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Is Modern Dowry Disguised as Gifts?

Modern Dowry: A Persisting Peril Hidden as Gifts

Despite the Dowry Prohibition Act of 1961, the practice of dowry remains widespread in India. In this article, we will explore the question: Is modern dowry disguised as gifts?

Modern Dowry: A New Form

Although the Dowry Prohibition Act of 1961 makes giving and receiving dowry illegal, the practice persists in new forms. In contemporary weddings, the concept of dowry has evolved, and it is now often presented as gifts. This new form of dowry includes changing its name to 'gifts' or 'shagun,' making it appear legally acceptable.

Dowry Prohibition Act of 1961: A Legal Analysis

The Dowry Prohibition Act of 1961 is a significant law aimed at eradicating the dowry system. According to this act, dowry includes any property or valuable security given or agreed to be given directly or indirectly in connection with a marriage. However, despite the legal provisions, the act faces several challenges in its implementation. Here are some key aspects of the act:

  1. Scope of Dowry: Dowry includes any valuable security, which can be in the form of cash, goods, property, or other assets, given directly or indirectly in connection with marriage.
  2. Parties Involved: It is typically given by one party (usually the bride’s family) to the other party (the groom or his family).
  3. Timing of Dowry: It can be given before, during, or after the marriage.
  4. Connection to Marriage: Dowry must be directly linked to the marriage.
  5. Exclusion: For those following Muslim Personal Law, 'dower or mahr' is not included in the definition of dowry.

The Reality of Modern Dowry as Gifts

Modern dowry often takes the form of expensive gifts, which can put immense financial and emotional strain on the bride's family. These gifts, although given under the guise of goodwill, essentially serve the same purpose as traditional dowry, perpetuating gender inequality and financial burdens.

Examples and Impact

  1. Terminology Shift: Instead of openly demanding dowry, terms like "shagun" (auspicious gifts) or "blessings" are used, making it difficult to distinguish between genuine gifts and disguised dowry.
  2. Increasing Expectations: These 'gifts' often include large sums of money, expensive jewelry, and luxury items, creating a competitive and financially burdensome environment.
  3. Burden on the Bride's Family: The financial responsibility falls on the bride's family, risking their future security and well-being.
  4. Maintaining Gender Inequality: The expectation of these gifts reinforces unequal gender roles, portraying the bride as a burden.
  5. Impact on the Bride: This system can lead to psychological and emotional distress for the bride, including domestic violence and harassment.

Landmark Cases

Several landmark cases highlight the issues related to dowry and its disguised forms:

  • S. Gopal Reddy vs. State of Andhra Pradesh: The Supreme Court expanded the definition of dowry to include any substantial exchange related to marriage.
  • Kans Raj vs. State of Punjab and Ors.: This case emphasized the connection between dowry-related cruelty and the subsequent death of the bride.
  • Vishnu vs. State of Kerala: The Kerala High Court clarified that voluntary gifts given during marriage are not considered dowry, highlighting the role of consent.

Moving Forward: Breaking the Cycle

To effectively combat the disguised form of dowry, it is crucial to:

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