Laws Related To Dowry, Sexual Harrasment and Voilence Against Women
Laws Related To Dowry, Sexual Harrasment and Voilence Against Women
Laws Related To Dowry, Sexual Harrasment and Voilence Against Women
1. Definition of `dowry’.
In this act, `dowry’ means any property or valuable security given or agreed to be given
either directly or indirectly:
a. by one party to a marriage to the other party to the marriage; or
b. by the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person;at or before or any time after the marriage in connection
with the marriage of said parties but does not include dower or mahr in the case of
persons to whom the Muslim Personal Law (Shariat) applies.
Penalty for demanding dowry .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.]
The need for such legislation was observed first time by the
Supreme Court, in Vishaka v State of Rajasthan. In the absence of
any law at that time providing measures to check the evil of
sexual harassment of working women, the Supreme Court, in
exercise of power available under Article 32 of the Constitution,
framed guidelines to be followed at all workplaces or institutions,
until a legislation is enacted for the purpose. The Supreme Court
incorporated basic principles of human rights enshrined in
Constitution of India under Article 14, 15, 19(1)(g) and 21, and
provisions of Convention on Elimination of All Forms of
Discrimination against Women (CEDAW), which has been ratified
in 1993 by the Government of India. The guidelines laid down by
the Supreme Court were to be treated as the law declared under
Article 141 of the Constitution.
The Act also provides the circumstances under which an act may
amount to sexual harassment. These are:
The Act lays down certain duties of the employer and District
Officer under Section 19 and 20 respectively such as creating
awareness on sexual harassment at workplace, sensitize the
employees, assist the complaints committee in conducting the
inquiry, act upon recommendations of the committee, monitor
timely submissions of reports of the committee etc.