Critical Analysis Of The Dowry Prohibition Act, 1961 - Successes, Failures, And Future Directions
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CRITICAL
ANALYSIS
OF THE DOWRY PROHIBITION ACT, 1961: SUCCESSES, FAILURES, AND FUTURE DIRECTIONS
Karuna Sindhu, Advocate, Jharkhand High Court, Ranchi
ABSTRACT
The Dowry Prohibition Act,19611 is indeed a legislative response to Article 15(3) of the Indian Constitution which allows State to make special provisions for women and children2, and international obligations under various conventions. 3 The Act aims to eradicate the entrenched practice of dowry, protecting women from dowry harassment and related offences. Despite the laudable objectives, the Act’s implementation has been marred by dual challenges- the persistence of dowry practices in society, as evidenced by various reports and everyday observations; and the rising incidence of false cases filed under the Act. This paper aims to critically analyse the Act, with a special focus on the real challenges faced by victims of dowry and related offences, in enforcing the rights given under the Act or seeking shelter under its provisions.
It examines the Act’s successes, failures and future directions, seeking to inform strategies that will enable the Act to achieve its noble goal of eliminating dowry from Indian society. The paper also examines the issue of false cases filed under the Act, aiming to prevent the misuse of the Act by filing false cases against innocent husbands and their families.
1 Act No. 28 of 1961
2 Article 15(3) of The Constitution of India
3 The Convention on the Elimination of All Forms of Discrimination Against Women, adopted in 1979; Universal Declaration of Human Rights, 1948
Introduction
Dowry, a centuries-old practice in India, involves the transfer of cash, kind or other forms of valuables, from the bride’s family to the groom’s family in consideration of marriage. This ageold practice has severe consequences, impacting not only the woman and her family but also society as a whole. To combat the evils of dowry, the Indian Parliament enacted the Dowry Prohibition Act4 in 1961, making the giving, taking and demanding of dowry a punishable offence. Despite this legislation, various data reveals a disturbing trend: dowry-related atrocities, including dowry deaths, continue to rise alarmingly, while cases involving the misuse of this Act are also on the increase. This paradox raises critical questions about the effectiveness of the Dowry Prohibition Act,
1961 in protecting women from dowry-related offences. It is the high time to critically analyse
this legislation, examining its successes, failures and loopholes and further to recommend future directions for improvement in the Act. This paper aims to undertake this critical analysis, providing a comprehensive examination of the Dowry Prohibition Act and its impact on Indian society. Overview of the Act To eradicate evil system of dowry, Dowry Prohibition Bill was introduced in the Parliament on
24 April, 1959. After the discussion on the Bill in joint sitting of both the Houses of the
Parliament, convened for this purpose, the Dowry Prohibition Act, 1961 came into force with effect from 1 July, 1961. The Act contains ten sections, with the object of prohibiting the giving or taking of dowry. Till now, the Act has been amended twice in the year 19845 and 1986.6 Section 2 of the Act defines Dowry as “any property or valuable security given or agreed to be given, directly or indirectly, by one party to the other party of the marriage, in connection with the marriage of such parties.” However, the definition of dowry excludes- dower/mahr given
4 Act No. 28 of 1961
5 Act No. 63 of 1984
6 Act No.43 of 1986
under Muslim Personal Law (Shariat) Application Act, 19377; and voluntary presents, given to the bridegroom during marriage. The proviso to section 3 of the Act mandates to enter such presents in a list maintained under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 19858, as a part of Dowry Prohibition (Amendment) Act, 1984. 9 Section 3 of the Act prescribes penalty for giving, taking or abetting the giving or taking of dowry. The punishment shall not be less than five years and the fine shall not less than fifteen thousand rupees or the amount of such dowry, whichever is more. Section 4 deals with the penalty for demanding dowry.
Under this, if a person demands directly or indirectly any dowry from the parents or other relatives of the bride or bridegroom then he shall be punished with imprisonment, not less than six months but which may extend to two years and fine upto ten thousand rupees. Section 4A punishes any person who offers dowry as consideration for the marriage of his son, daughter or other relative, through advertisement, with imprisonment not less than six months but which may extend to five years or with fine upto fifteen thousand rupees. Any agreement which is made for giving or taking dowry is considered to be a void agreement by virtue of Section 5 of the Act. Section 6 requires that if any dowry is received by any person other than the bride then such person shall transfer it to the bride and if the bride dies before receiving such dowry, then it will be transferred to her heirs.
If such person fails to give the dowry amount to the bride or her heir then he will be punished with imprisonment and fine. Cognizance of the offences under this Act shall be taken by any court not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate, First Class on its own knowledge or a police report or a complaint by the aggrieved person or a parent or other relative or by any recognised welfare institution or organisation. 10 All offences under the Act are cognizable , non-bailable and non-compoundable. 11 According to section 8A of the Act, husband and his family shall have the burden to prove their innocence if allegation is made against them under section 3 or
7 Act No. 26 of 1937
8 w.e.f. October 2, 1985
9 Act No. 63 of 1984
10 Section 7
11 Section 8
4 of the Act. For carrying out the object of this Act Central government12 and the State
government13 has power to make rules. The State government also has power to appoint Dowry Prohibition Officers14 to deal with the dowry related issues. Critical Analysis of the Act: Successes and Failures The Dowry Prohibition Act, 1961 is indeed a landmark legislation aimed at eradicating the dowry system in India. However, it is high time to analyse the impact of this Act in abolishing the evil of dowry, its successes and failures. To access the impact, success and failure of the Act, it is essential to examine the data. As per the information of NCRB, the number of cases instituted under the Act during 2018, 2019 and 2020 are 12826,13307 and 10366 respectively. 15 This data suggests a gradual decline in the dowry-related reportable cases. However, a staggering number of cases are still being filed under this Act.
This indicates that despite some marginal success, the Act has largely failed in eradicating dowry from the society. The fact that dowry remains rampant is a stark reminder of the challenges that lie ahead. Moreover, it is crucial to note that these numbers only represent reported cases. The actual extent of dowry-related crimes is much higher, as many cases go unreported due to fear, social pressure or lack of awareness. This underscores the need for a more effective and comprehensive approach in tackling the dowry menace. This also emphasize the need to critically analyse the Act to identify its flaws and probable solutions. By doing so, policymakers and lawmakers can work towards strengthening the legislation, addressing its shortcomings and ensuring that it effectively serves its purpose of eradicating dowry from Indian society.
Flaws Under The Act There are indeed some flaws under the Dowry Prohibition Act, 196116, because of which the practice of dowry is still prevalent all over India, even after the passing of more than six decades since the enactment of this Act. Some notable flaws under the Act includes: -
12 Section 9
13 Section 10
14 Section 8B
15 https://pib.gov.in/PressReleasePage.aspx?PRID=1780110 (last visited March 20, 2025)
16 Act No. 28 of 1961
Difficulty In Proving Dowry One of the primary flaws under the Act is that although dowry has been made a punishable offence under the Act, it is difficult to prove that the dowry was given in consideration of marriage as the families often disguise dowry as voluntary gift or present which is allowed to be given at the time of marriage. This loophole allows perpetrators to exploit the lack of clear evidence, making it challenging for authorities to prove that dowry was given as a consideration for marriage and not given as voluntary gift. • The Silence Syndrome: Challenges in Reporting and Enforcing the Rights Under The Act Although the Dowry Prohibition Act clearly states that any property or valuable security given “at, before or anytime after the marriage” constitute dowry and thereby punishable under the Act, there is a significant hurdle in implementing this provision.
When dowry is demanded “before marriage”, the bride or her family members often hesitates to file a case against the groom and his family who are demanding dowry. This reluctance stems from the fear of social repercussions. If they file a case, the fact becomes public, and instead of receiving support from the community, they face opposition. Many people, including girls and their families, may ostracize them, making it challenging for the proposed bride to find a suitable match in the future. This social stigma and fear of repercussions often silence the bride’s family and thereby allowing the dowry demands to go unchecked. Moving on the scenario “at the time of marriage”, the dowry system is so ingrained and widely accepted by both the bride’s and groom’s families that they rarely speak out against it.
Even if they want to protest, knowing that taking and demanding dowry is a cognisable offence, fear keeps them silent. In many cases, families are forced to take loans to fulfil the exorbitant demands of the groom’s family, and this perpetuates a cycle of debt and financial hardship. The social pressure to conform to this expectation is overwhelming, and the fear of social ostracism or reputational damage keeps them from reporting the offence. This culture
of silence and complicity enables the dowry system to thrive, making it challenging to eradicate. Now, considering the scenario “after marriage”, the law clearly states any dowry given after marriage is also a punishable offence. However, in many cases, the bride or her family remain silent, often until a tragic event occurs. Women are frequently conditioned to believe that they must tolerate the exploitation and harassment inflicted by their husband’s family. This societal conditioning can lead to a culture of silence and endurance, where women suffer in silence rather than seeking help under this Act or under Protection of Women from Domestic Violence Act, 200517. Furthermore, families often hesitate to file a case, fearing that it may strain their daughter’s relationship with her in-laws.
This concern for maintaining family harmony can lead to a reluctance to report dowry-related offences, even when they occur after marriage. This reluctance to report offences, combined with the societal pressure to maintain family harmony, creates a significant challenge in enforcing the law and protecting women from dowry-related harassment and exploitation. The above explanation clearly highlights how the law falls short in addressing the issue, and victims, despite being aware of their rights, remain silent spectators until a catastrophic event occurs, shattering their lives forever in the form of dowry death or any other violence has happened to the victim.
• Inadequate Penalties Considering the gravity of the offence, the penalty prescribed is not stringent enough to cause deterrent effect of the penalty and discourage the potential offenders from engaging in dowry related offences. • Lack of Strict Monitoring Section 4A of the Act, inserted by an amendment in 1986, bans advertisement promoting dowry, with the object to tackle the commercialisation of dowry-related
17 Act No. 43 of 2005
transactions. However, the effectiveness of this provision demands strict enforcement and monitoring of the media and advertising platforms. • Potential to Misuse Section 8A of the Act shift the burden of proof on the accused, presuming him guilty until proven otherwise. This provision acts as a double-edged sword. On one hand, it empowers victims to seek justice by punishing offenders, which is a positive step. On the other hand, it also inadvertently encourages the filing of false cases, which can lead to the harassment and defamation of innocent husbands and in-laws. This can cause them significant physical, mental and reputational harm. • Non-appointment of the Dowry Protection Officers Under the Act, the Dowry Prohibition Officer has been given crucial role in monitoring and implementing the Act. However, in practice, the appointment of Dowry Protection Officer is often neglected.
Minimal appointment leads to inefficiencies in implementation. These are some of the flaws under the Act. Apart from these legislative shortcomings, there are several other factors which are responsible for perpetuating the dowry system and hindering the efforts to eradicate it. Other Factors Beyond Legislative Flaws Despite the enactment of the Dowry Prohibition Act,1961 which aims to eradicate the practice of dowry by making it a punishable offence, the legislation has fallen short of achieving its objective. It has been more than 60 years since the passing of the Act along with amendments in the Act twice, to address the emerging challenges and strengthening the law, the dowry system remains deeply entrenched in our society.
The persistence of dowry can be attributed to various extraneous factors that continue to perpetuate this practice, rendering the legislation ineffective in achieving its intended goal. Those factors are: - • Social Pressure and Expectations- the societal expectation of paying dowry remains deeply ingrained, with families feeling pressured to provide dowry to ensure their daughter’s marriage and social acceptance.
Cultural and Traditional Values- dowry is often seen as a cultural and traditional practice, passed down through generations. Changing these deep-rooted values and customs remains a significant challenge. • Lack of Education and Awareness- limited or no knowledge and awareness about the illegality of dowry and the availability of legal recourse options contributes to the perpetuation of this practice. • Patriarchal Mindset- the deep-seated patriarchal mindset, which views women as inferior, is one of the most important factors which contributes to the persistence of dowry and other forms of gender-based violence. • Lack of Empowerment of Women- the limited economic and social empowerment of women along with little or no knowledge about their rights, make them vulnerable to dowry demands and exploitation.
These factors, among others, highlight the complexity of the issue and the need for a multifaceted approach to eradicate dowry. Future Directions As the Dowry Prohibition Act continues to evolve, it is essential to identify areas for improvement and chart a course for future progress. Despite the successes and challenges faced by the Act, there are much work to be done to eradicate the scourge of dowry from the Indian society. This section outlines potential future directions for strengthening the Act which can play a very crucial role in ultimately making a dowry-free India. These potential directions are- • Strengthening the Enforcement of the Act To ensure effective implementation of the Act, every provision of it should be followed in its true letter and spirit. This requires a collaborative effort from law enforcement agencies, judiciary and society at large.
Enforcement of law is the primary function of the Executive in the government’s three tier system. But it is ironic and disheartening to see that some individuals in prestigious positions, like IAS or PCS officers accept high dowry offers for marriage under the guise of gifts. They set bad examples in the society. When officials in prestigious positions accept dowry then it undermines the
effectiveness of the Act and promote a culture of dowry demands. Strict actions need to be taken against such officers. Their character should be such that people consider them their role models and follow their path which definitely goes against dowry. Further, regular appointments of Dowry Prohibition Officers should be done, vacancies should be filed promptly and they should be given necessary training and resources which will help them in preventing dowry demands and harassments. They should be empowered to conduct regular checks, monitoring wedding expenses and provide support to the victims. Dedicated anti-dowry cells should be established to investigate dowry related complaints and take swift action against perpetrators and ensure that they are held accountable.
The combined efforts of law enforcement agencies, courts and active participation of the society will assist in strengthening the enforcement of the Act. • Amendments in the Act To strengthen the Act and thereby eradicating dowry system from India, some amendments can be considered. Like- to cause deterrent effect of law in the society, amendment should be made to award stricter punishment to the perpetrator. Unlike the current system, Dowry Prohibition Officers should be appointed districtwise to ensure direct supervision and effective implementation of the Act. An amendment in this regard can also be made. The present Act requires to make a list of presents given at the marriage.
But in practice, no such list is made and even if they are made then also bride and groom’s family circumvent the rigour of the Act by mentioning all the dowry items as “presents” given at marriage “without any demand”. To deal with this situation, amendment can be made to fix the maximum limit of presents which can be given at the wedding. This will ensure on one hand the maximum extent beyond which gifts cannot be made at marriage and on the other hand, even if dowry is given under the guise of gift, then also such dowry cannot be given unlimited, it would have maximum permissible limit beyond which no dowry, even under the guise of gift, can be given. And, such amendment should also include severe punishments for violating this rule. To some extent, it will regulate the dowry system in India.
Amendment can also be made for capping the marriage expenditure to prevent extravagant spending and promote simplicity. Since now a days dowry is also taken for lavish display of wealth at the marriage, so this amendment has potential to indirectly regulate dowry by limiting the marriage expenditure which indirectly set the maximum permissible limit of dowry, in case the dowry is demanded and given in the form of bearing the marriage expenses of both the parties. • Multifaceted Approach to Empowerment Empowerment is crucial to eradicate the dowry system. This can be achieved through: Individual- level empowerment To effectively combat the dowry system and dowry harassment, it is very essential for individuals to be aware of their rights and the laws which protect them and help them in making informed decisions.
Knowledge of the law empowers individuals to: -recognize and report dowry demands and harassment; -seek protection and justice under the law; -make informed decision to resist dowry pressures; -support others who may be victims of dowry harassment. Furthermore, economic independence is crucial for women to break free from the cycle of dowry. By being financially self-sufficient, women can: -reduce their vulnerability to dowry demands; -make choices without being coerced by financial pressures; -assert their autonomy and dignity; -become role models for others and promoting a societal transformation that Rejects dowry system. Community/Societal-level empowerment Unity is strength and therefore collective action can be a powerful tool in eradicating dowry.
If the entire society, particularly the bridal community, comes together to boycott dowry-related offences then it can have a profoundly positive impact. By refusing to give dowry, brides and their families can send a strong message that this practice will no longer be tolerated. As a result, grooms’ families will be left with no choice but to abandon their dowry demands because like the brides’ families, grooms’ families are also under social pressure to get their sons or relatives married. If all brides’ families refuse to give dowry, grooms’ families will be compelled to reconsider their demands and prioritize the marriage instead. This collective action can significantly reduce dowry demands and harassment.
When a community comes together to support every woman, regardless of her background or relationship, it puts pressure on husbands and their families to relinquish their expectations of dowry. Through unity and collective action, we can create a society where dowry is no longer a burden or a source of harassment for women. Cultural Empowerment Many individuals, particularly in rural India, people (bridal families) feel compelled to give dowry due to a misconception that it is an essential part of their cultural heritage. However, it is essential to educate them that the dowry system was not an inherent part of ancient Indian culture, but rather a practice that evolved over time. Raising awareness about the true cultural heritage and encouraging people to question and challenge exploitative social norms can empower them to break free from the dowry system.
By promoting critical thinking and cultural literacy, we can help individuals make informed choices and reject practices that perpetuate inequality and exploitation. • Proper Listing of Presents Given at Marriage The Act under the proviso of section 3 mandates the creation of a list documenting all presents given or exchanged during marriage. However, in practice, this provision is often neglected. A potential future direction for the Act could be to ensure strict adherence to this provision, making it mandatory for both parties to maintain a detailed record of gifts given or exchanged. This record would serve as valuable evidence for both the bride’s and groom’s sides. For the bride’s side, this record would provide proof of the gifts given to the groom’s family, enabling them to seek justice in case of future dowry-related disputes.
Specially, it would allow them to: -demonstrate that certain properties or items were indeed given to the groom’s family; -seek punishment for the groom’s family if they are found to have taken dowry; -ask to return the gifts givenfor the groom’s side, this record would be useful in: -defending against false dowry cases; -proving that certain items were not received; -returning dowry items to the bride’s family. By emphasizing the importance of maintaining a detailed record of gifts given or exchanged, the Act can provide greater clarity and protection for both parties involved in the marriage. Additionally, it will help counter the growing misuse of the Act, where false cases are filed against innocent grooms and their families.
This measure will: -prevent false accusations and harassment of innocent individuals; -reduce the number of frivolous cases clogging the judicial system; -ensure that the Act is used in the spirit it was intended – to protect women from dowry harassment, rather than as a tool for blackmail or revenge.
This move along with implementing a ceiling limit on marriage expenses (discussed above), can help in regulating the dowry system. Even if eliminating dowry entirely proves challenging, setting a maximum permissible limit for dowry can help curb excessive demands. This limit can apply to dowry disguised as ‘voluntary gifts’ or those given under the pretext of bearing whole marriage expenses. • Preventing Misuse of the Act In addition to the above measures, to prevent the misuse of the Act, the legal framework should shift from the presumption of guilt of the accused until proven otherwise, to the principle of preponderance of probability. This means that the accused should be considered innocent until the prosecution can establish a probability of guilt which the accused failed to disprove, rather than presumed guilty from the very outset of the case.
This nuanced approach will help strike a balance between protecting women’s rights and preventing false accusation. • Leveraging the Role of NGOs and Civil Societies In the 21st century, NGOs and civil societies play a vital role in driving social change. To combat the dowry system, they must actively: -raise awareness and voice opposition to dowry practices; -provide comprehensive support to victims, including counselling and legal aid -assist in filing cases related to dowry and cover litigation costs; - advocate for policy reforms and stricter enforcement of this Act and other anti dowry laws under different statutes like, Prevention of Domestic Violence Act, By leveraging their expertise, resources, and community connections, NGOs and civil society can help in creating a society where dowry is unacceptable and victims receive the support they deserve.
To maximize impact, NGOs, civil societies and other organizations should adopt grassroot approach, proactively functioning at the district level across the country. This entails: - establishing a strong presence in every district; - building partnerships with local communities, authorities and stakeholders; - mobilizing public opinion and awareness against dowry practices; - providing accessible support services, including counselling, legal aid and shelter; - collaborating with local authorities to ensure effective implementation of this Act and other anti-dowry laws. By working from the ground, NGOs and civil societies can create a nationwide movement that brings about lasting change and eradicates the dowry system. • Harnessing Technology to Eradicate Dowry To achieve the objective of this Act, it is imperative to leverage technology to its fullest potential.
The future course of action should involve: -utilizing technology for online reporting of dowry-related offences, and thereby ensuring ease, accessibility and promptness; -employing technology to gather and preserve evidence, including electronic evidence, to aid in investigations and prosecutions; -developing and implementing digital tools and platforms to raise awareness and educate public about the evil of dowry, provide support and counselling services to victims, and facilitate collaboration and information-sharing among law enforcement agencies, NGOs, and other stakeholders. By embracing technology, we can enhance the effectiveness of the Act, improve enforcement, and ultimately create a society where dowry is unacceptable.
Anonymous Reporting of Dowry Related Offences: To encourage victims and witnesses to come forward without fear of reprisal, an anonymous reporting mechanism should be established. This would: -allow individuals to report dowry-related offences without disclosing their identity; -provide a secure and confidential reporting platform, such as an online portal or a dedicated platform; -ensure that all anonymous reports are thoroughly investigated and followed up on. By facilitating anonymous reporting, we can increase the number of reported dowryrelated offences, provide a safer and more supportive environment for victims and witnesses, and strengthen our efforts to prevent and combat dowry-related offences.
• Broadening the Scope of Complaint Filings Since dowry is a crime against society, it is essential to extend the principle of locus standi to enable any responsible citizen to file a complaint in this regard. Currently, only certain individuals, such as the victim and her relatives, are permitted to do so. By broadening the scope of complaint filings, any aware citizen can report the instances of giving, taking, agreeing to give or take, or abetting dowry. This extension of locus standi would ensure that: - Even if parties to the marriage do not file any case or raise their voice dowry against dowry, a concerned citizen can report the matter; - Provide an option for citizens to maintain anonymity or reveal their name while reporting the incident; - Foster a sense of community responsibility in combating dowry-related offences.
This proactive approach would help in creating a culture where dowry is unacceptable and citizens feel empowered to take a stand against it. • Government Commitment and Proactive Measures Enacting law is not sufficient for eradicating the century-old practice of dowry. For this, the government must demonstrate unwavering commitment and take proactive measures.
While NGOs, civil societies and other organizations play a vital role in spreading awareness, the government must also: -popularize the Dowry Prohibition Act by educating the public about the Act’s Provisions, benefits and consequences of non-compliance; -launch social media campaigns by leveraging social media platforms to raise Awareness, share inspiring incidents and promote a dowry-free society; -utilize various media channels, such as television, radio, print media and using impactful visuals, to broadcast anti-dowry messages; -collaborate with social media influencers, thought-provoking leaders and community champions to amplify anti-dowry messages; -create informative brochures, posters and booklets to distribute in schools, colleges, and community centres; -host events, workshops and seminars to engage the public in promoting a dowry-free culture.
By taking these proactive measures, the government should demonstrate its commitment towards eradicating dowry and create a society where this evil has no place. By implementing these measures, the future direction of the Dowry Prohibition Act can be driven towards achieving its intended purpose. Successful implementation of these measures will ensure that the Act achieves its ultimate goal: ‘a dowry free society. ’
Conclusion
Enactment of Dowry Prohibition Act, 1961 was indeed a significant milestone in India’s journey towards making it, a country free from century-old practice of dowry, which is also practiced in other countries as well. This social evil has hindered the country’s multi-faceted development and counter to its efforts to empower women. Although, the Act was introduced with a very noble intention of eradicating the practice of giving and taking dowry, various reports18 (like-NCRB data) indicate that despite a gradual decline in reported cases, an alarming number of dowry-related offences continue to occur. Furthermore, this data only scratches the surface, as it does not account for unreported cases of dowry harassment. This stark reality underscores the Act’s limited success and major failure in achieving its intended objective.
Historically, the practice of dowry was absent in ancient Indian culture. Instead, the concept of “streedhan” (gifts given to the bride) and “vardakshina” (gifts given to the groom) existed, which were voluntary in nature and based on the free will of the marrying parties. However, with the evolution of societal norms, influenced by invasions and cultural shifts, the practice of dowry emerged as a means of providing financial security for women. Over time, the trend of dowry transformed, becoming an essential practice to be followed for marriage, rather than a voluntary gesture19. This shift has had far-reaching consequences, perpetuating a system that commodifies women and perpetuates gender-based violence.
Critical analysis of the Act reveals several flaws which hinder successful implementation of this Act, like- difficulty in proving dowry demands, irregular or no appointment of Dowry Prohibition Officers, and other issues, which has been elaborated upon earlier. These limitations, coupled with other factors like- social pressure, traditional practice, lack of education, patriarchal mindset, economic dependency of women, have collectively contributed in the persistence of dowry, thereby undermining the Act’s effectiveness in eradicating this deep-seated social evil. This paper proposes several measures for future direction to address the existing flaws,
18 https://pib.gov.in/PressReleasePage.aspx?PRID=1780110 (last visited March 20, 2025)
19 Pankaj Kumar Singh, Neha Sharma. Causes & Effect of Dowry on Indian Social System. International Journal of Early Childhood Special Education. Volume 14, Issue 01,2022, Pages 4236-4244 including- amendment of the Act to strengthen its provisions and enhance its effectiveness; compulsory maintenance of a proper record of presents given during marriage, to distinguish between voluntary gift and coercive dowry demands; fixation of a maximum permissible limit for marriage expenses, to curb extravagant spending and reduce the financial burden on families. These recommendations aim to revitalize the Act’s original intent and provide a more robust framework for combating the dowry menace. The paper also highlights the potential misuse of the Act by falsely implicating innocent husbands and their family members and proposes measures to regulate the dowry system.
One such measure is making a proper list of presents given at the time of marriage, along with fixing a ceiling limit on marriage expenses. These measures serve dual purposes. Firstly, they prevent the misuse of the Act by instituting false dowry cases against husbands and their families, as all gifts will be duly recorded. This record-keeping also empowers women victims by providing concrete evidence of dowry payments, enabling them to reclaim their rightful possession in case of future disputes. Secondly, these measures mark a significant step towards regulating the dowry system, acknowledging the complexities and challenges involved in eradicating this deep-rooted practice once and for all, thereby laying a strong foundation for uprooting the dowry system probably in the next step.
In today’s rapidly evolving world, the persistence of the dowry system in India remains a glaring anomaly. However, through concerted efforts by stakeholders, including the government, law enforcement agencies, civil societies, NGOs, and the general public, the future trajectory of the Act can be steered towards realizing its noble objective. Shaping the future direction of this Act will require sustained collaboration, innovative strategies, and unwavering commitment to social justice. This endeavour will necessitate, among other things, collaboration and diligent adherence to the suggested measures to overcome the shortcomings, and ultimately transforming the Act to a resounding success in achieving its primary objective of eradicating dowry, rendering it a relic of the past, must like the abolished practice of Sati system. 20 20https://timesofindia. indiatimes.
com/readersblog/ajayamitabhsumanspeaks/dowry-system-why-raja-rammohan-roy-is-needed-again-51217/ (last visited March 20, 2025)