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  • Dowry – Sociology Notes – For W.B.C.S. Examination.
    Posted on October 21st, 2019 in Sociology
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    Dowry – Sociology Notes – For W.B.C.S. Examination.

    যৌতুক – সমাজবিজ্ঞানের নোট – WBCS পরীক্ষা।

    Dowry, the money, goods, or estate that a woman brings to her husband or his family in marriage. Most common in cultures that are strongly patrilineal and that expect women to reside with or near their husband’s family (patrilocality), dowries have a long history in Europe, South Asia, Africa, and other parts of the world.Continue Reading Dowry – Sociology Notes – For W.B.C.S. Examination.

    One of the basic functions of a dowry has been to serve as a form of protection for the wife against the very real possibility of ill treatment by her husband and his family. A dowry used in this way is actually a conditional gift that is supposed to be restored to the wife or her family if the husband divorces, abuses, or commits other grave offenses against her. Land and precious metals have often been used in this form of dowry and are frequently inalienable by the husband, though he might otherwise use and profit from them during the marriage.

    A dowry sometimes serves to help a new husband discharge the responsibilities that go with marriage. This function assumes special importance in societies where marriages have regularly been made between very young people; the dowry enables the new couple to establish a household, which they otherwise would not have been able to do. In some societies a dowry provides the wife with a means of support in case of her husband’s death. In this latter case the dowry may be seen as a substitute for her inheritance of all or part of her husband’s estate.

    In medieval and Renaissance Europe, the dowry frequently served not only to enhance the desirability of a woman for marriage but also to build the power and wealth of great families and even to determine the frontiers and policies of states. The use of dowries more or less disappeared in Europe in the 19th and 20th centuries. In some other places, however, dowries grew in popularity at the end of the 20th century, even when declared illegal or otherwise discouraged by governments. In South Asia, for instance, parents of the groom have sometimes demanded compensation for their son’s higher education and future earnings, which the bride would ostensibly share.
      1. Penalty for giving or taking dowry

    (1) 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 fifteen thousand rupees or the amount of the value of such dowry, whichever is more:

    Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
    * * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985
    (2)Nothing in sub-section (1) shall apply to or, in relation to,-
    presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf):
    Provided that such presents are entered in list maintained in accordance with rule made under this Act;

    presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):
    Provided that such presents are entered in a list maintained in accordance with rules made under this Act;
    Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.

      1. Penalty for demanding dowry

    (1)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 ten thousand rupees:
    Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
    4-A. Ban on advertisement

     If any person-

      1. offers, through any advertisement in any newspaper, periodical, journal or through any other media any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,
      2. prints or publishes or circulates any advertisement referred to Cl. (a), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years , or with fine which may extend to fifteen thousand rupees:
        Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.

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