Dowry Prohibition Act may turn softer on 'givers'

After completing the consultation process, the Women and Child Development Ministry is firming up proposal for amendments in Dowry Prohibition Act, 1961, to give it a structure which should be women friendly without denying natural-justice. 

The proposed amendments will soon be posted in the public domain for suggestions. The Ministry’s recommendations include harsher punishment to offenders with adequate protections to the innocent.  While it proposes to increase punishment for those taking dowry up to seven years (from the existing five years), it has suggested punishment to dowry givers as just one year.

The existing law apportions jail terms equally for both the givers and the takers. To avoid harassment or victimization of the innocents, the ministry has recommended that the term “other than due to natural causes” be retained but could be qualified to exclude cases of suicide/accident/murder where death is not related to action or abetment of husband or in-laws in any manner. The ministry has further recommended that the husband may not be denied inheritance of the wife’s property seven years after her death, in cases where he is not prima facie charged for the offence or booked for abetment.

The ministry proposes to make it easy for the woman to fight dowry harassment. Under the existing provision, the Court of Judicial Magistrate First Class or the Metropolitan Magistrate can take cognizance of an offence under the Act. 

It is proposed that woman should have the opportunity to file a case not only where the offence was committed but also where she permanently or temporarily resides.