The Centre has proposed amendments to the Dowry Prohibition Act which make it mandatory for couples to notify the gifts exchanged during the wedding. But some fear that this will encourage people to take dowry in the form of gifts and in the process legalise dowry.

Next time you attend a marriage function don't be surprised if your hosts on both sides enquire what gift you have brought and scribble it down in an affidavit.

Rendered desperate by the Indian penchant for dowry — and its often horrible consequences — the Union women and child development ministry has proposed amendments to the Dowry Prohibition Act that changes the definition of dowry and makes it mandatory for couples to notify the gifts exchanged during their wedding ceremony. The gifts have to be listed in a sworn affidavit, which must be notarised, signed by a protection officer or a dowry prohibition officer, and kept by both parties. Failure to keep such a list will invite heavy penalties including a three-year jail term for not only the bride and groom but also their parents.

Would these amendments convince people that marriage is not a commercial transaction, and a very unequal one at that? It's unlikely that it will change deeply entrenched mindsets, but will it act as a deterrent? To begin with, it is unclear whether the sworn affidavit also serves as a declaration that no dowry or gifts were demanded by the husband and in-laws. Also is the affidavit and the list of "gifts" not a way of legalising dowry? "The proposed amendments will make the Dowry Prohibition Act toothless as families are allowed to take dowry in the form of gifts," said Mr T. Pradyumna Kumar, senior advocate with 27 years of experience in domestic violence cases. If we look at it from other side, presenting gifts is common practice at birthdays, anniversaries, farewell parties and many other occasions, and the government has no right to infringe upon the rights of individuals by demanding to know what is given. The original Dowry Prohibition Act of 1961 itself legalises the illegal, after declaring that giving or taking of dowry is illegal, the Act adds ridiculous riders on the "return of dowry." Since the introduction of the Dowry Act in 1961, not a single person who admitted to giving dowry has been punished. Scores of persons alleged to be taking or abetting the taking of dowry have been arrested and been proved innocent after a trial lasting several years. Legal experts say that the existing Act must be correctly implemented. The proposed amendments also reduces the penalty for dowry givers from five years imprisonment to one year, and the Domestic Violence Act will be linked to the Dowry Act for quick relief to victims.

The definition of dowry is widened by changing the word "in connection with marriage" to "given before the marriage, at the time of marriage and at any time after the marriage." In case of a woman's death, all property obtained in the form of gift would go back to the parents of the woman or her children. But the question remains whether the reduction of penalty for dowry givers is really meant to eliminate the dowry menace?