Dowry is one of the most persistent social problems in Bangladesh, associated with harassment and violence and even suicide among women. The Dowry Prohibition Act, 2018 was passed to close loopholes in the previous 1980 law and set clearer, more stringent penalties.
What a Dowry Means To The Law
Dowry is defined in section 2 of the Act as any money, goods or property given or agreed to be given by one party to a marriage to the other, either at the time of the marriage, or before, or as a condition of the continuation of the marriage. This definition excludes Mehr under Muslim personal law and voluntary gifts from relatives or well-wishers.
Acts Constituting Violations
Section 3
- Demanding dowry, directly or indirectly, from either side of marriage
- Giving, Receiving or Abetting the giving or receiving of Dowry (Section 4)
- Entering into any agreement for giving or taking dowry which the law declares to be void (Section 5)
Section 6
False complaint of dowry with intent to harass innocent party
Anyone who asks for, gives or receives dowry can be punished with imprisonment for a minimum of one year and a maximum of five years and a fine of up to Tk 50,000. Under related provisions, forcing a woman to commit suicide over dowry demands or inflicting serious injury attracts much heavier sentences.
Main Features Of The Act
Offences under this law are cognizable, non-bailable and compoundable. That means the police can arrest an accused person without a warrant, bail is not automatic, and the parties can settle the matter outside court if they wish.
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How to Make a Complaint
- The dowry offences are cognizable. So go to the nearest police station and lodge an FIR.
- Or file an application directly to the local Magistrate’s Court under the Code of Criminal Procedure
- Keep any evidence of dowry demands, such as messages, witness statements or financial records, to support the complaint
- The National Legal Aid Services Organisation is available to those who cannot afford private counsel.
- Local union offices and women’s rights organisations can also assist in guiding complainants through the process
A Law Still Finding its Feet
The 2018 Act did increase penalties, but legal experts have criticised the fact that false complaints are also punishable to the same extent, and this may dissuade victims from coming forward. It is still necessary to be aware of the protections as well as the procedural steps for the law to function as intended.
