Optional Grouping: Definition & Rights

How do you seek medical treatment?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.]

The medical process for the treatment of acid attack survivors is:

Step 1: First Steps and Immediate Treatment

The survivor should be rushed to the nearest hospital to receive immediate medical treatment. The treatment must be provided free of cost.(( Section 357C, Code of Criminal Procedure, 1973.)) First aid must be administered and the survivor needs to be stabilized. Legal action can be taken against any hospital that refuses to provide medical assistance to the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Step 2: Medical Treatment of Survivor

Once the survivor has received primary treatment, they may then either be shifted to a specialized hospital for further treatment or treated in that same hospital, if they have the facilities to do so.

Step 3: Medical Certificate for Survivor

The hospital where the survivor is first treated should provide the individual with a certificate stating that the person is a survivor of an acid attack. This certificate may be used for treatment and reconstructive surgeries or any other state government or Union Territory schemes that the person may wish to avail of.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [37].))  Further, it must be attached to the application for claiming compensation under the Victims Compensation Scheme.

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

You have a right to any property given as dowry to your husband and his family.

There is a duty on a person who receives the dowry, to hand it over to the bride itself.

If you fail to do so, you can be punished with jail time anywhere between 6 months to two years and/or fine between Rs. 5,000 and Rs. 10,000.

There are different guidelines on this based on when the property was received by your husband or in-laws.

For Example, Raj and Simran get married on August 20th. Simran’s father has given a new house as dowry to Raj’s uncle, Aman in connection with the marriage. In this case, Aman must give it to Simran otherwise he will be punished under the law.

  • If the property was received before the wedding, then Aman must give it to Simran within 3 months of the wedding (before 20th November)
  • If the property was received on the day of the wedding or after, then Aman must give it to Simran within 3 months from the date on which he received it.
  • If Simran was below 18 at the time of her wedding, then Aman must give the car to Simran within 3 months of her turning 18. Aman must keep it in trust for her till she turns 18.

If you die before taking possession of the dowry/property, then your heirs can claim it from your husband or in-laws.

If you die within 7 years of the marriage, then the property will be transferred to your children. It will be held in trust for them until they are 18. If you have no children, the property will go to your parents.

Ban on Advertising for Dowry

This post is also available in: हिन्दी (Hindi)

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished with the same punishment.

The punishment for both the person advertising and the person who prints or publishes the advertisement is jail time between 6 months and 5 years, or fine upto Rs. 15,000.

Maintaining A List Of Gifts During Marriage

This post is also available in: हिन्दी (Hindi)

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.

Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not be excessive. If it is excessive, and there is an element of coercion, it will be dowry. This will be decided based on the financial status of the person by whom, or on whose behalf, such presents are given.

Groom: The groom can give any type of present not restricted by custom.

It is necessary for both, the bride and groom, to make separate lists of the gifts they received at the time of the marriage from any person with the following details in it:

  • A brief description of the present
  • Approximate value of the present
  • Name of the person who gave the present
  • Relationship of the person giving the present to either the bride or the groom, as the case may be. This list may include all relatives who give gifts to the bride or bridegroom.

There is no punishment for not making this list. However, the law does prescribe that the list should be made. This is because it will be assumed that you have not taken dowry if you have made a list of presents received at the time of the marriage.