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The first all-India legislative enactment relating to dowry to be put on the statute book was The Dowry Prohibition Act, 1961 and this legislation came into force from 1 July 1961. [56] It marked the beginning of a new legal framework of dowry harassment laws effectively prohibiting the demanding, giving and taking of dowry.
In India, the dowry puts great financial strain on the bride's family. Payment of dowry is now prohibited under the Dowry Prohibition Act, 1961 in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Despite anti-dowry laws in India, it is still a common practice.
Bride dowry is equivalent to dowry paid to the groom in some cultures, or used by the bride to help establish the new household, and dower, which is property settled on the bride herself by the groom at the time of marriage. Some cultures may practice both simultaneously. Many cultures practiced bride dowry prior to existing records.
Atul Subhash's suicide has galvanised men's rights activists and started a wider debate around India's tough dowry law [BBC] On the night of 9 December, a 34-year-old Indian man killed himself.
It is the custom that the groom and his family pay for all the wedding expenses. The bride's family gather together before the wedding in the bride's parents house. The groom's family come and take the bride from the house in a decorated car along with the one bride's mate which usually is the bride's sister, cousin, or best friend.
[11] In India, dowry size is a reflection of wealth. The Indian author Rajesh Talwar has written a play on dowry deaths titled The Bride Who Would Not Burn. [12] In 1961, the government of India passed the Dowry Prohibition Act, making the dowry demands in wedding arrangements illegal. [13]
Due to the dowry system in India, the bride's family gives durable goods, cash, and natural or movable property to the bridegroom, his parents, or his relatives as a condition of the marriage. [17] Due to India's skewed inheritance laws, the Hindu Succession Act needed to be amended to stop the routine disinheritance of daughters. [18]
[17] [18] The other difference was that donatio propter nuptias was a security the groom delivered to bride or registered in her name, at the time of marriage, in exchange for dos (dowry) that came with the bride. [19] [20] Mahr is a religious requirement according to Sharia. Under Islamic law, there is no concept of marital property.