THE DOWRY PROHIBITION ACT, 1961

INTRODUCTION

Dowry has been considered a social evil in the society which put great financial burden on the bride’s family and to stop this process of giving or taking dowry in form of money, goods, property this Act was introduced. 

The term ‘dowry’ is wide enough to include all sorts of properties, valuable securities.

1. The Dowry Prohibition Act, 1961 was introduced to prohibit the practice of dowry in India.

2. The Dowry Prohibition Act, 1961 has 10 sections wherein provisions related to dowry, penalties for giving or taking dowry, penalties for demanding dowry, provisions related to the agreement related to dowry, purpose of dowry, power of the State government and further procedures are described and discussed.

HISTORY

The Dowry Prohibition Act, 1961 was enacted on 20th May, 1961 and came into force on 1st July, 1961.

APPLICABILITY OF THE ACT

The Dowry Prohibition Act, 1961 extends to the whole of India. 

The Dowry Prohibition Act applies to persons of all religions in India.

Except this Act, there are various other acts which have the provisions related to dowry. Section 304B of Indian Penal code deals with dowry death, this section provides for the punishment of dowry death.

Further section 113B of the Indian Evidence Act deals with the presumption as to dowry death.

STATEMENT OF OBJECTS AND REASONS

The object of this Bill is to prohibit the evil practice of giving and taking of dowry.

This question has been engaging the attention of the Government for some time past, and one of the methods by which this problem, which is essentially a social one, was sought to be tackled was by the conferment of improved property rights on women by the Hindu Succession Act, 1956.

It is, however, felt that a law which makes the practice punishable and at the same time ensures that any dowry, if given, does ensure for the benefit of the wife will go a long way to educating public opinion and to the eradication of this evil. There has also been a persistent demand for such a law both in and outside Parliament.

Hence, the present Bill. It, however, takes care to exclude presents in the form of clothes, ornaments, etc.,

which are customary at marriages, provided the value thereof does not exceed Rs. 2,000. Such a provision appears to be necessary to make the law workable.

LIST OF AMENDING ACTS

1.The Delegated Legislation Provisions (Amendment) Act, 1983 (Act 20 of 1983) (w.e.f. 15-3-1984).

2.The Dowry Prohibition (Amendment) Act, 1984 (Act 63 of 1984) (w.e.f. 2-10-1985).

3.The Dowry Prohibition (Amendment) Act, 1986 (Act 43 of 1986) (w.e.f. 19-11-1986).

4.The Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019) (w.e.f. 31-10-2019).