Who is responsible for dowry practices
I recently posted a query on whether Indian laws are archaic and toothless? I received few replies from good lawyers. They did defend the relevance of laws, though kept away from replying on my basic query I.e. why dowry prohibition act is just a tool for girl parties to take revenge and is fully inactive in stopping wrong practices of dowry in society. Why the prejudice that boy can only be culprit. I have some observation. I want some erudite lawyer to contest this. Mostly dowry was initiated by girl party and propagated by them. How I would explain. Some rich parents had not so competent girls. So if gone properly could not get good boys. To compensate this they used money or property as a leveller. The result was that good boys were all purchased by capable people and good girls from simple parents were left with leftovers only. So mismatch. Generation started changing. Boys were no more getting tempted with money. So again trouble for dabangg parents with unlikable girls. So started the kidnapping of good boys from weaker family, because they cannot apply force on equally dabangg,s son. Again good boys missing for good girls. So mismatch again. But law always seeming to favour girls is basically unfavouring the rightful people. good girls and good boys from weaker family backgrounds are the only sufferers. Core reason is the biased law.how to justify having such laws.
Asked 4 years ago in Family Law from dhanbad, Jharkhand
it appears you have not gone through provisions of dowry prohibition act in detail . if you had so you would not have made the comment that it is just a tool for girls to take revenge .
section 498A , Dowry Prohibition Act are special legislations enacted for the "protection of women" and have serious penal consequence for the offender.
"Under no circumstances can it be permitted to become a tool for harassment of innocent persons,"
while framing charges, the Trial Court takes into account the entirety of the case, all documents which are brought to its notice including the correspondence between the parties and thereafter decide whether there was case made out or the court was being used as a tool. where no case is made out criminal proceedings against the petitioner be quashed
in cases wherein relatives of husband are falsely implicated by the wife just to take revenge of ill treatment by the husband the court in exercise of its jurisdcition can quash the complaint .
Mr.Ajay Sethi, a learned Advocate has explained in detail the Dowry Prohibition Act and there is nothing more to add.