Central Act provides 5 yrs imprisonment against 1 yr under State law
Provision for appointment of Prohibition Officers
Mohinder Verma
JAMMU, Sept 2: Noose is all set to be tightened on those who are giving/taking dowry or abetting the same as stringent law to check this social evil in the society will be applicable to Jammu, Kashmir and Ladakh from November 1 when the Jammu and Kashmir Reorganization Act, 2019 passed recently by the Parliament will come into force.
In order to curb this social evil that has caused unimaginable tortures and crimes towards women, the Dowry Restraint Act was enacted in the State in the year 1960. However, the Parliament enacted the Dowry Prohibition Act in the year 1961 with stringent measures as compared to the J&K Law.
However, the Central Law could not be extended to Jammu and Kashmir because of Article 370 of the Indian Constitution, which conferred special status to this part of the country.
Now, with the abrogation of Article 370 and as per the provisions of Jammu and Kashmir Reorganization Act, 2019 the Dowry Prohibition Act, 1961 of the Union Government will become applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh from November 1, 2019 and Dowry Restraint Act, 1960 of State shall get repealed.
“With the extension of Central Law, noose will get tightened on those who are giving/taking dowry or abetting the social evil as Central Law has more stringent provisions as compared to State Law”, legal experts said.
As per Section 3 of the State Act, any person who takes dowry shall be punishable with simple imprisonment which may extend to one year and with fine which may extend to the amount or value of the dowry taken.
Similarly, Section 4 of the Act states: “Any person who gives dowry or abets the giving of dowry shall be punishable with simple imprisonment which may extend to one year and with fine which shall not be less than Rs 5000”.
However, Section 3 of the Central Act read: “If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years and with the fine which shall not be less than Rs 15,000 or the amount of the value of such dowry, whichever is more”.
About penalty for dowry after solemnisation of marriage, the State Act states: “A person who at any time within three years after the solemnisation of marriage demands either directly or indirectly from the parents or any other person who was the guardian of the woman before her marriage any payment which is in the nature of a dowry, shall be deemed to have committed an offence under Section 3 of the Act and shall be punishable accordingly (simple imprisonment which may extend to one year and with fine which may extend to the amount or value of the dowry taken).
However, as per the Central Act, if any person demands directly or indirectly from the parents or other relatives or guardian of a bride or bridegroom as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to Rs 10,000.
Though under the Central Act powers have been conferred upon the courts for imposition of a sentence of imprisonment for a term of less than six months yet this discretion shall be exercised while recording adequate and special reasons in the judgment.
Though State Act is completely silent on agreement for giving or taking dowry yet in the Central Act it is mentioned that any agreement in this regard shall be void, legal experts said.
Moreover, the State Act states that no court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence but the Central Act mentions that no court shall take cognizance of an offence except upon its own knowledge or a police report of the facts which constitute such office or a complaint by the person aggrieved by offence or a parent or other relative of such person or by any recognized welfare institution or organization.
Unlike State Act, there is a provision in the Central Act for appointment of Dowry Prohibition Officers by the State Government to ensure compliance of the provisions of the Act, to prevent taking and abetting of dowry and collect evidences for the prosecution of persons committing offences under the Act.
“The State Government may confer such powers of a police officer as may be specified in the notification the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by Rules made under the Act”, the Central Law states.
Follow our WhatsApp channel
