Reforms in Family Law Part 4

Prevention of Dowry System 

 

Dowry is a social evil that ruins two families. Where Dowry is demanded, endless conflict starts between the parties and ends with death of the bride or divorce or unhappy married life. Almost all the persons play double role, a father of a bride, searching for bridegroom for his daughter, has different thoughts from the father of bridegroom and feels that dowry is the biggest disease. Contrary to this, the father of bridegroom thinks in different sense, and has a tendency to have maximum Dowry. This is a highly social problem. To solve this, we made it an offense in 1961 and thereafter drastic change in 1983 took place by amending the Indian Penal Code (IPC) and Indian Evidence Act to deal with dowry death and cruelty by husband and his relatives by Criminal Law Amendment Act, 1983.

The Dowry Prohibition Act of 1961 says that any person who gives, takes, or abets the giving or taking of dowry shall be punished with imprisonment, which may extend to six months or with fine up to Rs. 5,000 or with both. Dowry that started off as a practice to give away presents to the departing daughter, usually some resources to begin her new married life, slowly assumed extraordinary proportions and turned into a social evil. Brides were expected to bring the "gifts" regardless of their personal willingness. The bride's family could no longer have an individual say; lists were prepared and sent to the girl's house before the final agreement between the two families. The condition being that the boy would marry the girl only if the demands were met. Such a custom is being practiced not only in India but also in other countries like Bangladesh and Nepal. The reason behind this custom is the poor economical condition of the people along with a lack of education; unawareness of legal rights among women and a general bias against the women.

Crimes like rape, kidnapping, eve teasing and indecent exposure can be grouped as crimes against women. Rape is the worst crime against women after murder and the maximum punishment under the IPC is life imprisonment. An abortion or miscarriage due to natural causes is not an offense. Therefore, the law does not deal with it. However, violent and forceful abortion is a crime. Sections 312 and 316 of the Indian Penal Code deal with abortion as crime. Section 313 deals with abortion without the consent of the woman. The punishment could even be life imprisonment.

The Hindu Succession Act gives male and female heirs almost equal right to inheritance. Section 14 says that any property possessed by a female Hindu shall be held by her as full owner and not as a limited owner.