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BY 
RAHEEMA A.V 
LLM – 
SECOND YEAR ,GLC THRISSUR
 Enactment of Dowry Prohibition Act 
 Failed to curb the evil system 
 Practicing through the country 
 Symbol of high social prestige and rank 
 The Act amended twice 
 First in 1984 – Basic changes 
Secondly in 1986 – Punishment 
 The tendency of people to legislating an Act 
signifies their onward trend towards civilization 
 Need of the society to analyze the Act
 Valuable consideration 
 Practice of Dowry under different names 
 Manu in his scriptures abhorred the practice 
 Dowry in any form not sanctioned by Hindu 
religion 
 Presents of stridhan considered as part of 
sacred culture 
 Stridan for economic security 
 Women has complete jural right
 Before Independence 
 Province govt. of Sind 
 To deal effectively with dowry 
 Provision for prohibiting giving and taking of 
dowry 
 Prescribed limits 
 Could not create the desired effect
 The transition of bride price to dowry – 
signifies social change in the field of marriage 
 Dowry is an economic burden 
 Promoted girls intanticide 
 Enacted Medical Termination of Pregnancy Act 
1971 
 Decreasing economic participation is an a 
reason 
 Marriage settlement 
 Education bad effect
 Considering dowry as a share in the family 
property 
 Advert of Hindu Succession Act – make the 
agreement as baseless
 Popularity of dowry increased 
 Old concept of marriage changed to 
commercial concept 
 Age of marriage also increased dowry system 
 Girls were compelled to commit suicide 
 Crimes increased
 Works of social reformers 
 Effect of the reaction –SIND – DETI –LETI Act 
1939 
 Clause 1 sec : 93 of Hindu Code Bill 
 Both attempt dowry was not prohibited 
 State enactment
DOWRY PROHIBITION ACT - 1961
 Sec : 2 defines dowry 
 Only excludes dower 
 Prohibit giving and taking of dowry 
 Abetment or demand of dowry are punishable 
 Equally applicable to all community
 Dictionary meaning is different from given in the 
Act 
 Nothing is to be treated as dowry unless it is 
shown have been given as consideration 
 Not prescribed any limit on expenses of marriage 
 As consideration of marriage was substituted 
word in connection with marriage 
 New definition excluded the wedding presents 
 It is not possible to determines what constitute 
wedding presents
 Demanding Dowry 
 Taking , giving , abetting 
 Dowry Death 
 Cruelty by husband and relatives – sec : 498 A
 Absence of any proper and effective 
enforcement agency
 Sec : 2 definition of Dowry 
 Lack of enforcement machinery 
 Spread of education does not change the mind 
of people
 Compulsory registration of marriage 
 Social awareness program 
 Inclusion of educational material in the text book from primary class 
 Promotion of the inter-cast marriage 
 Banning of pro-marriage ceremony 
 Restriction on expenses 
 Declaration by govt. servants 
 Investigation of cases 
 Reservation for women 
 Free legal aid to victims 
 Family Court 
 Equal rights to Son & Daughter 
 Common Civil Code 
 Restriction on divorce 
 Conviction of offenders 
 Punchayath should take initiative 
 Progress in the activities of women’s commission
 Need of the society to eradicate the social evil 
 Effective law 
 Effecting enforcing machinery 
 Rigorous punishment

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Presentation on critical analysis on dowry prohibition act

  • 1. BY RAHEEMA A.V LLM – SECOND YEAR ,GLC THRISSUR
  • 2.  Enactment of Dowry Prohibition Act  Failed to curb the evil system  Practicing through the country  Symbol of high social prestige and rank  The Act amended twice  First in 1984 – Basic changes Secondly in 1986 – Punishment  The tendency of people to legislating an Act signifies their onward trend towards civilization  Need of the society to analyze the Act
  • 3.  Valuable consideration  Practice of Dowry under different names  Manu in his scriptures abhorred the practice  Dowry in any form not sanctioned by Hindu religion  Presents of stridhan considered as part of sacred culture  Stridan for economic security  Women has complete jural right
  • 4.  Before Independence  Province govt. of Sind  To deal effectively with dowry  Provision for prohibiting giving and taking of dowry  Prescribed limits  Could not create the desired effect
  • 5.  The transition of bride price to dowry – signifies social change in the field of marriage  Dowry is an economic burden  Promoted girls intanticide  Enacted Medical Termination of Pregnancy Act 1971  Decreasing economic participation is an a reason  Marriage settlement  Education bad effect
  • 6.  Considering dowry as a share in the family property  Advert of Hindu Succession Act – make the agreement as baseless
  • 7.  Popularity of dowry increased  Old concept of marriage changed to commercial concept  Age of marriage also increased dowry system  Girls were compelled to commit suicide  Crimes increased
  • 8.  Works of social reformers  Effect of the reaction –SIND – DETI –LETI Act 1939  Clause 1 sec : 93 of Hindu Code Bill  Both attempt dowry was not prohibited  State enactment
  • 10.  Sec : 2 defines dowry  Only excludes dower  Prohibit giving and taking of dowry  Abetment or demand of dowry are punishable  Equally applicable to all community
  • 11.  Dictionary meaning is different from given in the Act  Nothing is to be treated as dowry unless it is shown have been given as consideration  Not prescribed any limit on expenses of marriage  As consideration of marriage was substituted word in connection with marriage  New definition excluded the wedding presents  It is not possible to determines what constitute wedding presents
  • 12.  Demanding Dowry  Taking , giving , abetting  Dowry Death  Cruelty by husband and relatives – sec : 498 A
  • 13.  Absence of any proper and effective enforcement agency
  • 14.  Sec : 2 definition of Dowry  Lack of enforcement machinery  Spread of education does not change the mind of people
  • 15.  Compulsory registration of marriage  Social awareness program  Inclusion of educational material in the text book from primary class  Promotion of the inter-cast marriage  Banning of pro-marriage ceremony  Restriction on expenses  Declaration by govt. servants  Investigation of cases  Reservation for women  Free legal aid to victims  Family Court  Equal rights to Son & Daughter  Common Civil Code  Restriction on divorce  Conviction of offenders  Punchayath should take initiative  Progress in the activities of women’s commission
  • 16.  Need of the society to eradicate the social evil  Effective law  Effecting enforcing machinery  Rigorous punishment