Brief Study the British cast a disapproving eye on the practice of dowry. Indian social reformers also realized the malaise. Even before Independence, to curb the evil of dowry, the then provincial government of Sind passed an enactment known as the “Sind Deti Leti Act, 1939” to deal effectively with the evils of dowry.
This Act prohibited and set expressive limits for
taking dowry, and also prescribed punishment for violating the provisions of
the Act.
(Paras Diwan and P Diwan, Women and Legal
Protection (Deep & Deep publication, 1994). After Independence the malady
continued. Brides were ill-treated and tortured for not bringing or bringing insufficient
dowry. What seemed to be stray cases of suicides or accidental deaths by
explosion of kerosene stoves became suddenly explicable as dowry deaths. The
anger and militant protests by a small group of women at a couple of such
deaths snowballed into a campaign demanding legislation against it.
The Dowry Prohibition Act, 1961 is a small penal statute consisting of only 10
sections. Punishment is prescribed both for taking and giving dowry(sec-3), and
it was laid down that dowry, if given, was to be treated as a trust in favour
of the bride for whose benefit it is given (sec-6).The offence was made non-compoundable,
non-bailable and non-cognizable under the Act (Sec-8).The Central government
was authorized to make rules for carrying out the purpose of the Act.(Under
Art. 246(2) read with Art. 254(2) of the Indian constitution).
Dowry Deaths and Cruelty Section 498A
Husband or relative of husband of a woman
subjecting her to cruelty. —Whoever, being the husband or the relative of the
husband of a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also be
liable to fine. Explanation.
—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the
woman to commit suicide or to cause grave injury or danger to life, limb or health
(whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand for any property
or valuable security or is on account of failure by her or any person related
to
her to meet such demand.
Section 304B (Dowry Death)
1) Where the death of a woman is caused by any
burns or bodily injury or occurs otherwise than under normal circumstances
within seven years of her marriage and it is shown that soon before her death
she was subjected to cruelty or harassment by her husband or any relative of
her husband for, or in connection with, any demand for dowry, such death shall
be called “dowry death”, and such husband or relative shall be deemed to have
caused her death. Explanation. —For the purpose of this sub-section, “dowry”
shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961
(28 of 1961).
2) Whoever commits dowry death shall be punished with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment
for life.
