Dowry prohibition and law a socio legal study

Abstract

The custom of dowry originated with the institution of marriage and ultimately changed to an evil practice which gave birth to several offences like; offences related to dowry, cruelty, abetment to suicide and dowry deaths, female foeticide, domestic violence etc. The custom of dowry was present in several countries and under various civilizations since inception. But its origin from ancient times to medieval times, its growth during British era and rise after independence has created a huge menace in India. Various laws are enacted in India to curb the menace of dowry like; Dowry Prohibition Act, 1961, provisions related to dowry in; Indian Penal Code, Criminal Procedure Code, Indian Evidence Act, Hindu Law and Domestic Violence Act. But the latest data of the NCRB, many landmark judgments as well as the empirical survey have indicated that these laws are unable to curb its menace. The present study has shown that lack of social will is the major impediment in the effective implementation of laws related to dowry prohibition. The research is based on review of existing literature, statutes, reports, policies etc and the empirical survey in district Kangra and district Shimla of Himachal Pradesh. The various other lacunas in the laws, functioning of police and other practical challenges in administration of justice in dowry related cases are also discussed. The various suggestions to overcome the impediments and lacunas in the effective implementation of laws related to dowry prohibition are given. newline