Author: Avani Bhatia, Lovely Professional University
Despite the Dowry Prohibition Act of 1961 and subsequent amendments to the Indian Penal Code, the dowry system remains deeply entrenched in many parts of India. The practice of demanding and giving dowry as a condition of marriage continues to put immense financial burden on the bride’s family and has led to numerous cases of violence, abuse, and even deaths of women.
“Burning Bride” is also known as Dowry Death is a tragic practice prevalent in India. It involves the murder or suicide of a wedded married woman due to dissatisfaction with the dowry given by her family. If a woman dies within seven years of marriage due to burns, bodily injury, or any other unnatural circumstances, and it is revealed that she was subjected to cruelty or harassment by her husband or his relatives in connection with dowry demands, then her death is considered a dowry death.
On one side we promote Gender Equality and on the other side challenging Patriarchal Beliefs that devalue women. Gender equality advocates for equal rights, opportunities, and treatment for people of all genders. It seeks to eliminate discrimination based on gender and promote a society where individuals have the freedom to make choices without limitations imposed by stereotypes or societal norms. On the other hand, challenging patriarchal beliefs involves confronting the deep-rooted systems of power that prioritize men over women and perpetuate gender-based violence and discrimination.
In recent years, the courts have taken steps to address the misuse of dowry-related laws, such as Section 498A of the IPC. The Allahabad High Court, for instance, has expressed concern over the “growing tendency of dowry victims to rope in the husband and all his family members using general and sweeping allegations.” The court has proposed safeguards, such as the constitution of family welfare committees, to prevent the misuse of these laws.
In the recent case of Allahabad High Court where the deceased woman got married in June 2012. The case involved the death of Anita, who died under suspicious circumstances within 7 years of her marriage to Sandeep Singh Hora. Anita’s father Preet Pal Singh filed an FIR alleging dowry harassment and death against Sandeep, his parents Balvir Singh and Manjeet Kaur, and his sister Sonia. She was frequently harassed on the account of dowry demands on multiple occasions. Though the dowry was given as per the financial ability of the parents of the deceased, the demand for the motorcycle gold chain and ring could not met and she committed suicide in 2015. The court noted that the deceased had been subjected to cruelty and harassment in connection with dowry demands. Now husband is awarded with the life imprisonment for the offense under Section 304 B of Indian Penal Code.
In a significant ruling, the Supreme Court has held that divorced Muslim women are not barred from seeking maintenance under the secular provisions of the Code of Criminal Procedure, in addition to the rights granted under the Muslim Women (Protection of Rights on Divorce) Act, 1986. This judgment helps expand the legal options available to Muslim women facing divorce and destitution. Sociological studies have shown that the dowry system is deeply rooted in patriarchal attitudes and the subordinate status of women in Indian society. Factors such as women’s limited education, income, and health, as well as prevailing marriage customs, contribute to the persistence of the dowry system.
Addressing the dowry system requires a multi-pronged approach. While strong legislation is vital, it must be accompanied by rigorous enforcement, training of law enforcement, and efforts to change societal attitudes. Engaging with local communities, strengthening women’s rights, and providing economic and educational opportunities for women are also crucial to tackling the deep-seated patriarchal norms that perpetuate the dowry system.
In conclusion, if Patriarchy, Poverty, and lack of Education will continue, this horrific practice will continue. Poverty drives families to seek dowries, which FGM can increase, and limits their ability to access education and healthcare alternatives. Lack of education, especially for girls and women, prevents them from understanding the severe health consequences and human rights violations associated with FGM. Addressing these root causes through gender equality initiatives, poverty alleviation programs, and universal access to quality education is crucial to eradicating FGM.
FAQs
- How does the dowry system contribute to violence against women?
- What are the cultural and social factors that perpetuate patriarchal attitudes?
- What are the legal provisions to combat dowry-related violence?
