Dowry System in India

Abstract

The dowry system is prevalent in India from ancient times. Dowry can be defined as money, goods, or estates, which a woman brings to her husband’s home after the marriage. The system of dowry in marriages has been haunting society for a long time. The system of dowry was started so that the groom could take proper care of his bride using the money, goods, or property given as dowry.

In India, it is a common belief that a girl is a burden on the family and she is to be married off someday. The burden also increases because of the dowry system in society. Moreover, whenever a girl child takes birth, people start initiating long-term plans to pay off the dowry for her marriage. Such social norms in society always serve as obstacles in limiting a girl’s potential and differentiate her from a male child in matters of equality. This research paper is an attempt to investigate dowry law in general as a social matter.

Introduction

Dowry refers to the valuables, money, and other assets brought by the bride to her husband’s home on their marriage. Dowry system refers to the custom or cultural practice that involves giving away a large sum of cash, property, and other valuables at the time of marriage by the parents of the bride to the family of the groom.

In India, there is a custom of giving some gifts either in cash, gold, or both before and after the wedding to the bride and groom out of love and affection for the daughter as well as the husband of the daughter. It is also considered as blessings for the newly wedded couple so that it helps them in starting their new life. However, during the last three or four decades, the dowry system has become associated with the status of the family.

Now, it has become a compulsory custom to give money and gold to the groom’s family. This has given birth to the dowry system. It is a social curse, which has gone unchecked, though time and again it has tormented people in general. The greed for money and having a high social status for one’s family has given birth to this social evil. It has become the root cause of suicides and murders of brides. Brides are burnt if their family has not given dowry or if the dowry has been given but is not satisfactory for the groom’s family.

Different communities have different marriage customs, but the custom of giving dowry and taking dowry is common for all communities. Because of the dowry system, unmarried girls are differentiated based on the prices of their dowry. It is an example of greed and selfishness and it is a great curse, especially for parents who belong to the middle class and below middle class.

Moreover, the dowry system paves the way for other crimes against women like female foeticide, female infanticide, dowry death, and cruelty by husband and his relatives.

History of the Dowry System

The dowry system comes into light from the British period and colonization in India. In those days, dowry was not considered “money” or a “fee” that the bride’s parents had to pay. Dowry in the old times was given so that the daughter was protected from ill-treatment by her husband and his family. Dowry also helped the bride and groom to establish their life after marriage.

When British authority came into effect, however, women were not allowed to own property. They were also not allowed to purchase land or any kind of assets. As a result, males started to take possession of all the gifts given to the bride by her family. During the British period, the dowry system was made compulsory which brought a lot of financial stress and pressure on the bride’s family.

Causes of the Dowry System in India

1. Social status: In India, losing a marriage from the bride’s side is considered a matter of shame for the family. Therefore, regardless of the financial condition of the bride’s family, they are forced to give dowry in order to save their social status.
2. Greed: The groom’s family always expects a large sum of money, gold, or other assets from the bride’s family as compensation for the groom’s education and wealth. People nowadays marry their sons to families that give a good amount of dowry. This shows marriages are done for greed and not for happiness.
3. Weak implementation of anti-dowry laws: Laws like the Dowry Prohibition Act of 1961 and the Protection of Women from Domestic Violence Act, 2005 exist, but they are poorly enforced. As a result, demands for dowry persist.
4. Lack of education: Many Indians are not well educated and unaware of the laws against the dowry system, leading to mistreatment of brides and financial pressure on families.

Laws Prohibiting Dowry in India

• The Dowry Prohibition Act, 1961: Enacted on May 1, 1961, this Act prevents the giving and taking of dowry. Any person who engages in dowry transactions is punishable with imprisonment of at least five years and a fine.
• Bhartiya Nyaya Sanhita, 2023: Section 80 deals with dowry death, prescribing imprisonment of up to life for such crimes. Section 86 addresses cruelty by the husband or relatives, with imprisonment of up to three years and fine.
• Bharatiya Sakshya Adhiniyam, 2023: Section 118 presumes dowry death if a woman is harassed for dowry before her death.

Case Laws

Arjun Dhondiba Kamble v. State of Maharashtra (1995): The Court held that dowry means any demand for property or security linked with marriage.

Bhoora Singh v. State of Uttar Pradesh (1992): The in-laws burnt their daughter-in-law alive. The court declared it as dowry death.

Pandurang Shivram Kawathkar v. State of Maharashtra (2001): The Court held that mere demand of dowry is punishable even if made in the name of rituals or ceremonies.

Rajeev v. Ram Kishan Jaiswal (1992): The Court held that any property given by the bride’s parents in connection with marriage constitutes dowry.

How Can the Dowry System Be Stopped?

The dowry system is a social evil that needs to end. Every girl should go to her in-law’s house with pride. The first step is to start from home by treating boys and girls equally, providing equal education, and ensuring equal opportunities. Girls should feel independent in their thoughts and actions.

Awareness campaigns, voluntary organizations, civil marriages, and youth movements are needed. Eradicating the dowry practice will give equal rights to women and boost their confidence, leading to the growth of family, society, and nation.

Conclusion

Dowry is deeply embedded in the social fabric of India, driven by patriarchy, consumerism, and financial dependency on males. Raising social consciousness is the first step to abolish it. The media can play a proactive role in awareness.

Several legislations exist, but stricter enforcement is needed. Parents should remain vigilant after their daughters marry, watching for signs of abuse or depression. Strict action and timely support can save many women from dowry-related tragedies.