Section 6 of the Dowry Prohibition Act – Dowry to be for the benefit of the wife or her heirs

Introduction

In India, the dowry tradition has been a cultural issue for ages. Even today, in certain sections of the society, it still exists despite all modernisation and laws in place around childbirth and marriage which often leads to financial burdens, psychological abuse or violence within a domestic setting. 

The Dowry Prohibition Act that was enacted in 1961 for the first time in India was a significant step in view of the legal fight against this social obstinacy. One of the significant sections in the act states that all dowry given at the time of marriage shall be utilised for the benefit of the woman and her progeny. But what does this section really mean and how does it mean women are protected? Let’s examine more closely.

History of the Dowry Prohibition Act, 1961

On May 20, 1961, the Dowry Prohibition Act was enacted into law, barring both the giving and receiving of dowries in marriages. The practice of giving dowries by the bride’s family to the groom’s family has become an avenue through which brides and their families are exploited. This social vice has caused incidents of physical, emotional and even fatal violence against women. There was a need to eliminate this harmful practice and untie marriages from the commercialisation of brides and hence, the Dowry Prohibition Act was introduced.

Even before the passing of the Dowry Prohibition Act, the practice of dowry had become quite rampant which in turn, resulted in extreme forms of oppression especially for women of the poorer socio-economic classes. 

The Act’s objectives were:

• Should be the law that dowries in any form are prohibited.
• Protect the women from harassment and other forms of violence due to dowries.
• Provide victims of dowry-related crimes with help in obtaining justice. This Act was considered as an important development in the enhancement of women’s equality and their ability to make decisions within the institution of marriage.

What is Section 6 of the Dowry Prohibition Act, 1961?

According to Section 6 of the Act, if a dowry is obtained because of someone else’s marriage, the recipient must either pay the dowry to the woman or the bride or retain it in trust for the benefit of the recipient. Put differently, the bride’s dowry or gifts upon marriage will be regarded as her own property, giving her the freedom to use and even transfer them.

Text of Section 6

1. Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman–

• if the dowry was received before marriage, within1[three months] after the date of marriage; or
• if the dowry was received at the time of or after the marriage, within 1[three months] after the date of its receipt; or
• if the dowry was received when the woman was a minor, within 1[three months] after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman.

2.  If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor 3[or as required by sub-section (3),] he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 4[which shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.]
3. Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:

Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,

• if she has no children, be transferred to her parents or
• if she has children, be transferred to such children and pending such transfer, be held in trust for such children.

4. 3A- Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) 7[or sub-section (3)] has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, 8[her heirs, parents or children] the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 8[her heirs, parents or children] within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 8[her heirs, parents or children.
5. Nothing contained in this section shall affect the provisions of section 3 or section 4.

What Does Section 6 of the Dowry Prohibition Act Cover?

Section 6 also states a very important rule: any dowry given has to be handed over to the woman within some time. This is necessary because, even though it is prohibited by law, in most cases the dowries were either controlled by the husband or his family preventing the woman from claiming the object or money which was supposed to be hers. This provision ensures that the woman is the rightful recipient of any marriage gifts that may have been given to her during and prior to the marriage.

If the bride’s family has given a dowry before the marriage, the dowry has to be transferred to the bride within three months of the marriage. Similarly, the period remains the same – three months of the marriage, in the case it is given post-marriage. If the woman married while still underage, the demurrer must be transferred to them when the individual turns eighteen. This provision is more of a protective measure on the part of the woman, allowing her to take the received bride price and giving her some level of protection in her husband’s extended family.

Key Provisions of Section 6

In Section 6, moreover, the timeline is the first element to attract attention. It follows from the law that the portions of dowry can be completed and owned within a duration of three months. While this may seem trivial, it is actually an important aspect. Otherwise, the woman would be left at risk were it possible to withhold the dowry without any time limit imposed on its payment.

In accordance with section 6 of the Dowry Prohibition Act, 1961, a person shall transfer any dowry to a woman within three months of the marriage date if it is received by someone other than the woman to whom it is given, and if it was obtained prior to the marriage.

If the dowry is not paid within this period, the party responsible for the dowry payment i.e. the dowry bearer shall shoulder the blame. Maximum punishment that can be awarded is imprisonment for two years and a minimum of six months jail term. The imposition of fines ranges from a minimum of ₹5,000 to a maximum of ₹10,000. In instances where families cite culture as a reason, the likes of which is crippling over the head, and paying, these are meant to prevent the family from continuing with the carrying out of dowries.

Importance of Section 6 in Protecting Women’s Rights

What is the transformative nature of Section 6? First of all, it ensures that the resettled woman in not left out on her own without any assistance or waiting for financial help from anyone else. In practice, even though it is illegal, a dowry is often paid by families in the hope of protecting the bride against unforeseen costs. Because of the law, the bride may rest on the pillow without the interference of her husband’s relatives. In addition, the legal obligation of dowry payment also reduces the incidences of dowry related harassment as espoused in Section 6. Keeping control of her dowry provides her with power and in some instances, protects her from the harassment of in-laws who may want to control or over ask for it.

What Happens If the Wife Passes Away Before Receiving the Dowry?

Life can surprise people, and sadly, there have been cases where a widow has passed away before she could receive her dowry. Also, there are additional provisions regarding this type of situation in Section 6. Upon the demise of the wife, the dowry is paid to her legal heirs instead of her husband’s family getting all of it. Who precisely are her legal heirs? It depends on the situation.

• If she has children, then the children will receive the dowry. However, the children will not get the dowry until they reach the age of majority, thus ensuring that the dowry is protected for the children.
• If she does not have any children, the dowry is given to her parents.

Remember that there is also a seven-year limitation. If a wife dies under strange circumstances within seven years from the date of marriage, it is perceived that infidelity has occurred. In such situations, and especially in cases where dowry related harassment or violence is alleged, the dowry transfer is very much handled with utmost care.

Legal Consequences and Penalties under Section 6

There is a lot more in this area than simple dowry payments. It is enforced by the law and its compliance is ensured. In addition to being unethical, a person who does not make the dowry transfer as prescribed by Section 6(1) is also breaking the laws. Such offences attract a punishment not exceeding two years imprisonment or a fine of not more than ₹10,000 or both.

It is worthwhile to mention that Section 6(3A) makes the enforcement of these orders infact stronger. The court can order an individual to transfer the dowry even after that individual has been convicted of an offence. If they do not comply with the order, the court will go ahead and ensure that the dowry is handed over to the relevant party and a contempt of court fine equal to the amount of the dowry will be imposed.

What Supreme Court has Said On Section 6?

On the issue of dowry laws, the three-judge bench comprising TS Thakur, CJI, Dr. AK Sikri and R. Banumathi, JJ observed that the practice of giving and receiving dowry or traditional gifts on the occasion of marriage does not by itself create any assumptions that such property was given and placed within the control of the groom’s parents or even close relatives so as to invoke the provisions of Section 6 of the Dowry Prohibition Act, 1961. 

While explaining Section 6 of the Dowry Prohibition Act as interpreted by the Court, it is stated that the provision states that any person receiving the dowry for the bride shall not retain it for the other person who has received it, instead he must return it to the woman in whose marriage it was given out within three months of her marriage, and if he does so he shall be punishable under Section 6 of the Dowry Prohibition Act. The Court further held that if the dowry amount or articles of married woman was placed in the custody of his husband or in-laws, they would be deemed to be trustees of the same. 

The person receiving dowry articles or the person who is dominion over the same, as per Section 6 of the Dowry Prohibition Act, is bound to return the same within three months after the date of marriage to the woman in connection with whose marriage it is given. If he does not do so, he will be guilty of a dowry offence under the said Section. It was further held that even after his conviction he must return the dowry to the woman within the time stipulated in the order. [Bobbili Ramakrishna Raju Yadav v. State of Andhra Pradesh, 2016 SCC OnLine SC 42, decided on 19.01.2016]

Recent Case Examples and Court Interpretations

With initiative, the Indian courts have sought to interpret Section 6. More often than not, they have leaned toward the protection of women who have suffered loss of their lawful dowry. For example, the courts in some instances have ordered husbands or their relatives to hand over properties or other valuables considered to be dowry, in order to safeguard the woman’s interests.

The jurisprudence also shows that this provision is becoming increasingly important with respect to the issues related to dowry deaths. The police and the courts are becoming increasingly concerned with unnatural deaths which happen within 7 years of marriage and Section 6 provides a critical tool in bringing these allegations of death within the home due to wife battering.

Case laws

1. S. Gopal Reddy vs State of Andhra Pradesh (1996)

Key Point: This judgment also explained the meaning of the term “dowry” under the Dowry Prohibition Act. It was observed by the court that dowry is more than just a voluntary gift or an act of kindness; it is a demand that is made to the bride’s family as a pre-condition for marriage. This case also brought to the fore the importance of ensuring that all bride price or douluva, if any, that is exchanged during the marriage is the property of the wife. 

Relevance to Section 6: Although primarily about the definition of dowry, this case also emphasized the legal obligation of transferring dowry to the wife, as per Section 6.

2. Pratibha Rani vs Suraj Kumar & Anr. (1985)

Key Point: In the landmark judgement, the apex court declared that only a woman has certain rights over stridhan or gifts, that is property offered to her after marriage, as she possesses the full ownership. The refusal to return her stridhan under the Indian Penal Code amounts to a criminal breach of trust. 

Relevance to Section 6: Though the case dealt with stridhan, it reinforced the principles laid down in Section 6 that dowry must be transferred to the woman, and holding it back is a criminal offence​.

3. Promila vs State of Haryana (2016)

Key Point:In this case, the court held that failure to give the wife the dowry within the prescribed time limit as provided under Section 6 is an offence. The court reiterated that the legal concept where dowry, after being given, has to be returned within the prescribed time or the holder should be ready to face the law. 

Relevance to Section 6: It made it clear how very important it is to comply with Section 6, as that is the only way the woman would receive her dowry on time.

4. State of Maharashtra vs Madhukar Narayan Mardikar (1991)

Key Point: The case revolved around a married woman’s rights and misuse of her property, even when it did not deal directly with dowries. The ruling pointed out that the wife’s parents-in-law have no rights whatsoever even to her legally acquired property.

Relevance to Section 6: This ruling affirms the provision of Section 6 which mandatarily requires the wife to be given the dowry and other property for her use and control.

5. Baldev Singh vs State of Punjab (2011)

Key Point: Here, the case deals with the death of a woman who had been married for less than seven years in unnatural circumstances and the court had to rule on the distribution of her dowry and other property to her heirs.

Relevance to Section 6: In this regard, the court ruled that its provisions enable the wife’s children or parents to receive the dowry in case of her premature death within a period of seven years. This is in accordance with Section 6(3).

6. Rajesh Gaur and 4 Others vs. State of U.P and Another (2017) 

Key Point: The applicants in this case therefore sought to get rid of the summoning order as well as the entire proceedings under Section 6 of the Dowry Prohibition Act. They claimed that the complaint was vague and lacking conclusive details particularly against application nos. 3, 4 and 5, who are the complaints sister in law and brother in law. The court found these claims to be weak and vague, in that they insinuated that the legal process against these individuals has been perverted.

Relevance to Section 6: The issue raised is that of the misuse of the dowry provisions of the law which illustrates the need for evidence that is clear and direct in calling out individuals particularly those related to the accused. It brings out the importance of protecting such individuals as provided for under Section 6 of the Dowry Prohibition Act.

7. Deepak and 5 Others vs. State of U.P and Another (2015) 

Key Point: The applicants comprised the bridegroom and his family members, who sought to put an end to the proceedings by citing various provisions of the Indian Penal Code as well as Section 6 of the Dowry Prohibition Act. They argued that only two of the applicants had specific allegations against them, while the others were either mediators or relatives uninvolved in the dowry demand. The court observed that no prima facie case had been made against applicant nos. 2, 4, 5 and 6 and allowed them to seek discharge.

Relevance to Section 6: This case indicates the stance of the court whereby those who have peripherally been involved in the demand for dowry should not be made guilty under Section 6 of the Dowry Prohibition Act. This insinuates that particular charges should be maintained in order to avoid embroiling persons who are not connected with the case.

8. Rajiv vs. Ram Kishan Jaiswal (1994)

Key Point:It so happened that after only three months of marriage, the wife died and there was a disagreement about ownership of dowry properties. Because the wife died intestate, the court ruled in favor of the bride’s parents even though the husband claimed to the be the rightful heir of the dowry.

Relevance to Section 6: The ruling reinforces Section 6 of the Dowry Prohibition Act, which provides that, “The dowry shall be given to the wife and in case of her death, if she has no children, to her parents or her legal heirs.” This case illustrates the law governing the dowry in case of death during the early years of marriage.

Conclusion

The Dowry Prohibition Act of 1961’s Part 6 is very crucial in safeguarding the property rights of married women. The section also provides for stringent penalties for its contraventions and asserts that the wife, being the legal possessor of the dowry, shall receive it. This provision is critical in curbing dowry and associated violence and in enhancing the status of women in the society because it protects the wife or her successors and ensures fairness in the distribution of dowry in the event of the death of the woman.

The existence of such provisions, especially Section 6, provides a background against which the quest for equity and justice, including gender equity, can be clearly understood – the social evil of ‘dowry’ still exists in India.

Frequently Asked Questions on Section 6 of the Dowry Prohibition Act

Q1. What is Section 6 of the Dowry Prohibition Act?

Ans1. Section 6 mandates that any dowry received by someone other than the bride must be transferred to her within three months, ensuring the dowry benefits the woman or her heirs.

Q2. Why was the Dowry Prohibition Act enacted?

Ans2. The Dowry Prohibition Act was enacted in 1961 to eliminate the dowry system in India, protect women from harassment, and promote gender equality in marriages.

Q3. What are the penalties for not complying with Section 6?

Ans3. Failure to transfer the dowry as required can lead to imprisonment for a term ranging from six months to two years, along with a fine between five thousand to ten thousand rupees.

Q4. How does Section 6 protect women’s rights?

Ans4. Section 6 ensures that dowries are treated as the woman’s property, giving her the right to use and transfer them, thus protecting her financial independence.

Q5. What happens to the dowry if the woman dies before receiving it?

Ans5. If the woman dies before receiving the dowry, her heirs can claim it. If she dies within seven years of marriage due to non-natural causes, the dowry will go to her parents or children.

Q6. Can a person be punished for failing to return dowry?

Ans6. Yes, if someone fails to return the dowry within the specified time frame, they can face legal consequences, including imprisonment and fines.

Q7. What is the significance of the Supreme Court’s interpretation of Section 6?

Ans7. The Supreme Court emphasizes that those holding dowry items act as trustees and are legally obliged to return them to the bride, reinforcing the protective measures for women.

Q8. How can I seek legal advice regarding dowry-related issues?

Ans8. Individuals facing dowry-related issues can seek legal advice through online legal consultations, where experienced lawyers provide guidance tailored to their situations.

Q9. What should I do if I suspect dowry harassment?

Ans9. If you suspect dowry harassment, it is crucial to document incidents and seek legal assistance immediately to understand your rights and options for protection.

Q10. Where can I find more information about the Dowry Prohibition Act?

Ans10. More information about the Dowry Prohibition Act, including its provisions and implications, can be found on legal websites, government resources and through legal consultations.

Q11. दहेज प्रथा का केस कितने साल चलता है?

Ans11. कानून दहेज निषेध अधिनियम, 1961 के अनुसार दहेज लेने, देने या इसके लेन-देन में सहयोग करने पर 5 वर्ष की कैद और 15,000 रुपए के जुर्माने का प्रावधान है।

Q12.What is Section 6 of the dowry act?

Ans12. Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman— (a)if the dowry was received before marriage, within three months after the date of marriage; or (b)if the dowry was received at the time of or after the marriage.

Q13. Is dowry act bailable?

Ans13. Offences to be cognizable for particular purposes and to be non-bailable and non-compoundable.