gifts she received from her husband and in-laws, was the sole property of the woman concerned, and she was free to deal with it in any manner she deemed fit. So much so that Manu says the husband must restore the Stridhan to the wife if he has used the said property in any distress.

Worldwide laws were introduced with time to regulate the exchange of Dowry or to curb the menace of Dowry. Roman Empire, Italy, Japan, and many other countries had/ have some or other regulations about Dowry. Also, Bangladesh and Pakistan have a prohibition on the exchange of Dowry.

However, legally, in India, Dowry is defined in Dowry Prohibition Act, 1961 as “any property or valuable security given or agreed to be given either directly or indirectly by One party to the marriage to the other party of the marriage or the parents of either party to the marriage or by any other person, to either part of the marriage or any other person, at or before or any time after the marriage in connection with the marriage of the said parties but does not include dower or mehr in the case of persons to whom the Muslim Personal law (Sharia) applies.”

Also, gifts given to the bride are traditionally given at or about the time of the wedding, provided that they are willing and affectionate gifts by the parents and close relatives of the bride to her, which are not considered dowry.

Thus, as per law, anything and everything of value given to the bride at the time of marriage or any of the groom’s relatives is Dowry. Of course, the exception is that of customary gifts. Whether the property was for sole or joint usage of the bride with someone else is immaterial. Thus, the definition of Dowry covers furniture, household articles, jewellery, clothes, vehicles, etc.

Further, there are three occasions related to dowry. One is before the marriage, the second is at the time of marriage, and the third is “at any time” after the marriage. The key word in the act is not so much as the exchange of anything valuable during the marriage. Instead, it is the exchange or promise of anything helpful in the parties’ marriage. Customary gifts, monetary or any other property, have been kept out of the act. Thus, any demand for property or valuable security with a direct or indirect nexus with the fixation or continuation of marriage constitutes a ‘demand of dowry’.

Initially, when the act was passed in 1961, the expression ‘dowry’ was confined to the demand for money, property or valuable security at or before the performance of the marriage. The definition was later expanded in 1985 to cover demands made subsequent to the marriage. The legislature did the same, as there were many problems faced when there was no demand for dowry at the time of marriage, but demand was raised after marriage. Other sections of the act include that any agreement for dowry is void, giving and taking dowry is an offence, and advertising about the same is a punishable offence.

Initially, when the act was passed in 1961, the expression ‘dowry’ was confined to the demand for money, property or valuable security at or before the performance of the marriage. The definition was later expanded in 1985 to cover demands made subsequent to the marriage. The legislature did the same, as there were many problems faced when there was no demand for dowry at the time of marriage, but demand was raised after marriage. Other sections of the act include that any agreement for dowry is void, giving and taking dowry is an offence, and advertising about the same is a punishable offence.

Dowry articles constitute stridhan property of the married woman, and even if the articles are kept in his custody, the husband does not acquire a joint interest in the property. If he dishonestly misappropriates it, he will be liable for prosecution under Section 406 of Indian Penal Code 1860. 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 if the dowry was received; in fact, the same transfer has to happen within three months of such receipt. Otherwise, a separate prosecution can be started under the Dowry Prohibition Act of 1961. There is even a manner to dispose of the dowry of a woman in case she dies before the property is transferred to her, i.e. where such a woman dies, property shall: (i) if she has no children be transferred to her parents, or (ii) if she has children, be transferee to such children and pending such transfer, be held in trust for such children.

Also, with time, two new laws came into force, i.e. Section 498A (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023) & Section 304B of Indian Penal Code (Dowry Death: Proposed Section 79 of The Bharatiya Nyaya Sanhita, 2023), 1860 which further negated the utility of Dowry Prohibition Act, 1961. The Dowry Prohibition Act of 1961 has failed to curb the menace of Dowry in India; instead, new laws have given rise to another menace, which is a misuse of Dowry Laws.