DOWRY: A SOCIAL CURSE AND ITS LEGAL REMEDIES
Description
Dowry is a social evil nobody can say from which date that social evil prevail in our society. In ancient time there was eight forms of marriage prevail in our society out of these eight forms of marriage four forms of marriage were approved forms and other four were unapproved forms. In approved forms of marriage gift is given as a symbol of love and affection, with the time the position of gift went on changing adversely and consequently evil dowry spread his branches in the society. To abolish this dowry evil practice on the society from 1961 the Dowry Prohibition Act is in force and later on the amendment takes place in 1986. According to section 3 of D.P. Act any person who takes or gives of abets the giving of dowry is liable to be punished. Accordingly to section4 of the Act discourages the very demand consideration for a marriage between the parties. The India penal code 1860 contains two specific provisions in the form of section 304 B and section 498 A to deal with two distinct offences namely causing of dowry death and subjecting a woman to cruelty for dowry respectively. Section 113 A of the Indian Evidence Act says that when married women commit suicide within a period of seven years from the date her marriage the court may presume that such suicide is abetted by the husband or his relation.
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References
- 1. Manu Smriti, 111.27 2. Vijnaneshwara says that in the presence of brothers the daughter is precluded and her claim in the daya consists of marriage expenses and dowry amounting to a fourth part of the share which is allotted to brother, II, I, 5, 29 3. RajgopalaIyer v. Venkataram, (1947) 2 MLJ 37 (PC) 4. Ram Chandra V. Seenithal, AIR 1954 Mad 1011 5. Section 2 of the Dowry Prohibition Act. 6. KunjuMoideen vs. SayedMohd. AIR 1986 Ker 48 (40) 7. AIR 1998 SC 958 8. Section 3 9. Section 4 10. AIR 1998 SC 26 28 11. (1994) I.D.M.C. 356 12. InderSen v. State, 1981 Cr L J 1116 (Del) 13. Section 8 (1) 14. Section 8 (1) (ii) 15. Section 8 (2) 16. Ibid. They have been made non-bailable to the amending Act of 1986 17. Section 5 18. Kailash V. State of M.P. (2006) 11 SCC 420 19. WazirChand v. State of Haryana 1989 J.I.C. 248 SC. 20. Public Prosecutor, High Court of Andhra Pradesh v. TotaBasavaPunnaiah and others 1989 Cr. L. J. 2330. (Andhra Pradesh) 21. Shankar Prasad V. S State 1991 Cri L. J. 639 Cal. 22. 2006 Cri.L.J. 1710 23. (1994) 2 SCC 40 24. AIR 1997 SC 2465, (1997) 5 SCC 30 25. VungoralaYedukondalu V. State of Andhra Pradesh, 1988 Cr.L.J. 1538 (A.P.) Held Sec 498-A I.P.C applies even where person inflicts such cruelty and harassment as to lead hismistress to commit suicide.