ABSTRACT
The dower system has existed in India for a very long time. The dowry, which may also consist of property, is the amount of money given to the boy or their family upon marriage. The system of dowries has its roots in antiquity. By giving the groom money at the wedding so he could take good care of his bride, it was meant to elevate both sides of the family. Even while dowries are still utilised in society today, their significance has changed with time. Nowadays, the dowry system is beginning to look like business to many castes. The dower agreement is beginning to weigh heavily on the bride’s family. This failure often results in the marriage being quickly cancelled if the boy’s side’s demand is not met. As we can see, dowries are growing more and more important for the groom, especially in countries like India. The government outlawed the receipt of dowries in 1961, effectively ending this reprehensible social custom. Any presents of money or property from the bride’s side should have been received, but that never did.
The dowry system is one social custom that contributes to the oppression, torture, and murder of women in India. The practice of providing a dowry is customary in communities where arranged marriages are prevalent. Violence may occur if the recipient believes the bride price or dowry is inadequate. In the last thirty years, not much has changed, even though the practice is prohibited in India.
Despite the efforts of the Indian government, social activists, and feminist organizations in India, not much has changed in the last ten years, according to a recent review of the literature. In fact, the problem has gotten worse, leading to an unprecedented level of mortality and morbidity among Indian women.
KEY WORDS
Violence associated with dowries, Violence against women, rights of women, Indian culture, Customs and traditions and Inequality of gender.
RESEARCH METHODOLOGY
The study is concentrated on the social, economic, cultural, and religious facets that impact woman’s rights and the causes of the disparities that women who are dowry victims face. To completely understand this study, one must grasp the specifics of dowry offenses that create major barriers to a happy and healthy family life at home. Crimes and violence against women are significantly increased by widespread issues in religion, caste, conflict, culture, and revivalist movements.
REVIEW OF RELEVANT LITERATURE
As the literature review has thoroughly investigated, gender concepts are inevitably hierarchical in nature. They are often defined by a male-dominated cultural ethos to the extent that women even identify them as “good” or “right” in relation to their culture. Discipline boundaries in social science are required in such a situation in order to produce impartial, fact-based, and practically-focused research. This wide, multidisciplinary, and action-oriented conceptual framework has been used to the current study.
There has been much debate among scholars over the origins of dowry, its permissibly or prohibition by the shastras, its essentially to Kanya dan, and its distinction from streedhan. In contrast to “stradhan,” which refers to a woman’s wealth, which includes things like jewellery, clothing, gold, and other items that are hers to use after marriage, the term “dowry” is generally understood to refer to the wealth that a woman inherits when she marries into her husband’s family. The belief that a daughter is a “parayadhan,” something that can be passed from one family to another, is strongly linked to the tradition of offering dowries. This is the primary cause of the reluctance among many to allow daughters to inherit real estate.
Dower, or Dahej, is one of the profoundly embedded societal issues in our culture that is expanding at a never-before-seen rate. There is no denying that modern people reject it, yet the customs differ by area, caste, and religion. Although determining the precise cause is challenging, the following is a list of considerations to get you started: Male dominance, religious obligations, caste and creed rules, ignorance, lack of formal education, conservative thinking, the urge to display social position, woman’s poor standing, a false feeling of prestige, and ignorance are some of the elements that contribute to society’s greed.
INTRODUCTION
The Dowry Prohibition Act of 1961 in India defines dowry as any property or valued security given or agreed to be given, directly or indirectly, to the other party in a marriage, or by the parents of either party. Dowries are an integral part of marriage as a cultural ceremony in India, where arranged marriages are customary. The World Health Organization (WHO) states that a major contributing factor to intimate partner and physical violence against women is deeply rooted cultural norms. Indian ladies suffer when the groom and his family believe that the bride price or dowry is inadequate.
A dowry is a gift—either material or monetary—that the bride’s family gives to the groom or his family at the time of the marriage. The related concepts of dower and bride price are not the same as dower. The cash that the bride’s family gives the husband is known as the dowry, whereas the money that the bride or her family transfers to the groom and his family is known as the bride price or bride service. In a similar vein, dower refers to the property that the bride inherits from her husband at the moment of marriage and that she is still responsible for maintaining.
The maltreatment, torture, and murder of women are encouraged by cultural customs such as the dowry system. In India, not much has changed in the last thirty years despite the fact that the practice is prohibited, and it seems that violence against women carried out under the pretext of dowries is becoming more common.
In a 1999 speech at the Inter-Agency Video conference for a World Free of Violence Against Women, UN Secretary-General Kofi Annan referred to acts of violence against women as “the most shameful” of all human rights breaches. Despite the fact that violence against women can take many different forms, the World Health Organization has categorized it into behaviorally defined categories, such as physical violence and violence in intimate relationships.
CAUSE OF THE DOWRY
In India, dower is influenced by a number of factors:
Financial Components: The dowry system is the result of several economic factors. These include inheritance laws and the bride’s financial status. A few suggestions draw attention to poor leadership and economics. According to some theories, the reason why women are less likely to inherit is due to economics and insufficient laws that only permit males to inherit. Women thus grow dependent on their husbands and in-laws, who keep the dowry after marriage. Prior to 1956, daughters were prohibited from inheriting anything, even under the British Raj. Women were disadvantaged by this because only sons were permitted to inherit. Women thus grow dependent on their husbands and in-laws, who keep the dowry after marriage. Even during the British Raj, girls were not permitted to inherit their family’s wealth prior to 1956. Females and boys of Hindu, Sikh, and Jain families were given equal legal standing under the Hindu Succession Act of 1956. Despite the new laws on inheritance, the dowry system still exists, allocating parental property to a daughter through a social process at marriage instead of a protracted, court-supervised process under the Hindu Succession Act (1956). The dowry has become a major financial burden for many families, sometimes even bankrupting them, as a result of the groom’s demands. The need for dowries has increased throughout time.
Social factors: The marriage structure and kinship ties have an impact on the dowry in some regions of India. The patriotically system governs marriage in the north, where the bride is a non-related relative who resides with the husband’s family. Perhaps as a form of premortem bequest, the bride’s family is excluded after marriage, which is why this arrangement encourages dowries. In the South, a bride’s marriage is usually celebrated in her family’s presence, either physically nearby or with close relatives or cross-cousins. In addition, brides may inherit land, which raises her status in the marriage and lessens the need for a dowry over the bride price system. In addition to marriage conventions that may influence dowry, social norms and rituals, as well as parents’ expectations surrounding dowry, are important factors to take into account. A 1995 study found that dowries are still often used even if people’s opinions on them are changing. Women in India still have a lower standing in their families, despite improvements in woman’s rights.A woman’s level of control over her marriage and the dowry system are influenced by a number of significant factors, including her income, education, and health.
Religious considerations: Dower is not connected to any specific faith in India. Among Muslims and other religious communities, it is typical. For example, Indian Muslims use the term jahez-e-fatimi to justify the habit of dowries. Islamists split the Jahez region into two categories: A few essentials for the bride’s wardrobe and married life are included in the first. The other includes clothing, jewels, priceless objects, and a specific amount of cash for the groom’s family. Often, the cost of the jahez is far higher than the cost of the baraat and wedding celebrations. The jahez is not the same as the Mahr, or dower, monetary payment mandated by Sharia Islamic law.
DOWRY IN THE MODERN ERA
In contemporary India, it was customary for the bridegroom’s family to send gifts or money to the bride’s family following their marriage. Dowries are not always common depending on the area and social level. States in the north are more likely than any other class to have dowries, and these dowries are more likely to be in the form of movable and tangible goods. In the South, bride prices are more frequently given in the form of land or other inherited possessions. This approach, which is based on the social structure of marriage, keeps marriage inside or close to family relationships.
Dower likewise varies based on economic class in India. Upper class households are more likely to use the dowry system than lower class families are. This could be related to the financial exclusion of upper class women from the workforce.
When the dowry first emerged during the Vedic era, it was essentially taken up by the upper castes to support the bride, as she was not permitted to inherit property by Hindu law.The bride’s family responded by giving the groom a dowry that would be registered in her name.In Sanskrit, this dowry was referred to as the stridhan, or property of women.Another notable distinction is that the upper castes practiced dowries, whilst the lower castes practiced bride prices as a way to offset the loss of income for their families.
Indian households no longer offer bride prices, and in the current era, the concept of dowry has evolved.This is because, over time, dowries supplanted bride prices as the main mechanism of transfer.As part of the modern dowry custom, the bride’s family must send items to the groom’s family as payment for the marriage.
As part of this reciprocal “give-and-take,” the groom’s family frequently makes an effort to clearly define expectations regarding the quantity of each present and the dowry. The element of coercion employed on the bride’s family in these circumstances is thought to be the source of the threat posed by dowries in modern times. Rather than the presents that are freely offered to the bride and groom, the term “dowry” refers to what is taken from the bride or her parents.
TYPES OF DOWRY CRIMES
Recently married women may become victims of dowry-related violence because of their close social and financial relationships to their husbands.Sometimes, dowries are used as a type of blackmail or hostage situation to force the bride’s family to part with more assets.This is demonstrated by newlyweds, who are the most vulnerable in this situation.When there is a threat or actual use of violence in dowry crimes, the bride’s family might be required to make additional financial contributions in order to protect their daughter.The northern and eastern regions of India have greater rates of dowry-related violence.
Fraud: The problem of Indo-Canadian males exploiting the dowry system was made public in 2005 by the documentary Runaway Grooms in Canada. These men would fly to India under false pretenses to get a new wife, but as soon as they got their hands on her dowry, they would desert her and come back to Canada without her.
Cruelty: Torturing or harassing a woman to get her to comply with a demand for valuable security or property is known as a dowry crime. A verbal or physical assault or other type of harassment may be used as a form of cruelty to force the woman or her family to comply with dowry demands. The anti-dowry laws of India make it illegal for a woman to take her own life, which is often the result of abuse.
Domestic violence: Domestic violence encompasses a broad spectrum of aggressive and menacing actions, including coercion, intimidation, isolation, and physical, emotional, and sexual assault. Laws such as the Protection of Women from Domestic abuse Act, 2005, safeguard woman’s rights and reduce domestic abuse.
Abatement to suicide: If the woman continues to experience abuse and threats of harm from her spouse and his family, she may consider suicide. In rare cases, abatement of suicide—which includes any intentional acts or efforts to advise, encourage, or assist someone in committing suicide—may even be included in the definition of dowry crime. The impacts of dowries can make a woman feel helpless and weak, which can culminate in abuse and psychological misery. Maltreatment related to dower leads to suicide, depression, and emotional distress. Aiding and abetting suicide is a serious felony since the accused often raises the argument that the victim committed suicide, even though this isn’t always the case.
Dowry murder: The murdering or suicide of a bride by her husband and his family after the marriage because they were unhappy with the dowry is the reason for dowry murders and dowry killings. It is typically the final in a series of past crimes that the wife’s family has done against her. Most dowry killings occur when the young woman, having had enough of the abuse and harassment, ends her own life by hanging herself or poisoning herself. Another kind of dower death is bride burning, in which the husband or his family douses the bride in kerosene and sets her ablaze. Occasionally, the encouragement to commit suicide may result in the bride burning herself alive.
LAWS AGAINST DOWRY
The first piece of dowry-related legislation to be entered into the Indian law book was the Dowry Prohibition Act, 1961, which took effect on July 1, 1961. It marked the beginning of a new set of rules known as “dowry harassment laws,” which made it illegal to give, accept, or demand dowries. It is customary in many regions of India for a husband to ask the wife’s family for a dowry, even though it is illegal to offer one. Occasionally, this results in extortion and violence against the woman.
In an effort to strengthen the anti-dowry legislation and stop husbands or their relatives from assaulting their wives, Section 498A of the Indian Penal Code and Section 198A of the Penal Procedure Code were added to the Indian penal code in 1983. The Protection of Women from Domestic Violence Act, which was passed in 2005, added another layer of protection against dowry harassment. The changes to Indian criminal law, though they have been in place for a while and show that politicians are making a genuine effort to outlaw crimes involving dowries, have largely been seen as ineffective.
DOWRY PROHIBITION ACT, 1961
The Dowry Prohibition Act of 1961 consolidated the anti-dowry laws that several states had previously passed. According to Section 3 of this legislation, it is illegal to give, accept, or assist in the giving or receiving of dowry. The punishment could be as much as ₹15,000 or the amount of the dowry received, whichever is greater, along with a minimum of five years in prison. The Act defines dower as any property or valued security granted or agreed to be granted in connection with the marriage. When gifts are offered during a marriage ceremony without any conditions attached, giving or receiving dowry has no legal ramifications.
The Act states that asking for dowry, directly or indirectly, will result in a penalty that carries a minimum jail sentence of six months and a maximum sentence of two years. The punishment for doing so is ₹10,000. Any dowry acquired by someone other than the wife should be delivered to her, as dowry agreements are void from the start. It is the accused parties’ burden of proof, not the victim’s or her family’s, to show there was no crime. The Indian government used the authorities granted by the Act to accomplish its purposes and produced the Maintenance of Lists of Presents to the Bride and the Bridegroom Rules, 1985.
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
The Protection of Women from Domestic Violence Act, 2005 (“Domestic Violence Act”) was created to provide Indian women with a civil law remedy for protection from abuse in the home. The Domestic Violence Act is a part of the anti-dowry statutes and includes all forms of abuse, including financial, emotional, sexual, physical, and verbal abuse, to the extent that it leads to domestic violence. Section 3 of the Domestic Violence Act addresses any form of abuse, harassment, or harm inflicted upon a woman with the intention of coercing her into complying with an unlawful demand for dowry.
CASE LAWS
KUNJU MOIDEEN VS. SAYED MOHAMME AIR 1986 Ker 48.
In this case, the money that the Mohammedan gave to the prospective bridegroom as part of the daughter’s marriage to buy property in the daughter’s and her future son-in-law’s joint names was ruled not to qualify as a “dowry” under section 2. Therefore, for the giving or taking of property or valuable security to take place, there must be some sort of connection between the marriage of the parties and the giving or taking of property or valuable security.
GOPAL REDDY V. STATE ANDHRA PRADESH AIR 1996.
In this instance, it was decided that the funds the Mohammedan donated to the would-be bridegroom as part of their marriage in order to purchase real estate in the joint names of the daughter and her future son-in-law did not meet the requirements for being considered a “dowry” under section 2. Therefore, there must be some kind of relationship between the parties’ marriage and the giving or taking of property or valued security in order for the giving or taking to occur.
Yashoda and another v. State of M.P AIR 1997.
According to the Supreme Court in this case, if the abuse or harassment happened soon before the woman passed away or was brought on by or in conjunction with a dowry demand, the presumption will be raised.
GOALS FOR THE RESEARCH
- To investigate the situation of the Indian dowry system at the moment.
- To ascertain the reasons behind the dowry practice in India.
SUGGESTIONS
The parents don’t think their daughters’ education is important enough since they think their husbands will take care of them in the future. The social classes with lower incomes, who send their daughters to work and earn some money to help them save for their dowry. While middle-class and upper-class homes send their daughters to school, they don’t emphasis professional choices. The wealthy parents’ willingness to help their daughters till marriage and their ability to provide a sizeable dowry. Thus, freedom and knowledge are two powerful and priceless gifts you may give your daughter. She will be able to provide for the family and sustain herself financially as a result, gaining her respect and rightful place. Therefore, a solid education and encouragement to pursue her chosen career are the best dowries a parent can give their daughter.
CONCLUSION
Bride prices and dowries dehumanize and denigrate women in India. It is true that the more coercive character of the dowry has reduced woman’s status. However, contrary to popular assumption, women in castes and communities whose bride prices and dowries are paid for them do not enjoy a higher status. While laws are necessary to uphold fundamental rights and penalize those who violate them, a more all-encompassing approach is needed to address the problem of violence against women, especially in the context of dower and bride prices. Speak up against dowries, as this is evident to all. Refuse to provide or receive dowries.
The misuse of dowries is growing more prevalent in India. bride burning at its most extreme, in which women are burned because their husbands or in-laws don’t believe their dowries are sufficient. Most of these incidents go unreported as accidental cooking burns or as suicide attempts. It is clear that India harbors pervasive prejudices against women. Customs such as dowry payment tend to marginalize women in Indian society. In 1961, DOWRY was outlawed, but it is still taken from the bride’s family prior to marriage. Brides who receive a meagre or nonexistent dowry sometimes face discrimination, harassment, and assault.
FALAK HUSSAIN.
AMITY UNIVERSITY KOLKATA.
