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Critical Analysis Of The Dowry Prohibition Act, 1961: Successes, Failures, And Future Directions


 


Karuna Sindhu, Advocate, Jharkhand High Court, Ranchi


ABSTRACT


The Dowry Prohibition Act,19611 is indeed a legislative response to Article 15(3) of the Indian Constitution which allows State to make special provisions for women and children2, and international obligations under various conventions.3 The Act aims to eradicate the entrenched practice of dowry, protecting women from dowry harassment and related offences. Despite the laudable objectives, the Act’s implementation has been marred by dual challenges- the persistence of dowry practices in society, as evidenced by various reports and everyday observations; and the rising incidence of false cases filed under the Act. This paper aims to critically analyse the Act, with a special focus on the real challenges faced by victims of dowry and related offences, in enforcing the rights given under the Act or seeking shelter under its provisions. It examines the Act’s successes, failures and future directions, seeking to inform strategies that will enable the Act to achieve its noble goal of eliminating dowry from Indian society. The paper also examines the issue of false cases filed under the Act, aiming to prevent the misuse of the Act by filing false cases against innocent husbands and their families.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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