It is illegal to demand dowry from anyone related to the bride or groom as a condition of marriage.
If you demand dowry you can be punished with jail time between 6 months and 2 years and/or fine which may go up to Rs. 10,000.
[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]
You are in a live-in-relationship if you cohabit, i.e. share a house with your partner without marrying him or her. It is considered a domestic relationship between an unmarried adult woman and an unmarried adult male who live or, at any point of time lived together in a shared household(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)). Unlike a marriage, a live-in relationship is not legally regulated.. For example, you do not have to register the relationship, and to end a live-in relationship, a divorce is not required, and you may end it in any manner you see fit.
A live-in relationships are considered valid under the law only if it is in the “nature of marriage” i.e. the relationship has some essential characteristics of a marriage, even if it is not legally recognized as a marriage. The courts, while pronouncing judgments on live-in relationships, compare them to marriages to determine whether the relationship has the characteristics of a regular marriage(( Indra Sarma v. V.K.V. Sarma (2013) 15 SCC 755.)).
Courts, through various cases(( Revanasiddappa v. Mallikarjun (2011) 11 SCC 1.)), have laid down the conditions for live-in relationships to be considered as relationships in the “nature of marriage”(( Badri Prasad v. Director of Consolidation (1978) 3 SCC 527.)). These are:
You and your partner must have voluntarily cohabited for a significant period of time, like months or years in a shared household. A few weeks,a weekend or a one night stand, does not count as a live-in relationship.
You and your partner should be socialising publicly with friends, relatives and others, as if you and your partner are husband and wife .
You and your partner should be able to qualify to enter into marriage i.e.neither of you should have a spouse at the time of entering into the relationship, and both of you should be above the legally valid age of marriage i.e. 18 years.
You and your partner must have a sexual relationship that includes emotional and intimate support2.
You and your partner have a financial arrangement similar to that of a husband and wife. For example, you have pooled in your resources together or financially support each other, such as through shared bank accounts, assets in joint names, long term business investments, etc.
If one of you, especially the woman, is entrusted with the responsibility to run the household and do domestic work – cleaning, cooking, upkeep of the house, etc. then this is a domestic arrangement similar to a marriage.
Common intention of the parties as to what their relationship is and their respective roles and responsibilities, primarily determines the nature of that relationship.
Having children is a strong indication that the nature of the relationship is similar to that of a marriage, and that the participants have a long-term orientation towards the relationship.
If the criteria given above are not met, then your relationship will not be a live-in relationship recognized by Courts.
Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.
This law prohibits anyone from doing or allowing any sex selection procedures.(( Section 6, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) It regulates every person who could be involved in the process of sex selection, including:
This post is also available in: हिन्दी (Hindi)
Any person who:
can be punished under the law.
For Example
Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam.
Scenario 1: When the broker is involved: If the exchange is facilitated through Yash, who is a broker, and Amrish files a complaint, then both Anupam and Yash can be punished under this law.
Scenario 2: When the groom is involved: If Raj is involved in the discussions of demanding dowry, then he will also be prosecuted if a complaint if filed.
Scenario 3: When the complaint is made by someone else: In case the complaint is made by someone else, or it comes to the knowledge of the authorities that an exchange of dowry has taken place, then all three parties i.e. Anupam, Yash and Amrish can be punished. If Raj was also involved in the discussions, then he can also be punished.
The punishment can be jail time for a minimum of 5 years. If the amount is below 15,000 then the fine will be Rs. 15,000. However, if the fine is more than Rs. 15,000 then the fine is equal to the amount of dowry exchanged. For example, if the dowry amount is 30,00,000, then the fine will be Rs. 30,00,000.
The law prohibits the following activities:
Conducting sex selection
Nobody, including infertility specialists, can conduct sex selection on a woman or a man or on both, by using any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.(( Section 3A, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
The law also prohibits anybody, including a relative or husband of a woman, from seeking or encouraging any sex selection procedures on either or both of them.(( Section 4(5), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Conducting prenatal diagnostic procedures
No place, including a registered centre, can be used by any person for conducting prenatal diagnostic procedures or tests, except for certain permitted situations.(( Section 4(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
The law also prohibits anybody, including a relative or husband of the pregnant woman, from seeking or encouraging the conduct of any prenatal diagnostic procedures or tests on her, except for certain permitted situations.(( Section 4(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Determining the sex of the foetus
Nobody, including a registered centre, can conduct any prenatal diagnostic procedures for determining the sex of a foetus.(( Section 6,Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide.
To know more about the law on abortion, please read our explainer.
Communicating the sex of the foetus
Nobody can communicate the sex of the foetus to the pregnant woman, her relatives or any other person, by words, signs or in any other manner.(( Section 5(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Selling machines for sex determination
Nobody can sell any ultrasound machine, imaging machine, scanner, or any other equipment that can detect the sex of a foetus to anyone not registered under the law.(( Section 3B, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
Advertising sex determination or sex selection facilities
Nobody can issue, publish, distribute or communicate anything online or offline about the availability of facilities of prenatal determination of sex, or sex selection, before conception.(( Section 22, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce.
The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at the time of your wedding, or someone from your family has paid on your behalf, or you personally know of someone who has had to pay dowry as a condition for marriage, any of the following options are available to you:
In case you have been coerced into paying dowry, you can still file a complaint against the offenders.
If you were forced to pay dowry and you complained to the police charges of the offence of dowry will not be brought against you.
[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]
Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. Given below is an indicative list of signs of domestic violence. You can get protection and go to Court if you, or any child in your custody, have faced any of the following acts(( Section 3, The Protection of Women from Domestic Violence Act, 2005; Form IV, The Protection of Women from Domestic Violence Act, 2005.)):
The Courts may recognize other acts of violence/abuse as domestic violence also, depending on your situation. If you are not sure whether you are facing domestic violence, you should get in touch with the Protection Officer of your district, a lawyer or any NGO or service provider who will be able to help you.
The law allows the use of prenatal diagnostic procedures in certain limited circumstances.
Prenatal diagnostic procedures can be conducted to detect chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, and other abnormalities or diseases in the foetus.(( Section 4(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))
To conduct such procedures to detect the above abnormalities, the written consent of the pregnant woman must be taken,(( Rule 10, Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.)) and at least one of the following conditions(( Section 4(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) must also be applicable. To conduct such procedures, it is necessary that:
If a prenatal diagnostic procedure is conducted after meeting these conditions, the person conducting ultrasonography on the pregnant woman must keep a complete record of it in the clinic as provided under the law.(( Section 4, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994)).
This post is also available in: हिन्दी (Hindi)
It is important to note that Mehr or Dower given during Muslim marriages is not the same as dowry. The exchange of Mehr that takes place is as per religious and customary practice, and is absolutely legal.
[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]
An act of domestic violence can happen anywhere. It need not always be confined to the house you are living in.(( Bipin v. Meera D.S. 2017 (1) RCR (Criminal) 479.)) Domestic violence can take place anywhere, like your place of employment or education, your child’s school, the marketplace, etc(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)).
You can file a complaint and with the help of a lawyer, go to Court to file a case against your harasser, regardless of where the domestic violence has happened.
Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.