By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. G.S.R. Her contributions to SAGE Publications'. (2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely, -. Dowry Case. dowry prohibition act, 1980 [XXXV of 1980] Sections 2 & 4 ―The legislature has taken care to see that not only the taking or giving of dowry or abetment thereof before or at the time of marriage is made an offence but also the demand thereof after marriage. (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years , or with fine which may extend to fifteen thousand rupees: if the dowry was received before marriage, within three months after the date of marriage; or, if the dowry was received at the time of or after the marriage within three months after the date of its receipt; or. The Dowry Prohibition Act, 1986 failed to check the evils of dowry system and it also lacked in providing solutions to the ever increasing menace of dowry deaths. But despite the Act, dowry system is continuing unabated and in fact it’s increasing by the day. The act and relevant sections of the Indian Penal Code were further amended to protect female victims of dowry-related violence. 8-B. These enactments punished violence against women by their husbands or their relatives when proof of dowry demands or dowry harassment could be shown. (3-A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1)or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the women entitled thereto or, as the case may be, her heirs, parents or children, the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman, or as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman, as the case may be, her heirs, parents or children. “DOWRY PROHIBITION ACT, 1961” The ‘Dowry Prohibition Act, 1961’ is being implemented in the country for five decades now, but, the practice of dowry and dowry related crimes continue to be a matter of concern. Burden of proof in certain cases: Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 3 shall be maintained and all other matters connected therewith; and. Which is not limited to public places and their work spaces. 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list. 4. Provided that such presents are entered in list maintained in accordance with rule made under this Act;presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf): Under section 3 of the dowry prohibition act, taking or giving dowry is a serious crime and illegal. Explanation.- For the purposes of this sub-section, "recognised welfare institution or organization" means a social welfare institution or organization recognized in this behalf by the Central or State Government. (3)Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:if she has no children, be transferred to her parents, orif she has children, be transferred to such children and pending such transfer, be held in trust for such children. Dowry Prohibition Officers:(1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act. The ‘Dowry Prohibition Act, 1961’ is being implemented in the country for five decades now, but, the practice of dowry and dowry related crimes continue to be a matter of concern. — (1) This Act may be called the Dowry Prohibition Act, 1961." (1) The Central Government may, by notification in the official Gazettee, make rules for carrying out the purposes of this Act. In order to stop this horrible act, the Dowry Prohibition Act, 1961 was enacted by the Parliament of India which specifies all the provisions related to dowry … Dowry Prohibition Act, 1961 Additionally, it has provisions to punish those who help to provide or take dowry as well. presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf): presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf): (1)If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees: (2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section(3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. Published at 06:33 pm May 7th, 2018 (3) The State Government may, by notification in the official Gazette, confer such powers of a police officer as may be specified in the notification, the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act. According to section 3 of the Dowry Prohibition Act, 1961, it is an offence to both take dowry and give dowry. Dowry is most common in nations with inadequate male-biased inheritance laws and patrilineal societies, which expect women to live with or near their husband's family. -The Dowry Prohibition Act, 1961 was recently amended by the Dowry Prohibition (Amendment) Act, 1984 to give effect to certain recommendations of the Joint Committee of the Houses of Parliament to examine the question of the working of the Dowry Prohibition Act, 1961 and to make the provisions of the Act more stringent and effective. Under the Dowry Prohibition Act, dowry includes property, goods, or money given by either party to the marriage, by the parents of either party, or by anyone else in connection with the marriage. All About Dowry Prohibition Act, 1961 By Roopali Lamba (Download PDF) INTRODUCTION- Dowry is an ancient evil practice prevailing in our country.Many women become victims of this cruel custom. (1) This Act may be called the Dowry Prohibition Act, 1961. Explanation. Basically Dowry Prohibition Act, 1961 has failed to curb the menace of Dowry in India, rather new laws have given rise to another menace which is misuse of Dowry Laws. (2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section(3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. The humiliation and hardship which the family of the bride has to face is enormous. Corrections? Ban on advertisement. Provided that such presents are entered in a list maintained in accordance with rules made under this Act; Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:- Get exclusive access to content from our 1768 First Edition with your subscription. Another layer of legal protection was provided in 2005 under the Protection of Women from Domestic Violence Act. This is the info related to Dowry Prohibition Act 2018 passed by Bangladesh Parliament. Explanation. Legal framework in India for prohibiting dowry. to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act. Dowry is an ancient evil practice prevailing in our country. (2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom. The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. the better co-ordination of policy and action with respect to the administration of this Act. (ACT NO. 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.Explanation 2.- Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature on the list of the person who has so read out the particulars contained in the list. Section 498A & Section 304B of Indian Penal Code, 1860 which further negated the utility of Dowry Prohibition Act, 1961. (1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride. These graphics depicts the real picture of crime against women in india. Dowry Prohibition Act 2018. The Dowry Prohibition Act – which Parliament passed on July 1, 1961 – aims to prohibit the giving or taking of dowry. The law required, however, that a list be maintained describing each gift, its value, the identity of the person giving it, and the person’s relation to either party to the marriage. (1) The Central Government may, by notification in the official Gazettee, make rules for carrying out the purposes of this Act. The Dowry prohibition Act was enacted by the Parliament in 1961 with an objective to prohibit presenting, obtaining or demanding dowry by any means from either of the party to the marriage. (2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.Every list of presents referred to in sub-rule (1) or sub-rule (2),-. It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. 30 of the Indian Penal Code (45 of 1860). ACT 28 OF 1961 The Dowry Prohibition Bill was passed in the Joint Sittings of both the Houses of Parliament and it became an Act - The Dowry Prohibition Act, 1961 (28 of 1961) and it received the assent of the President on 20th May 1961. (1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as of they were cognizable offences-. THE DOWRY PROHIBITION ACT, 1980. Rules in accordance with which lists of presents are to be maintained.-. the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of Sec. Our editors will review what you’ve submitted and determine whether to revise the article. An Act to prohibit the giving or taking of dowry. So the family of bridegroom would be liable for taking dowry so would the family of bride be to consent to give dowry. The dowry prohibition law in our country prohibits the practice of taking dowry by either party to a marriage. Under the Dowry Prohibition Act, 1961, the District Social Welfare Officers have been designated as the Dowry Prohibition Officers.Complaints filed with the District Social Welfare Officers and complaints referred by the Police are enquired into by the Dowry Prohibition Officers relating to dowry. So, the Parliament thought it fit to bring a specific provision to deal with the said crime of bride burning. It extends to the whole of India except the State of Jammu and Kashmir. THE DOWRY PROHIBITION ACT, 1961, (Act No. (ii) “Dowry” in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. Short title, extent and commencement.—(1) This Act … (4)Nothing contained in this section shall affect provisions of Sec. Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. (3) The State Government may, by notification in the official Gazette, confer such powers of a police officer as may be specified in the notification, the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act. Taking and giving Dowry had been a long practice followed in India. The Indian Penal Code was also modified in 1983 to establish specific crimes of dowry-related cruelty, dowry death, and abetment of suicide. The Dowry Prohibition Act applies to persons of all religions in India. The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the bridegroom, his parents and his relatives as a condition of the marriage. The Dowry Prohibition Bill was passed in the Joint Sittings of both the Houses of Parliament and it became an Act - The Dowry Prohibition Act, 1961 (28 of 1961) and it received the assent of the President on 20th May 1961. This law was intended to prevent the giving and receiving of dowry and saving the lives of millions of innocent women. if the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years, and pending such transfer, shall hold it in trust for the benefit of the woman. (a) 'Act' means the Dowry Prohibition Act, 1961; (b) 'Stridhan' means the presents made or given to the newly wedded bride which are part of stridhan, and this stridhan does not come under the purview of the Dowry Prohibition Act, 1961. by one party to a marriage to the other party to the marriage; or. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: (1) This Act may be called the Dowry Prohibition Act, 1961. XXXV OF 1980). An Act further to amend the Dowry Prohibition Act, 1961, and to make certain necessary changes in the Indian Penal Code, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872. I have found the Bangla version of the Act here, but no English version yet available online. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature. (2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this Act.). The number had stood at 727 in 2017. (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more: Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years. DOWNLOAD PDF FOR DOWRY PROHIBITION ACT, 1961 The Dowry Prohibition Act applies to persons of all religions in India. The number of cases filed under the Dowry Prohibition Act witnessed a rise from 690 in 2018 to 739 in 2019. Let us know if you have suggestions to improve this article (requires login). Despite the revisions, however, the practice of dowry and dowry-related violence still occurs in varying degrees within several communities and socioeconomic groups of India. 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. to examine the question of the working of the dowry prohibition act, 1961 and to make the provisions of the act more stringent and effective. In 1984, for example, it was changed to specify that presents given to a bride or a groom at the time of a wedding are allowed. 26th December, 1980 ] An Act to prohibit the taking or giving of dowry in marriages. So the family of bridegroom would be liable for taking dowry so would the family of bride be to consent to give dowry. shall be prepared at the time of the marriage or as soon as possible after the marriage: the name of the person who has given the present; and. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows- 1. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Short title, extent and commencement. (2) It extends to the whole of India except the State of Jammu and Kashmir. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— 1. XXXV OF 1980). (a) 'Act' means the Dowry Prohibition Act, 1961; (b) 'Stridhan' means the presents made or given to the newly wedded bride which are part of stridhan, and this stridhan does not come under the purview of the Dowry Prohibition Act, 1961. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the bridegroom's family along with the bride and includes cash, jewellery, ele… Girl children are neglected, sex – selective abortion is also the main result of dowry system. The Dowry Prohibition Act, 1986 makes both giving and demanding of dowry a punishable offence. THE DOWRY PROHIBITION ACT, 1961 ACT NO. The Dowry Prohibition Act, 1961 applies to people from all religions, it does not include the 'meher', in cases where the Muslim personal law is applicable. where the person giving the present is related to the bride or bridegroom, a description of such relationship; shall be signed by both the bride and the bridegroom. (1) This Act may be called the Dowry Prohibition Act, 1961. In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly: Explanation II.-The expression `valuable security’ has the same meaning as in Sec. LIST OF AMENDING ACTS 1.The Dowry Prohibition (Amendment) Act, 1984. (4)Nothing contained in this section shall affect provisions of Sec. (1) This Act may be […] It is important to understand the word or material dowry itself was never the cause of the problem. The Dowry Prohibition Act – which Parliament passed on July 1, 1961 – aims to prohibit the giving or taking of dowry. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:- Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act. 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