DOWRY: THE DARK SIDE OF INDIA WEDDINGS, THE DOWRY SYSTEM
How to deal with someone who demands dowry before or after marriage ?
In cases of dowry it is important to know that giving or taking dowry is illegal and that can be punished with an imprisonment for least 5 years along with a fine of 15,000 or the amount equivalent to the value of such dowry, whichever is more.
If someone is demanding for dowry either directly or indirectly then he will be liable for imprisonment from 6 months to 2 years, and a fine up to the amount of 10,000.
6 steps to remember while dealing with a dowry petition before marriage
Asking of dowry is a crime even before the marriage and Dowry Prohibition Act, 1961 will be applicable on these cases also.
Taking or giving of a dowry is also a crime and punishable on both the parties.
In case of a dowry demand, immediately report to the nearest police station under the jurisdiction of the place where the said demand is made.
Try to get as many evidence as you can, like maybe audio-video recordings, witnesses
You can report the matter to a judicial Magistrate/ Metropolitan Magistrate by making an application under section 156(3) read with section 190 of Code of Criminal Procedure, if the police does not register the same.
You can also report the matter to the Dowry Protection Officer. You can know about the DPO of your area by contacting the family court of your district.
The role of a DPO is to prevent the taking or abetting the taking of, or demanding dowry, as far as possible and to collect evidence as far as possible. These officers conduct preliminary inquiries on receiving complaints regarding dowry and prepare case history and help the public in getting the case registered with the police.
Who can apply police complaint ?
They would be wife,
Parents or other relatives of such person,
Recognized welfare institutions or organizations,
As it is cognizable offence, so an action against it can be taken either by a metropolitan magistrates or magistrates of the first class on its own.
You can file a dowry case even before your marriage,
Where the would-be-husband/ in-laws have demanded for dowry.
You can also register a case under the jurisdiction of the police station as to where you reside, but for that you need to prove that the demand was made at your place.
5 steps to follow when a police officer does not register your case:
Try to get the reason for not registering the complaint in written.
Report the matter to his senior. Report it to the SP of district the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).
Approach media to put pressure on the authorities.
Approach local NGOs, human rights activists, etc.
If any of the above does not work, then the last and final solution will be to approach the court. Make an application under section 156(3) read with section 190 of Code of Criminal Procedure to a judicial Magistrate/ Metropolitan Magistrate thereby asking the police to register the FIR.
If your husband or his in-laws or his relatives try to harm you or injure you either physically, mentally, emotional or economically for the want of dowry, then you can file a case of dowry demand under section 4 of Dowry Prohibition Act, 1961 along with section 498a of Indian Penal Code, 1860. You can also present an application to the magistrate under section 12 of The Protection of Women from the Domestic Violence act, 2005. The magistrate will dispose off the matter within 60 days of the first hearing and also appoint a protection officer.
Place of registration for dowry case post marriage can file a dowry case:
Where the cause of action has taken place, i.e. where the demand was made, or
Where you last lived with your husband or
At the place of your maternal parents.
The allegation of dowry is a serious one, where the punishment is for a minimum term of 5 years. Though you always have an option of fighting your own case, we suggest you to hire an advocate to guide you through the legal procedures and technicalities.
SHARE, IF YOU ARE REALLY AGAINST OF DOWRY !
