Academic literature on the topic 'Dowry (Hindu law)'

In the context of the current debate around enactment of a Uniform Civil Code (UCC), there seems to be a tacit acceptance that the codified Hindu family law will form the base of such a code. In this context, it has become necessary to examine whether the codified Hindu law, applicable to around 80 per cent of our population, has helped to bring about social transformation and change gender relationships. 1 At times, the continuation of the Hindu Undivided Family property is perceived as its main lacunae, but the discriminatory aspects of the Hindu cultural ethos which dominate the Hindu law of marriage are seldom held up for scrutiny. The ritual of kanyadaan; the notion that girls are paraya dhan; the pious obligation of a Hindu father to marry off his daughter which then gives boost to dowry; the view that Hindu marriages are sacramental and the accompanying pati-parameshwar concept; the premium placed on virgin brides which pressurises parents to perform child marriages and so on still dominate our social ethos and judicial discourse.

One may argue that it [i.e., dowry] is nothing but a gift of love and affection by the bride's father who is not obliged to give any share to his daughter by birth. Now, however, the law of succession has been changed, giving equal right of inheritance to the daughter along with the son under the Hindu Succession Act, 1956.

The remedy of restitution of conjugal rights (RCR) has its roots in canon law. It was incorporated into Muslim, Hindu and Parsi personal laws through the judgements of the Judicial Committee of the Privy Council during the British colonial period. It has been abolished in the United Kingdom in 1970 when a Law Commission report found it ineffective in saving marriages. In South Asia, however, this remedy is still available despite constitutional challenges to it before superior courts. The Federal Shariat Court refused to declare this remedy invalid in its judgements reported in 2016. This is despite the fact that far from saving marriages, this remedy is routinely abused by husbands as a countermeasure in response to suits of maintenance, custody of children, recovery of dower and dowry, and dissolution of marriage. Devoid of any Islamic basis, the RCR remedy violates the right to liberty, privacy, and equality as guaranteed under the Constitution of the Islamic Republic of Pakistan 1973 and should be declared illegal and unconstitutional.

English: The article presented describes the marriage (nikah) divorce, multi-marriage Shariah and Indian constitution due to the religious trends of the Muslim class in Indian society. India is a sovereign, socialist, secular, democratic republic with a parliamentary system of government. In the republic of the same parliamentary system, in the present time, the right of Muslim women to be violated, in the form of divorce, in the form of divorce, and there is no more dowry, the main reason for such exploitation is lack of proper and complete knowledge of religion. , Wrong use of the rule of Sharia law is to be superstitious and orthodox and to not give legal form to marriage with very important religious marriage. The articles presented are based on Purnataya Second type of information like - Islamic book, Indian constitution, newspaper, website of Ministry of Information and Broadcasting (Government of India) etc. Hindi: प्रस्तुत लेख में भारतीय समाज में मुस्लिम वर्ग के धार्मिक प्रवृत्तियों से हो रहे विवाह (निकाह) तलाक, बहु विवाह शरीअत एवं भारतीय संविधान का वर्णन किया गया है। भारत में संसदीय प्रणाली की सरकार वाला एक प्रभुसत्ता सम्पन्न, समाजवादी, धर्म निरपेक्ष, लोकतंत्रात्मक गणराज्य है। उसी संसदीय प्रणाली की सरकार वाले गणराज्य में वर्तमान समय मुस्लिम महिलाओं के अधिकारों का हनन कही निकाह के रूप में, कही तलाक के रूप में तो कही दहेज अधिक न मिलने के कारण इस प्रकार के शोषण का मुख्य कारण धर्म का सही और पूरा ज्ञान न होना, शरीअत कानून के नियम का गलत प्रयोग अन्धविश्वास एवं रुढ़िवादी होना एवं अत्यन्त महत्वपूर्ण धार्मिक विवाह के साथ ही साथ विवाह को कानूनी रूप प्रदान न किया जाना है। प्रस्तुत लेख पूर्णताया द्वितीय प्रकार की सूचनाओं पर आधारित हैं जैसे - इस्लामिक पुस्तक, भारतीय संविधान, समाचारपत्र, सूचना एवं प्रसारण मंत्रालय (भारत सरकार) की बेवसाइड इत्यादि।

The present study is about inhuman crimes which has its origin from dowry. It enables a detailed discussion on the timely interference of a judiciary which was considered as a new dimension in developing women's rights against exploitation in the name of dowry. The objective of this paper was to study about the aftermath ill effects on the victims of dowry offences and continued significance of such draconian practice even in modern era. The word dowry is almost synonyms with indian women. Dowry is considered as a sacramental and indispensable custom of marriage especially in Hindu religion which turned into an illegal practices of the society due to its inhuman nature.According to manu shastra ,women were regarded as lower class of people which denotes that they were undeclared slaves of such patriarchal society and such society never let women for observance of equality in marital relationship. In addition to that women's dignity is oppressed and questioned by such draconian practices like dowry. Shortcut of dowry indicating low status for women. Ineffective implementation of stringent laws which curbs death deaths indicates the deficiency of government machineries in protecting women’s life. It also makes an attempt to investigate the legal instruments which related to the prohibition of dowry in India. The information acquired from this study show that Dowry Prohibition Act, 1961 took its significance and authority from section 498-A and section 304-B which was enumerated in Indian penal code, but Article 51-A of the constitution remains ineffective because such provisions were never considered as an enforceable before a court of law as it was lies in directive principles of state policy which will not bind any government machineries and it was merely a discretionary provision .In recent trends, education is considered as a tool for increasing their bargaining power in dowry negotiations instead of providing social awareness.Judiciary should ensure effective government machinery to implement the stringent laws along with the legal punishment, to do away with this evil practice. the purpose of this study random sampling method has been used There are a total of 1489 samples collected with regard to this study .

The paper analyses the problem which is relevant both theoretically and practically, since it tries to disclose family as an economic institution credited with important financial advantages, and it provides different economic and social benefits such as tax exemptions, inheritance, child and spouse maintenance, social security and immsigration. This position is revealed analysing the regulation of legal property relations between spouses by laws, various scientific and legal literary works related to this topic as well as court practice.At the moment of marriage commencement, property relations used to acquire a significant value in a major part of traditional societies: in some countries, bride’s parents would award their daughters with dowry, the size of which very often determined the groom’s choice; in other countries, especially in the East, a groom would pay a ransom for his bride. In some countries such customs are extant to the present day and constitute a traditional part of a marriage settlement. In different cultures the bride’s parents must give away part of their property to the newlyweds (known as a dowry). The dowrygiving practice is similar in such countries as Greece, Egypt, India, and China. The type of property called wife’s property exists in the countries of different religions and customs. For instance, the Hindu law entitles the wife’s property as Stridhanam.

Marriage (nikāḥ) in Islamic law (sharia), is a legal and social contract between two individuals. It is an act of Islam and is strongly recommended. In Islam Polygyny is permitted under some conditions, but polyandry is forbidden. Economic growth and mass media revolution brought a drastic change in Kashmiri society especially in the field of marriage and family life. Economic prosperity enables people to consume more goods and services and enjoy better standards of living. The traditional marriage system in modern times is disappearing slowly. In traditional marriage system, one requires the families of the future bride and groom to engage in ritual visits and exchange gifts. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected). In Kashmir, marriage are performed in various ways and under various religions such as Muslim, Hindu, Sikhs, Christians, etc. In modern times every family member is considered important and is supposed to play his/her role In this context the present research carried out in Kashmir is designed to study the traditional marriage in Kashmir and approach of Kashmiri youth towards marriage as well as family life. Four hundred unmarried educated youth belonged to the age group of 20- 25 years studying in different academic institutions of Kashmir were selected randomly for the present study. The data was collected by questionnaire cum interview method and the results of the study revealed that majority of the respondents agreed with the statement marriage is essential for human life. Majority of the respondents opined that 20-25 year is the suitable age of marriage. In majority, arranged marriage was preferred by (57.5% male and 63.5% female) respondents, a good percentage of respondents (65.5% male and 57.5% female) were against dowry system and a little percentage of respondents believe that dowry helps in getting good match. Majority of respondents (53.5% male and 41.5% female) gave more importance to career than marriage which results in thousands of youth without marriage above the age of 45 years. The study further revealed that majority of the respondents showed positive approach towards family life, wanted to work more after marriage and majority of respondents had confidence that they could make balance between work and family life after marriage. Majority of the respondents during survey told that adjusting, sacrificing, loving and tolerance are the best qualities to lead a good family life. Finally, balanced diet to manage happy married healthy life and solutions to issue related marital life in traditional as well as in scientific system were discussed. It was suggested that for happy healthy married life one should live a pious life, stop stressing over life, follow health advisory, avoid fast foods, unnecessary fatty diet, deep fried foods. spicy, salty and Junk food.

Abstract In September 1987, in a village in India’s northwestern province of Rajasthan, an eighteen-year-old woman, Roop Kanwar, died in the funeral pyre of her 24-year-old husband, apparently in an act of exemplary devotion to her husband and to a Hindu practice supposedly hallowed by creed and custom. The couple had been married for less than a year. A photograph of the funeral shows a smiling Roop, bedecked in her wedding outfit and holding on to her husband’s body as the flames rise around her. The picture was widely distributed all over Rajasthan to prove the triumphant survival of an ancient tradition-namely, the voluntary choice of self-immolation as the highest wifely duty, one that ensured for the wife the ultimate accolade of a sati, a wife wholly dedicated to her husband. The word sati means a woman who is virtuous and truthful and, as an extension of the term, a woman who is chaste and totally devoted to her husband. After Roop Kanwar’s death, which was witnessed by thousands of worshipful supporters, including large numbers of women chanting Roop’s praise, she was virtually deified by those who organized the event. It was, they claimed, an entirely voluntary act and one that reiterated the ancient values of Hindu society and rediscovered the power of spiritual and physical self-sacrifice that, in their view, is at the core of the Hindu religion and elevates it above all others. Soon, however, this view of noble self-sacrifice was questioned. Roop Kanwar was said to have been in a drugged state and the famous photograph a fake. The ecstatic smile the crowd saw on her dying face was suspected to be the rictus of death. Her death took place without the knowledge of her parents, who learned of it from newspaper reports. Her in-laws were found to be earning enormous sums from worshipers at a shrine erected to Roop on their property, where they had held the funeral instead of at the public cremation site. Most telling of all, local custom would have allowed the widowed Roop to return to her parents’ home with the very substantial dowry that she had brought as a bride.