DOWRY

 

Dowry is the payment in cash or kind by the bride’s family to the bridegroom's family along with the giving away of the bride (called Kanyadanam).  In Indian Hindu Marriage, Kanyadanam is an important part of Hindu marital rites. Kanya means daughter and Dana means gift. Dowry originated in upper caste families as the wedding gift to the bride from her family.  The dowry was later given to help with marriage expenses and it became a forum of insurance in the case that her in-laws mistreated her.  In order to prohibit dowry in marriage, the Dowry Prohibition Act, 1961 was passed and amended in 1984 as well as in 1986.  This Act prohibits taking or abetting dowry which has been made a cognizable offence and provides for punishment.
The bridegroom often demands a dowry consisting of a large sum of money, farm animals, furniture and electronic goods.  The practice of dowry abuse is rising in India.  The most severe of this fall-out is the "bride burning", the burning of women whose dowries were not considered sufficient by their husbands or in-laws.  Most of these incidents are reported as accidental burns in the kitchen or are disguised as suicide.  It is evident that there exist deep rooted prejudices against women in India.  Cultural practices such as the payment of dowry tend to subordinate women in Indian society.
Despite the existence of rigorous laws to prevent dowry deaths under the 1986 amendment to the Indian Penal Code (IPC), a conviction is rare.  Recent Newspaper reports have focused on the alarming rate of deaths of married women in Hamipur, Mandi and Bilaspur districts in Himachal Pradesh State.

Mr. Justice Krishna Ayer wrote in 1994 as follows: - "Laws are made with blood shot eyes to combat dowry deaths, but few killers face trial, fewer are punished and fewest finally sentenced. Judges mostly males, invoke impossible rules against circumstantial evidence. The Judiciary's tendency to stick strictly to the technical rules of evidence proves a veritable boon for dowry death devils. Fortunately there is now a welcome change in the attitude of higher level judiciary in respect of dowry death cases. The apex courts in various cases has shown tendency towards imposing deterrent punishment including death penalty. The emphasis is more on adopting a positive and constructive approach in interpreting the provisions of the law and departing from the Colonial concepts of jurisprudence. The Supreme Court has upheld the constitutional validity of section 498-A of the Indian Penal Code which deals with dowry harassment of women by either her husband or his relatives

 

 

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violation of women rights in india by r.kalaivani