Originally posted by :chandrasekhar.7203@ gmail.com |
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Giving dowry and receiving dowry should be legalized because it should be in the black and white. It also helps men from false 498A cases. I tell you why. It is not at all easy to control giving dowry and receiving dowry in our country. Those who want to take would take and those who want to give their daughters are compelled. So the reality is dowry is unavoidable. Even when friends and relatives know it, nobody complaints to law enforcing agencies about it, because they do not want to spoil the marriage and their relationship with people involved in marriage. And when dowry is given and law says, it cannot be given or taken, if the marriage gets into dispute then there is no way for the parents to admit that dowry is given. So they file 498A cases to recover the dowry amounts given by them. Most of the settlements involving women demanding huge amounts is not only exploitation but also recovery of amounts the parents of girl paid as dowry.
When I say, dowry must be legalized, then when dowry is given in the marriage ceremony, there will be witnesses. The parents of girls can claim it legally through a civil proceeding in court. That avoids filing false 498A cases to threaten men to get better settlement amounts commensurate with dowry amounts they have paid.
Also, I believe when a woman who is not a working woman is sent to her husband's place after marriage giving dowry is not purchasing husbands. We had seen so many advertisements showing men as buffalows and all being sold in markets. But if it is truly a sale, then man has to come to the house of woman and work in their family. Then it is called sale of bridegroom. Here it is not sale of bridegroom, because having given dowry, the woman goes to the house of husband to work there and participate in household duties. Hence to say it is a sale of bridegroom is not matured view.
And why it (dowry) is given? The father of the girl says to the bridegroom, you are the bread earner of the family, my girl is not a working woman, it involves lot of expenses on her for you after marriage, I had to incur expenses for only 20 or 25 years, but you have to bear expenses on her for entire lifetime (as long as she survives) let me share some part of your burden by giving dowry.
What is wrong in it? A bridegroom's family adequately rich to maintain a girl asking for dowry is wrong, but when it involves marriage between two lower middle class families or middle class families there is nothing wrong if the father says, "I will share the burden of her maintenance in post-marriage life with you to some extent".
Hence I believe, taking and giving dowry be made legal so that it remains a transparent transaction between two families and society witnessing marriage and so that if any dispute arises, the legal recourse will not go in the direction of false 498A cases but in the direction of civil proceedings, like recovering the dowry money through a civil suit which does not involve tensions and harrassment for men. |
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Ha now you point out a glaring problems of law. I agree with that to a large extent. The country hides behind a facade of goodness when all it doing is making idiotic laws.
But as the law stands it is illegal to give. So why should they be let off? Change dowry laws and make it legal as long as it is transparent. Such dowry must be used for household expenses and accounted for during the time of marriage. If money given as dowry is used for the household expenses to the benefit of the household and accounted for it, need not be returned. If such laws are made that is fine. Record what is given as dowry. If the girls family gives something for her only-then record the streedhan. This haphazard laws with a facade is the problem. Saner laws are always welcome.
But that is not the case. The problems started to get worse with improper dowry laws that was not based on reality. The government framed harsh laws to prevent the bride burning at the time. In fact several times even SC has said they can be tried for murder and not ncessarily 304b.
Prenups record the same. Then filing 406, 498a can be eliminated. If divorce is made saner and transparent based on current realities-it will induce clarity and hence could be beneficial to both marriage institution and to society. The government must give up this idea of 'protecting woman' and think about empowering her to be self dependent, if need be. That is empowerment in true sense.
Government makes laws.When there is a problem with current law, they are making more senseless laws. Government should concentrate on proper implementation.
Again it is not right for a woman who is capable to sit at home and idling away and claiming maintenance. There is no two things about it.
Make divorce easier and implement time frames for deciding divorce. No one needs to stay with abusive spouse. I use spouse because a woman s perfectly capable of being abusive. Only in wonder la of government is all women are good! Giving maintenance to such abusive spouse is an abomination and must be eliminated.
The questions now would be:
1) If dowry is made legal and transparent.
2) If streedhan is recorded and is transparent.
3) The way these are spent is recorded.
4) If she can claim the same in the event of divorce.
5) She is allowed to marry post divorce.
What is the problem?
People do think about pros and cons when marrying. Educated/ earning woman with capabilities of managing a home is most desirable. A woman who has good attitude and well mannered is most desired. It is the same for a man. It is upto each spouse to raise their value to be desirable. If not, marriage breaks. False claims and maintenance are not solutions.
Prenups solves a lot of the problems and prevent exploitation of either party.