In the early days dowry was an institution in which gifts and presents were given to a girl at the time of her marriage when she was required to leave her parents’ home and join her husband’s household. But, in course of time, it turned into a crude institution resulting in female infanticide, suicide, bride-burning and other cruelties.
What is Dowry?
The Dowry system in India includes-
Any kind of demand made by the groom or his family, that involves a direct or indirect “deal” in connection with the wedding, is considered dowry.
This demand can be made before, during, or after the wedding.
It can be cash, valuable security, property or any other favors.
It includes anything that is sought either directly by the groom’s family or indirectly through a third party.
Examples of dowry demands can include things like: ‘We need our mortgage paid, so we can have the money for the wedding,’ or ‘Our younger son has got into medical school and we need his fees paid’ or ‘Find a job for this relative,’ or ‘We need a car so your daughter can live comfortably with us.’
What does not constitute Dowry?
A woman’s Stridhan is considered her personal property and it does not count as Dowry. ‘Stri’ means Woman and ‘Dhan’ means Wealth. So Stridhan is a woman’s property.
Stridhan constitutes:
Any property or gift given to you before, at the time of marriage or later, is your property.
May be gifted by anyone, even in-laws, friends.
You alone have the right to gift or dispose off the property as you desires.
No one else has a right on it.
Anyone who has your Stridhan in his/her custody should return it to you within a stipulated time period.
If the trustee disposes of your property without your permission he will be punished with imprisonment and fine.
You should make a list of the gifts given during or just after marriage. There has to be two lists: one for you and one for your husband. You both should sign it and retain a copy of the list.
How is Dowry Different from Stridhan?
Stridhan is very often mistaken for dowry even when the law has an entirely different definition for it.
Dowry consists of all articles which are given to the groom’s side by the bride’s side in consideration of the marriage, either before or after the marriage.
Stridhan involves all articles given only to you by both the groom as well as the bride’s side, either before or after the marriage.
All the items given to you during any of the rituals of the wedding form a part of the Stridhan. Retention of these items constitute an offence under section 406 IPC
What is the punishment for demanding or taking Dowry?
Section 3 of the Dowry prohibition Act provides that if any person takes or abets, giving or receiving of dowry from you, he shall be punished with imprisonment for 5 years and a fine not less than 15,000 or the value of the dowry received. You can file a Dowry Harassment case in the Metropolitan/District/ Family Court.
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