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The Dowry Prohibition Act 1961 bans the giving or taking of dowry defined as valuable property security etc. given as consideration for the marriage. Under Sec. 3 any form of dowry giving, taking or abetment is liable for imprisonment up to not less than 5 years and fine not less than Rs. 15000. Under Sec 4, penalty for demanding dowry either directly or indirectly can lead to imprisonment for 6 months to 2 years and fine up to Rs. 10000. Under Sec 5 any agreement for giving/taking of dowry is void. Under Sec 7 a Magistrate of the first class can take cognizance on a complaint made by police aggrieved person or parent or relative or recognized welfare institution/organization within 1 year of the date of offence. Under Sec 8-A in the prosecution of person under Sec 3 or 4, the burden of proof rests on the accused. Under Sec 8B, dowry prohibition officers can be appointed by the State to help implement the law.
The Protection of Women from Domestic Violence Act 2005 is to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family or for matters connected therewith or incidental thereto. Section 3 of the Act define ‘Domestic violence’ as any act, omission or commission or conduct of the respondent shall constitute domestic violence in case of physical abuse or sexual abuse or verbal or emotional abuse which harms or injures or endangers or has effect of threatening to the aggrieved person or any person related to her.
As per Section 8 the State Government shall appoint Protection Officers in each district. As per Section 10 any voluntary association shall register itself with the State Government as Service Provider for the purposes of this Act. As per Section 12 an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs. The Act ensures to obtain orders such as Protection Orders (Section 18) Residence Orders (Section 19) Custody Orders (Section 21) Compensation Orders (Section 22) and also can obtain shall be punished with imprisonment of One year or fine of Rs. 20000/- or both (Section 33).
Indecent Representation of Women (Prohibition) Act 1986 bans titillating pictures on hoardings, packages, books, films etc. Depiction of a woman’s body etc. likely to have the effect of being indecent or likely to corrupt public morality is punishable with a first conviction of up to 2 years and fine up to Rs. 2000 and second conviction with fine from Rs. 10000 to 1 lakh rupees and jail from 6 months to 5 years.
Commission of Sati (Prevention) Act 1987 makes glorification of sati a crime. Even earlier glorification of sati was held to be abetment to suicide and a crime under IPC. The new Act provides a stiff penalty for abetment – death or life imprisonment with a fine also.
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