GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO 1073
ANSWERED ON 10.03.2008
AMENDMENT OF ANTI DOWRY ACT .
1073 . SHRI AMAR SINGH
ABU ASIM AZMI
(a) whether Government proposes to amend the Anti-dowry Act, so as to make it harsher;
(b) if so, the details thereof;
(c) whether Government is aware that the provisions of this Act are being blatantly abused, as per several judgment of the various courts in this regard; and
(d) if so, the reaction of Government thereto?
ANSWER
THE MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI RENUKA CHOWDHURY)
(a) The National Commission for Women (NCW) which is mandated by law, among other things, to review Constitutional and other legal provisions affecting women and to suggest amendment thereof, has recommended some amendments to the Dowry Prohibition Act, 1961 and section 304B IPC (Dowry death). The recommendations are presently under examination in the Ministry of Women and Child Development.
(b) The main points of the recommendations made by NCW are shown in the Annexure hereto.
(c) Government has no information that there is any large-scale misuse of the concerned laws. As per the data compiled by the National Crime Records Bureau, Ministry of Home Affairs for the years 2004 to 2006, the number of cases registered and the number of cases declared false on account of mistake of fact or law was 21431 & 974, 179568 & 19013 and 11300 & 615 under section 304B IPC (dowry death), section 498A IPC (cruelty by husband or relative of husband) and the Dowry Prohibition Act, 1961, respectively.
(d) It is for the investigating and prosecuting authorities in the States to deal with any false complaint relating to dowry.
Annexure
referred to in reply to part (b) of Rajya Sabha Unstarred Question No.1073 for 10.3.2008
The National Commission for Women has made the following main recommendations: -
(i) The words ‘in connection with the marriage of said parties’ occurring in section 2 of the Dowry Prohibition Act, 1961 relating to the definition of dowry, may be deleted.
(ii) A penalty of imprisonment of not less than 3 years and fine of not less than Rs.15,000/- may be introduced for the parents/relatives of the bride or bridegroom for non-maintenance of lists of presents under the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.
(iii) The penalty laid down in the said Act for giving dowry may be reduced to imprisonment of not less than one year and fine of not less than Rs.15,000/- unless the person can prove that he was compelled to give dowry.
(iv) Amend section 6 of the said Act (dowry to be for the benefit of the wife or her heirs) in order to provide that in the event of the death of any woman, whether due to natural causes or otherwise, whether within 7 years or after 7 years of her marriage, any property to which she is entitled under the section will be transferred to her children or to her parents if she has no children; and not to her heirs.
(v) Empower the Service Provider or the Protection Officer functioning under the Protection of Women from Domestic Violence Act, 2005, under section 7 of the Dowry Prohibition Act, 1961, to lodge a complaint of commission of an offence.
(vi) The words ‘soon before her death’ occurring in sub-section (1) of section 304B IPC (Dowry death) may be replaced by the words ‘anytime before her death’ and any death occurring in the circumstances mentioned in the sub- section even after 7 years of marriage should be considered as dowry death. The minimum punishment laid down in sub-section (2) of section 304B IPC should be raised from 7 years to 10 years and death may be prescribed as the maximum penalty alternate to the existing penalty of imprisonment for life.
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