Dowry Prohibition Act of 1961
The Dowry Prohibition Act of 1961 was enacted to tackle dowry-related problems, but the practice of ``bride burning`` and dowry deaths continued. To combat this, stricter measures were introduced through amendments to the Indian Penal Code and the Evidence Act.
Dowry is the act of directly or indirectly giving property or valuable security before or after marriage. It can be provided by one party involved in the marriage or by the parents of either party. However, the definition excludes "Mehr," which is given in Muslim marriages. Dowry death is defined in Indian penal code as the death of a woman within seven years of marriage, caused by burns, bodily injury, or other unnatural circumstances, and linked to cruelty or harassment for dowry. Cruelty includes wilful conduct likely to drive a woman to suicide or cause harm to her physical or mental health.
The Dowry Prohibition Act was enacted to curb dowry deaths, but its objectives were not fully achieved. Subsequent amendments were made to extend the definition of dowry and introduce provisions such as Section 304-B and Section 498-A of the Indian Penal Code. These amendments aim to protect married women and impose stricter penalties. In dowry death cases, the concept of "deemed dowry death" was introduced, holding the husband or relatives responsible. However, the burden of proof lies with the prosecution to establish the essential elements of a dowry death.
Mental cruelty and harassment are also considered forms of cruelty within the context of dowry-related offenses. It clarifies that the burden of proof lies with the accused to refute the allegations. Section 8-A of the Dowry Prohibition Act places the burden of explanation on individuals accused of taking or abetting dowries. Additionally, the Indian Evidence Act includes a presumption of dowry death when cruelty or harassment for dowry is established.
