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मराठी कॉर्नर सभासद

Friday, November 20, 2009

Dowry

Dowry

In spiritual India even after so many years of Independence, the real parents does not like the birth of female child, due to the expenses incurred out of daughter’s marriage and payment of dowry. The first word they utter as to why she came in their life and destiny. On one hand we worshipped KALIMATA, JAGDAMBA, EKVIRA, AMBABAI, TULJABHAWANI, JAGANMATA, and on the other hand we ridiculed the birth of female child. For how many days, we are supporting this dual social life style. Unfortunately, in this respect, the females in India are more aggressive than the males.

Basically, the girls themselves desire that their parents must pour the money in their marriage extravagantly and pay huge dowry. What happened if it so made? Such expenses are incurred for only once? They easily forgot that, after marriage they pour more and more money every month, every year, in her groom’s house after the hectic service schedule. The boy, who agrees to marry a girl on the basis of the amount receivable as a dowry, is rather insulting the female. He feels, that a female, is a saleable and enjoyable thing. Due to this the market of female’s beauty is spreading widely. The earning female remains like a slave. To earn and to be independent economically are two different things. Till today illiterate and downtrodden females were also earning out of a labour work. But, they don’t have a right over their earnings. Today also, the literate and service class females do not have a right over their earnings. In lower class, a husband snatched away the salary of poor female and also beat her. In higher class, the females can’t spend a single pie without the permission of her husband. We applaud joint family institutions. We applaud a female as she is standing firmly on her sacrifices. In true sense, our tradition and family institutions are not standing on the sacrifices of a female, but on her servitude as main organization. Because, slaves does not have any right to sacrifice. Females got the right of citizenship. Still her experience of pain is not yet finished. The females themselves do not want to finish their experience of pain and that is the real cause of concern.

Dowry as a custom is a cancer to the society. In order to control the evil system, the legislators enacted act in 1961 as DOWRY PROHIBITION ACT. It was declared that giving and taking of Dowry as well as helping to do so, is an offence. Similarly demand of dowry is also one of the offences under this act. But the traditions of dowry system do not come to an end. This can be realized after verifying the toll of dowry casualties. In the year 1984, the act was substantively changed by inserting certain amendments. Inter-alia, the Central Government also framed the rules under this act. The amended act of 1984 and its rules were brought into effect from 2nd October, 1985, on the auspicious day of Mahatma Gandhi Jayanti.

As stated in the foregoing para, the definition of taking and giving dowry has been changed. It provides imprisonment of 6 months to 2 years and fine of Rs.10,000/-. The act further provides the facility for NGO and other organization to lodge complaint against the Dowry Offence and also get them registered in the Courts. It is the important provision of the act, that, if anybody has taken dowry prior to the marriage, then it has to be handed over in the account of such a bride prior to expiry of three months from the date of marriage. If such bride expires prior to receive such amount, then her legal heirs are entitled to receive the same. The Metropolitan Magistrate and Judicial Magistrate First class are empowered to take the cognizance in respect of the complaint lodged before them directly or through police or any social organization. There is no limitation prescribed for such taking cognizance of such offences. The offence is bailable and non-compoundable one. The act is equally applicable to whole of India except Jammu and Kashmir.

The main weapon under this act is, the list of articles gifted to the bride and bridegroom during the marriage. It is necessary to preserve the list as per the rules of this act. If any person in contravention of the rules, does not preserve such list, then all the articles will be termed as Dowry Articles and the giver and taker shall be liable to be punished under this act. No relaxation is given under this rule, therefore everybody has to keep and preserve such list.

It is made compulsory for the bridegroom to maintain such a list of articles received during the marriage. The details of the articles as regards, its approximate price, from whom it is received, under which relations has to be mentioned in that list. Such list bears the signatures or thumb impressions of the parties to the marriage.

The act was made to end the dowry system. But law does not solve the question. Law only provides the path to resolve the question and controversy, and that is why the law is necessary. Still in society the number of persons following law is very less than breaking the laws. The person who remains away from the clutches of law is known as a responsible person. Therefore, public training is necessary for the people to follow law. The alert citizens and the youngsters have to be watchful, to see, whether these laws are followed by all class of persons in the society. Women clubs, Social Clubs for women, must maintain some restrictions and reservations. Under such restrictions and reservations, it is not desirable for the persons to remain present in the marriage where the dowry has been taken, they must take decision that their drawing rooms and marriage halls will not be used for the marriage where dowry is taken. Otherwise, it will help the persons in breaking laws and habit of running away will increase to greater extent. Catching offender is the responsibility of Police, punishing them is the responsibility of Courts, and then we can not become so irresponsible due our negligence. Similarly the girls have to take oath that she will not marry with a boy who is a greedy of dowry. It is ridiculous to wait till the time of becoming the dowry victim and then lodge complaint. It does not help in arresting the offences.

We must not forget that, with the help of anti dowry organization and legal aid services, we can take a horse to the water, but it is the responsibility of the thirsty to drink the water. From the activities of anti dowry organizations the society creates the healthy atmosphere. In pre-independence era, there were so many such anti dowry organizations working, and therefore, dowry system has no recognition. Public training can be done only through such organizations. Offences will not be committed, and if committed they will not be unheard and scot-free, similarly, the literate and alert citizens must inform the commissions of such offences to the concerned officials, police or social organizations. It is expected from the learned citizens that they will not give publicity and respect to the marriages where dowry has been given or taken.

Today marriages are turning to an event of galaxy. These events are shattering the basic motto and holiness of marriages. It gives importance to the illegal and unwarranted display of huge unaccounted money. The problem of dowry can only be resolved if the marriage are solemnized and celebrated in a simple way. Similarly the birth of female child must be celebrated. If we are really concerned about attaching the human and civil rights to the females, then we have to be self inspired to control and restrict the expenses in the marriages. We have to curtail the show business in the marriage. The marriage without any expenses, and affordable to everybody is the only way to establish and settle the marriage of a female. Dowry Prohibition Act is the step taken in that regard.

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