After having completed the strenuous job of writing this dissertation my heart is so glad and it over flows with gratitude first and foremost, I thank the almighty God for being at my side and showering His blessing upon me.
I can really feel in the corner of my heart singing in gratitude to my moderator, Rev.Fr. Mathew Kalathungal, professor of St. Peter’s Pontifical Institute who in spite of his busy schedule spent long hours in correcting my manuscript and supported me with his timely guidance, cheerfulness and encouragement to complete my work successfully.
I specially thank from the depth of my hearth Mr. Rayappa for his ceaseless patience and kindness to computerize the whole work. I also thank Bro. Sebastian Alexander who helped me a lot to correct the foot notes and Bibliography.
My special thanks to my beloved Bros. Arun Santhosh, Arul Rozario, Edison Chinnappan, Sebastian Alexander, Deivanayagam, Maria Susai, Jesuraj, Selvin and for their valuable suggestion to complete this work in time.
Last but not least I thank the members of the library and staff for providing the necessary sources and for all the help and guidance given to me in order to fulfill my duties.
Arul Sebastian A.
St. Peter’s Pontifical Institute,
Malleswaram,
Bangalore.
Women as a part of the human species have somehow remained as endangered species all over the world and more so in India where they are even defied as ' Devis'. There are chances that a female life may be snuffed out even before she is born as a girl child. There are also chances that she may be dumped or abandoned after she is born. Generally, the life for the female child is neither easy nor welcome even after surviving the above two major hurdles in her life span. Later in life the female child is also likely to become the target of other forms of assaults. There are ever increasing chances of a girl child falling a victim to infant rape or other forms of molestation which are sometimes perpetrated by the very persons who should have normally protected her or come to her rescue.
Among the few burning topics in the modern social sciences, which are acrimoniously discussed, analyzed, and debated throughout the length and breadth of our country is one relating to the status, position and protection of woman in her matrimonial home. It is indeed true to assert that both man and woman constitute the basic unit of the matrimonial home and, therefore, of the family and the society. The matrimonial home not only constitutes the fabric of society, but is an important unit of its progress, civilization and culture.
Violence means the use of force against somebody, while women create human being, the violence distress them and violence against women is simply the destruction of creators. Violence against women, in different biological and psychological forms, has remained in practice, since thousands of years in India.
Of all the problems faced by the women in our society, Dowry becomes first and firmest as ā social challenge. Because though the other problems like Rape, Child marriage, Murder and Kidnapping are happening in the society, they will not affect as strong as the Dowry system has its influence.
This work Dowry a Social Challenge is divide in three chapters. In the first chapter I have portrayed the meaning, definition, origin, and reason of dowry. Dowry is derived from the ancient Hindu customs of “Kanyadan” and “Sridhan”. While dealing about the origin of dowry, in the beginning marriage was done by exchange, and then by service then presents and then return present. The return present later was called dowry. The main reason why people give and take dowry is because of social customs, tradition, security and caste system.
The second chapter deals about the evil effects of the dowry system. Here I have divided four sub-titles namely, Problems of the Parents, Problems of the girls, Problems of the married women and the other problems. In the Problems of the parents, parents have the problems of emotional disturbances, psychological and social maladjustment economic straits adopting social corruption of foul means of earning and hard work. Female infanticide, abortion after determining sex of fetus, more labour burden, immorality, suicide and affinal relations are the Problems of the girls. The married women have the problems of family conflicts, conjugal disharmony, lowering of women’s status, dowry death, ill treatment and humiliation. Child marriages and unequal marriages are the other problems.
The third chapter deals about the measures to eradicate the dowry system. Here I have portrayed the measures taken by the Government namely, penalty for giving and taking dowry, ban on advertisement, punishment for taking dowry. And also I have given some measures to eradicate this social evil namely, establishment of separate courts, women’s awareness, legal literacy, change of society and inter caste marriage.
The practice of giving a dowry or a gift to a woman at marriage is said to have its origins in the system of "streedhan" (women's share of parental wealth given to her at the time of her marriage).As a woman had no right to inherit a share of the ancestral property streedhan was seen as a way by which the family ensured that she had access to some of its wealth. There is no clear proof as to when this practice was first started in India. What began as gifts of land to a woman as her inheritance in an essentially agricultural economy today has degenerated into gifts of gold, clothes, consumer durables and large sums of cash, which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The dowry is often used by the receiving families for business purposes, family member's education, or the dowry to be given for the husband's sister. The transaction of dowry often does not end with the actual wedding ceremony as the family is expected to continue to give gifts.
Dowry in the payment in cash or and kind by the bride’s family to the bridegroom’s family along with the giving away of the pride in Indian marriage. “The Indian term for Dowry is called as Kanyadaan it is an important part of Hindu marital rites. Kanya means daughter, and Dana means gift. Dowry is derived from the ancient Hindu customs of “Kanyadan” and “Sridhan”. In “Kanyadan” the father of the bride offers the father of the groom money or property, etc. Whereas for “Sridhan”, the bride herself gets jewelry and cloths at the time of her marriage usually from her relatives or friends”
1.1.1 Stridhan
According to the Smritikar, the stridhan constituted those properties which she received by way of gift from her relations which included mostly property (though sometimes a house, or a piece of land was also given in gift), such as ornaments, jewellery and dresses. The gift made to her by strangers at the time of the ceremony of marriage (before the nuptial fire) or at thee time of bridal procession also constituted her stridhan. Among the Commentators and Digest – writers, there is a divergence of opinion as to what items of property constitute stridhan and what do not. Vijnaneshwara commenting on the words, “and the like” in Yajnavalkya’s text expanded the meaning of stridhan by including proprieties obtained by inheritance, purchase, partition, seizure and finding. (This expansion was not accepted by the Privy Council which resulted in the emergence of the concept of women’s estate.) Jimutavahana gave a different enumeration of Stridhan, so did the sub – schools of the Mitakshara.
Whether the property is stridhan or woman’s estate mostly depends upon the source from which it has been obtained.
From the early time this has been a recognized head of the stridhan. Such gifts may be made to woman, during maidenhood, coverture or widowhood, by her parents and their relations, or by the husband and his relations. Such gifts may be made
inter vivos or by will. The property coming under this head was technically known as Stridhan.
Property given by gift vivos or by will by strangers (i.e.…, other than relations) to a woman, during maidenhood or widowhood, constituted her stridhan. The same is the position of gifts given to a woman by strangers before the nuptial fire or at the bridal procession. Property given to a woman by a gift inter vivos or bequeathed to her by strangers during coverture is stridhan according to the Bombay, the Benaras and Madras schools, but not according to the Mithila and the Dayabhaga schools. The position before 1956 was that the gifts received from strangers during covertures were stridhan, but these
were during her husband’s lifetime under the husband’s control. On his death, these became her full fledge Stridhan.
A woman may acquire property at any stage of her life by her own self-exertion, such as by manual labour, by employment, by singing, dancing etc., or by any mechanical art. According to all schools of Hindu law, the property thus acquired during widowhood or maidenhood is her stridhan. But the property thus acquired during coverture does not constitute her stridhan according to the Mithila and
Bengal School, but according to rest of the schools it is stridhan. Again, during the husband’s life-time it is subject to his control.
In all schools of Hindu law it is a well settled law that the properties purchased with stridhan or with the savings of stridhan, as well as all accumulations and saving of the income of Stridhan constitute Stridhan.
When a person acquires property under a compromise, what estate he will take in it, depends upon the compromise deed. In Hindu law there is no presumption that a woman who obtains property under a compromise takes it as a limited estate. Property obtained by a woman under a compromise where she gives up her right to her stridhan will be stridhan. When she obtains some property under a family arrangement, whether she gets it as stridhan or woman’s estate will depend upon the terms of the family arrangement.
1.1.1.6 Property Obtained by Adverse Possession
In all schools of Hindu law it is a settled law that any property that a woman acquires at any stage of her life by adverse possession is her Stridhan.
Under all schools of Hindu law the payments made to Hindu female in lump sum or periodically for her maintenance, and all the arrears of such maintenances constitute her stridhan. Similarly, all movable and immovable properties transferred to her by way of an absolute gift in lieu of maintenances constitute her Stridhan.
A Hindu female may inherit property from a male, or a female. She may inherit it from her parents’ side or from husband’s side. The Mitakshara considered all inherited property as stridhan. But the Privy Council in a series of decisions held such property as woman’s estate. In one set of cases, the Privy Council held that property inherited by a female from males; it’s not her stridhan but women’s estate. In another set of cases, it took the same view in respect of property inherited from females. This is the law all the schools except the
Bombay schools. According to the
Bombay school, the property inherited by a woman from females, is her Stridhan.
1.2.1 Oxford Dictionary
Oxford Dictionary Defines as
“(1) Money and for property that, in some societies, a wife or her family must pay to her husbanded when they get married.
(2)Money and or properly that, in some societies, a husband must pay to his wife’s family when they get married”
The Prohibition of Dowry Act 1961 Defines Dowry as,
“Any property or valuable security given, or offered to be given, either directly or indirectly (a) by one party to a marriage to the other party to the marriage, or (b) by the parents of either party to the marriage or by any other person to either party to the marriage as consideration for the marriage of the said parties.”
“What is given to the bride, and often settled before hand and announced openly or discreetly. The gift though given to the bride may not be regarded exclusively her property.
What is given to the bridegroom before and at the time of marriage.
What is presented to the in-laws of the girl”
The system of dowry prevalent in India is not of a recent origin. This social evil has plagued the society since ancient times. Even the kings of the early age encouraged the dowry system, a preoccupation of kings and of the very rich who could indulge in luxurious display. Fairy kingdoms and wealth which could only be measured in terms of golden chariots and palaces full of jewels went with a beloved daughter to her new home
In the beginning there was no word for dowry in the marriage system. In the early marriage system some considerations were made to be offered to the father or other relatives of the bride, “either in the form of the exchange of pride for bride, or of service, or of the giving of property of some kind or other”
The early marriage system was in the form of marriage by exchange. For example “if in each of two families there is an unmarried son and an unmarried daughter, they frequently arrange a mutual double marriage without any payments”
“In some community the bride groom will go and live with the family of his future spouse for a certain time during which he works as a servant. The period of service varies greatly among different peoples. Some times he has to serve after his marriage until a child in born.”
The period of service is unintended to test the young man’s ability to work and to show whether he is an acceptable husband and son-in-law.
In some communities there is no exchange or service for getting marries, but the bridegroom will “offer a small present to his future father-in-law, who is return, gives his objects which remain her personal property.”
When the bride groom announces his approaching marriage to his father, the latter takes one or more valuables to the bride’s family, but “after this the bride’s father gives a return present, probably of the same kind and value, and also an equivalent amount of food.”
The price for a bride varies according to the wealth of the interested parties and the accomplishments of the bride, but whatever the sum paid, the father of the girl must make a return present equal to one-half the value of the marriage gift “so that he does not sell his daughter like a slave.”
“The return gift may take the shape of a dowry given to the bride by her father or parents or other relatives but also directly or indirectly benefiting her husband. The dowry of then consists of some food, clothes, ornaments, household goods, other objects or a certain number of domestic animals.
Here woman was coveted as a trophy of war, fought for and acquired as evidence of superior power. The trace of this heritage is loudly dramatized even these days when we find a North Indian bridegroom dressed in fineries rides a white mare, usually not his own, swaggering a borrowed sword, proceeds to the bride’s house with his assembled retinue making loud noises of crackers or gun fires and simulating an assault at the bride’s house and then he is accorded a warm welcome and given the hand of a maiden. The conquering party is treated with great respect, is given presents and is well fed before the bridegroom strides back home to be received as an honoured hero who has won a war and earned a trophy.
It was probably thereafter that the women came to be won by proving skill or strength set as tests by the bride’s people. Lord Ram Chandra proved his strength by breaking Lord Shiva’s unbreakable bow.
Morning gifts, which might also be arranged by the bride's father rather than the bride, are given to the bride herself; the name derives from the Germanic tribal custom of giving them the morning after the wedding night. She might have control of this morning gift during the lifetime of her husband, but is entitled to it when widowed. If the amount of her inheritance is settled by law rather than agreement, it may be called dower. Depending on legal systems and the exact arrangement, she may not be entitled to dispose of it after her death, and may lose the property if she remarries. Morning gifts were preserved for many centuries in morganatic marriage, a union where the wife's inferior social status was held to prohibit her children from inheriting a noble's titles or estates. In this case, the morning gift would support the wife and children. Another legal provision for widowhood was jointure, in which property, often land, would be held in joint tenancy, so that it would automatically go to the widow on her husband's death. Custom in anthropology and sociology is a way of thinking or acting that is characteristic of a group of people. Customs influence the way people dress, eat, and in general behave; they may take on the force of moral or statute laws. The social custom and tradition is one of the reasons for Dowry. There is a feeling that practicing customs generates and strengthens solidarity and cohesiveness among people. “Many people give and take dowry only because their parents and ancestors had been practicing it.”
“Dowry is the bride’s parents gifts of love to ensure that she is provided for financially when she lefts her parental home.”
In a materialistic society, there are constant pressures on individuals and families for having more and more money not only to provide more comfort to themselves and family members, but also to have some future security.
Gift is a voluntary transfer of property from one person to another During the time of marriage the friends and the family members will provide some valuable things as a remembrance of them. “The prevalence of dowry system is mentioned by Jayasi, Tulsidas and Surdas and some foreign travelers make mention of it also. In rich and royal families gifts used to be given to sons-in-law at the time of marriage. Sita, Drayupadi Subhadra and Ultra brought rich presents including horses, elephants, cow, jeweler, chariots, servants, maids when they proceeded to their husband’s home after marriage.”
One of the causes of dowry is the desire and aspiration of every parent to marry his daughter in a high and rich family to keep up or to add to his prestige. “The high marriage – market value of the boys belonging to rich and high social status families has swelled the amount of dowry.”
Caste is largely static, exclusive social class membership I which is determined by birth and involves particular customary restrictions and privileged. Among Hindus, marriage, in the same caste and sub caste has been prescribed by the social and religious practices with the result that choice of selecting a mate is always restricted. “This results in the paucity of young boys who have high salaried jobs or promising career in the profession. They become ‘scare commodities’ and their parents demand high amount of money from the girl’s parents to accept her as their daughter - in – laws as if girls are chattel for which the bargain has to be made.”
The pressure for larger dowries is due to “ the general rise in prices and the current obsession with gold and silver ,the prices of which are rising almost every day”
When the groom’s family sees the situation of the economy they are tempted to demand dowry from the Bride’s family in order to face economic crises
The parents will give the best education to their sons in order to get good Bride. But while getting marriage settlement they will ask dowry, because “parents who spend a sizable part of their earning in educating their sons regard them as investments to yield returns; they expect to realize the first and fattest dividend at their son’s marriage”
Besides endogamy, we have also the analoma {hypergamous} system of marriage according to which a girl belonging to a lower caste can be married in a higher caste. When boys belonging to the higher castes marry girls of the lower castes, they demand high dowry. A person often pays a huge amount of dowry to get a son-in-law from a higher level in the hierarchy.
According to Kapadia “The practice of hypergamous castes, brought in its train problems of no mean significance. The main concern of the man is found in many of these hypergamous castes, to have been the exploitation of women and her people economically. Every parent desired his daughter to be married into the highest social group to keep up or to add to his prestige, and this made him acquiesce in these abuses . When a number of offers were made to a single person he naturally insisted on his terms and bride groom price would go on swelling.”
In the society it is customary that the parents will arrange marriage to their daughter first and then to their sons. But in some family first the marriage of girls will not take place .Because of the dowry, they will wait for the marriage of their sons. “ Dowries brought by sons help the parents to utilize a part of them in their daughter’s marriage.”
“An individual who may be against the dowry system is compelled to accept fifty to sixty thousand rupees in cash in dowry only because he has to spend an equal amount in his sister’s or daughter’s marriage. The vicious circle starts and the amount of dowry go on increasing till it assumes a scandalous.”
A few people give more dowries just to exhibit their high social and economic status. “Janis and Rajputs for example spend lakhs of rupees in the marriage of their daughters just to show their higher status or keep their prestige in the society even if they have to borrow money.”
Dowry system is related to the caste system, as it is paid in order to marry a girl to a boy of the same caste of. It is manly practiced among the higher caste of the girls family .Because when the girl is married to another caste’s boy means it is considered as prestige problems. In order to prevent from that the bride’s family will offer dowry as much as they can so that the bride groom of the same caste will marry the bride.
It is the desire of the girl’s parent that “she should live happily with her husband and in-laws and so they think of rich family even if they have to give heavy dowry. The aim of the bride’s family is that though they are poor their daughter should not lead the same life. So they are tempted to give heavy dowry to their daughter, so that she is married by the rich person.
Greedy means that wanting more money, power, food etc, than one really needs. In some families when they arrange marriage for their son they will demand dowry to make easy money, because if the bride’s family is unable to give the dowry which is demanded by the bridegroom’s family, they will leave the bride and try to get another girl.
1 Dowry is given on parental feelings concern or sense of obligation, so as not to send daughter with empty handed.
2 Women’s craze for the gold–ornaments is also one of the causes of dowry transactions, a fast and easy way to get these ornaments through dowry.
3 The black money and unaccounted earnings of the rich class.
4 Dowry is a means of giving the daughter her share in the father’s property.
The system of dowry prevalent in India is not of a recent origin. This social evil has plagued the society since ancient times. Bride price and dowry have been the member of the same family, often going hand in hand wherever giving and taking are involved in a marriage transaction.
“Dowry system is connected with the conception of marriage as dana or gifts. A religions gift in kind is usually accompanied by a gift in cash or gold. Dowry system did not start as an impediment to a daughter’s marriage in ancient time.”
Even the ancient scriptures approved of wealth given to a bride at the time of her wedding. “It was her parents’ gift of love to ensure that she was provided for financially when she left her parental home.”
Earliest references to dowry show that “it was mainly a preoccupation of kings and of the very rich who could indulge in luxurious display. Fairy kingdoms and wealth which could only be measured in terms of golden chariots and palaces full of Jewels went with a beloved daughter to her new home.”
The dowry was a part of the ritual of kanyadan which was very different from modern dowry. It seems that the dowry system, as it is practised today, was unknown in early periods. “It was only in the aristocratic and royal families that gifts were given to the bridegroom at the time of marriage.”
In the ancient time the dowry was not forced to give. But it was given by the bride’s family to show their love and concern. But in the medieval time, the bride’s family was forced to give dowry because of the bridegroom’s family expectation and completion. M.N.Srinivas points out that “The richer and higher strata of people in the second quarte of the twentieth century paid huge sums by way of dowry to obtain desirable grooms.
“In medieval times the dowry system comes into vogue because of pre – puberty marriages. To secure a desirable match, the father of the girl often offered attractive incentives to the prospective son – in – law to persuade him to accept his daughter within pre – puberty period. Then the religious concept of ‘Kanyadana’ also helped the rise of this custom. Later ‘Kanyadana’ became associated with ‘Vardakshina’, i.e. the cash or gift in kind by parents or guardian of the bride to bridegroom. So when a bride is given over to the bridegroom, he has to be given something in cash or kind which contributes Vardakshina. Since, the daughter was denied the right of inheritance, the phenomenon also led to rigidity of custom of dowry among propertied class.”
Today marriage has become an occasion to demand and a chance to accumulate. Boys are shamelessly and openly sold in the marriage market. “The rate of dowry varies from caste to caste and mostly depends upon the groom’s accomplishments, family status and other attainments such as education, employment, wealth, or other material acquisitions.”
In this ugly market of marriage, a cut throat completion goes on and dump girls are being freely traded as chattels or cattles. Today the greedy men marry the refrigerators, video sets, scooter, and car etc., the bride being the dowry. Almost thought the length and breadth of the country the dowry negotiations have become direct and open.
Today, every bit of consumer goods can be turned into dowry whether it is T. V. set, radios, watches, household furniture and even a car. The front pages of some of our most prestigious dailies carry advertisements for sarees, shawls, wrist watches, T.V. Video set and so on as a part of girls dowry. If bridegroom’s family fancies them, a son’s marriage is the time to acquire the demand open or clandestine ranges from a two-wheeler to anything under the sky.
“In number of cases, the bridegroom and his family shamelessly present list of things which they want at times haggle with bride’s parents to get maximum amount of money and costly gifts as dowry.
Today marriage has become a stepping stone to acquire more wealth and social status. There is no other social institution which has been commercialized as marriage.
Dowry system was generally unknown in early Hindu society. In rich and royal families some gifts were given to the bridegroom at the time of marriage. “Atharvaveda once incidentally refers to royal recognized eight forms of marriage, GL Brahma, Daiva, Arsha, Prajapatya which were approved forms and Asura, Gandharva, Rakshasa and Pistachio which were unapproved forms.”
It is only in the Brahma form of marriage which was peculiar to upper-class (The people with property) that marriage meant the gift of daughter with some ornaments and articles the father of the bride could accord to a most suited groom learned in Veda and of good conduct, which he voluntarily invited and respectfully received.
However, these presents can hardly be called
dowries, for they were voluntarily made after marriage out of pure affection and presented no impediment in the settlement of daughter’s marriage.
In Vedic period, dowries were given by parents, to attract suitable bridegroom for their daughters. But During Epic age, dowry was recognized as women’s property, (stridhan). It included all types of gifts from parents, brothers and relations. The Hindu Law also recognized the right of women over this property. But now it has underdone a great change. It is considered as the bridegroom’s price by which a father buys a husband for her daughter. Educational development has enhanced this system.”
Dowry has always been, and conceptually and essentially that property which is obtained under duress, coercion, or pressure. It is that property which is extorted from the father or guardian of the bride by the bridegroom or his parents or other relations. Among Hindus it is that “property which is extracted by the bridegroom from his bride or more particularly from her parents or guardian. Thus dowry is not present made to the bride and bridegroom. The distinction between the two is that dowry is essentially a property which is extracted or extracted from the bride of her parents, while presents are those properties which are voluntarily and willingly given.”
In Muslim society, the marital union is denoted by the Arabic word Nikah (marriage). According to Muslim ideals Nikah in the contract of husband and wife which legalize their sexual intercourse and imposes certain duties and right between themselves it is socially and legally recognized therefore it is sacred.
Dowry plays a very important role in the marriage relations of Muslim Community. Among all Muslims it is considered to be the fundamental right of a Muslims woman to get dowry form her husband. It may be in the form of money, property which is given to the wife as a mark of respect. Apart from this, marriage among Muslims is a social contract. Therefore payment of dowry to the women in indispensable. But dowry is not a bride price.”
In order to safeguard the economic position of women after the marriage, Islam has made it legally obligatory on the husband to pay her a reasonable amount as dower. The amount to be fixed as dower depends on the agreement between the two parties, but, in any case, the object is to strengthen the financial position of the wife, so that she is not prevented, for lack of money, from defending her rights. The Qur’an says:
Ø And given women their dowries as a free gift, but if they themselves be pleased to give up to you a portion of it, then eat it with enjoyment and with wholesome result (iv.4).
Ø And if you wish to have (one) wife in the place of another and you have given one of them a heap of gold (as dowry) take not anything from her; would you like it by slandering (her) and(doing her) manifest wrong? (iv.20)
The dowry system assumes frightening proportions among the Christians who have for centuries absorbed many of the traditions of the Hindu community, from which they originally came and who have inherited the Latin tradition of heavy dowry giving. Even though social intermingling among religious communities here in almost non-existent,” the Hindu dowry tradition is firmly entrenched among the Roman Catholics. The bride among these is not only expected to bring with her ‘streedhan’ of jewellery, clothes and cash, but also furniture, car, television and other luxuries.
The death of the dowry system cannot safely be predicted in a community it has common acceptance. Those who have already received a fortune as dowry will now insist that they get on equal share of their father’s property; this will means a lot of bad blood and litigation.
The Code of Hammurabi mentions bride price in various laws, as an established custom. It is not the paying of the bride price that is prescribed, but the regulation of various aspects: · A man who paid the bride price but looked for another bride would not get a refund, but he would if the father of the bride refused the match.
· If a wife died without sons, her father was entitled to the return of her dowry, minus the value of the bride price. The Hebrew Bible and Talmud mention the practice of paying a bride price to the father of a minor girl. The practice of the bride price is found in the Bible, in the Old Testament. Exodus 22:16-17 says: If a man seduces a virgin who is not pledged to be married and sleeps with her, he must pay the bride-price, and she shall be his wife. If her father absolutely refuses to give her to him, he must still pay the bride-price for virgins. If a man finds a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days.
Though in the beginning the word Dowry was not used in the marriages, gifts were exchanged as a symbol of love, prestige. The Indian term for Dowry is Stridhan which means that the bride herself gets jewelry and cloths at the time of her marriage. People used to give and take dowry due to social custom, traditions, and pressures of the caste system. Dowry system did not start as an impediment to a daughter’s marriage in ancient time. But in the medieval time the bride’s family was forced to give dowry because of the bridegroom’s family expectation and compulsion. Today almost throughout the length and breadth of the country the dowry negotiations have become direct and open.
The dowry system no doubt served some useful purposes for the families involved and the society. It provided an occasion for people to boost their self esteem through feasts and displays of material objects, to make alliances with the families of similar status, to help prevent the breakup of family property, to get a better match for daughter, and to furnish their daughter with some kind of social and economic security. Yet the dowry system has some effects on the society as well as to the individual. “Some people insist that “the dowry system is a social evil and an intolerable burden to many brides’ families. Social reformers, politicians and educators vehemently condemn the custom of dowry payments as an unhealthy feature.”
This chapter is an attempt to illustrate some of the evil effects of dowry system. The problems of the dowry can be divided in to four kinds namely: Problems of the Parents, Problems of the Girls, Problems of the Married Women, and Other Problems.
The institution of dowry may have been useful in days gone but by these days it is nothing but a blot on the canvas of
India’s social life. At one time, dowry used to be ‘accepted’ by the grooms party but now it has become to the ‘demanded’. The result is that “from the day of the birth of the girl, the problem of dowry haunts the minds of the parents. And if by misfortune, a man has three or four daughters; his whole life is passed in solving only one problem how to arrange the marriage of his daughters.”
This leads to emotional disturbances, psychological and social maladjustments.
The dowry system was forced upon the society in the olden days as a means of equitable distribution of wealth, with the intention of creating some sort of socialistic pattern. But it has developed the wrong way and has become a menace to society as a whole, particularly to the middle class who live from hand to mouth. “Whatever they earn, they spend on maintaining the family standard in providing the necessities of family, educating children, and meeting various social obligations. The result is that to marry their daughters, they have to borrow money, especially when huge demands are made by the boy’s side. This incurred debt is passed on from generation to generation which ultimately ruins the family economically.”
It is not only the girl’s parents who feel the economic repercussion of this evil, but the boy’s parents too suffer virtual impoverishment because of dowry. When they demand money in alarming proportion, they have also to spend much to keep up their standard and their social prestige. In many cases, the parents of the boy may not be actually in a position to spend much but to keep up the false show; they have to arrange for money.
Among the severed consequences of ‘dowry greed’ is the ‘social-corruption’ that is a thrust on all concerned. By and large parents of moderate means find it extremely difficult to meet out the expenses covering dowry and all extravagancies connected with the marriage. “Compulsion surely breeds corruption and so sometimes the parents of the girl will have to resort to foul means to make money to meet the dowry demand.”
Thus the girl’s parents indulge in malpractices in order to give money to their daughters.
Because of demanding huge amount of dowry “the parents have to work hard to provide the boys with good dowries.”
The parents are ready to do all kinds of woks in order to get money so that they can give enough dowries to their daughters. Because of their hard work they have to face physical as well as mental sickness.
In many families, “birth of a daughter was regarded as a curse till 18
th century and there were cases when daughters born in the family were put to death.”
“During the British period the practice of female infanticide was prohibited regarding it as in-human under Female Infanticide prevention Act 1870.”
The social evil of dowry further enlarged the incidents of female infanticide particularly in middle class families. “Since it was impossible to determine the fetus sex there is no alternative in a poor or middle class family except to kill the daughter in infancy.”
Abortion is the termination of a pregnancy by loss or destruction of a fertilized egg, or fetus before birth. “The Medical Termination of Pregnancy Act, 1971 legally permitted abortion if the life or physical or mental health of the woman is in danger or it is in the interest of health of the women or the child born”
The invention of determination of sex of fetus has increased the incidents of abortion or medical termination of pregnancy, when it is determined that the fetus is of a female, without considering the psychological effect or physical health of “Amniocentesis”.
In India, the middle or middle high class families are under going the process of the determination of sex, of the coming child so that risk of the child born as female child can be avoided. “This has become a normal feature because of the fact that practice of going and taking of dowry has increased enormously.”
2.2.3Illiteracy
“In international usage, literacy is defined as the ability both read and to write at least a simple message: illiteracy, conversely, is the lack of such ability.” “Many people think that it is wastage of time and money to give education to their girls. Parents have negative attitudes towards the girl’s education.” In a study by P. Singh, A. Singh and Suman Lata (2008) it was stated that only three girls attended school out five girls and three boys attended school out of four boys.
“Since parents are not able to arrange sufficient amount of money for dowry, they will allow their daughters and sisters to take up a job and earn some money to be utilized at the time of their marriage.”
The girls are asked to leave their schooling and forced to work. As they do not have sufficient learning they will not be given white-collar jobs instead they will be given all kinds of works with less amount of salary.
When the girls join to work in order to get money, are quite nature. Their youth, the spirit of vigour, and above all sex appetite break the barriers of their so-called modesty when these originally innocent girls come into contact with boys who work with them in offices, educational institutions, firms and companies etc. “The false promises by these boys of a bright future will mislead the girls, and thus misguided, they sometimes become morally wrecks. It is easy for a boy to escape from the dangers of loose sex-morality but it is difficult for a girl to hide her shame, particularly when she becomes pregnant.”
The boy accepts a girl who belongs to a well off family, highly educated, in service, and earns. His likings do not end here. He also wants a girl whose parents can pay him much at the time of marriage. This evil has taken colossal shape in the modern times. “There are cases where the girl is highly educated, cultured, homely, and accomplished, but not accepted as a wife only because her parents are not able to give much.”
“The fiancé and the fiancée write letters to each other, marriage date has been fixed, but when all of a sudden the boy gets a better offer from a rich family, the engagement is broken. This gives a shock to the parents as well as to the girl.”
Suicide is an act whose primary aim is the intentional and deliberate taking of one’s own life. “Suicides are of two types: conventional and personal. The first type occurs as a result of tradition and the force of public opinion. Thus, among some tradition – ruled peoples, when certain situation arise, suicide is inexorably demanded. The second type suicide is more typical of modern times, when people depend less on custom ad convention solve their problems than on individual decisions.”
“Dowry system is a great pernicious evil. It will draw many girls to suicide, to save their parents from economic drudgery.”
When the engagement is broken due to dowry the girl begins to live in the society with a sense of insecurity, develops on inferiority complex, and remains emotionally suppressed. “She feels herself to be a burden on her parents and sometimes in that gloom and mental weariness is prone to commit suicide.”
Dowry influences radically not only the economic and the social behavior of the people having daughters but also affects profoundly relations between parents and children, and among kin. “The parents who cannot afford to pay dowry to marry their daughters consider them a burden for the family. Similarly, brothers consider their sisters as barriers in the achievement of their aspirations”
As a result, many a time the treatment given by parents and brothers to girls in the family disrupts harmony in intra-family relations.
Dowry system leads to family conflicts. When a mother-in-law does not get dowry to her satisfaction, she maltreats her daughter-in-law and abuses her father, mother and relatives. “The emotional shock on the part of the girl and the authoritarian personality of mother-in-law will lead to family conflicts.”
Dowry dominates the sense of conjugal disharmony in the affluent and middle class section of the society. It effects the marital relations in a sizeable proportion of married couples. This is mainly so because “the present day youths most unscrupulously threaten their wives with desertion if they do not bring enough dowry from their parents.”
This social evil of dowry is the major cause of break –down of marriages.
Dowry system impoverishes those who pay dowry and degrades those who receive it. Moreover, it lowers the status of women. The boy used to think of himself a dignified individual and views the girl as a subjugated entity with an inferior and degraded status. “As every marriage brings a substantial sum, one would naturally be tempted to contract a second and a third marriage just for its monetary utility.”
Though such marriages are not usual yet they do exist. This affects the status of the first wife as Love, affection and feeling of care her husband bears for her is reduced.
“At parents’ house she is treated as a burden or liability and in the matrimonial home, the dowry she brings is more important than her person. This evil has produced adverse effects on women’s status in the matrimonial home, and is the main tool of exploitation against married women in the matrimonial home. The in-laws of the bride in an attempt to extract more and more dowry create an atmosphere of harassment and cruelty.”
Generally it is found that a wife coming to the matrimonial home without dowry is subjected to many humiliations. She as an individual has no utility unless she brings dowry.
Dowry is the symbol of woman’s oppression. “She goes into her matrimonial home bedecked with gold and accompanied by dowry which her parents have bought with their blood and sweat and thereafter, pushed into a life of subservience”.
It gives to man the right to put a price on her and accept or reject her marriage according to the money and goods she brings. “The air of superiority of bridegroom and his family thus causes unmeasured grief to girls and has degraded their position.”
The practice of dowry thus not only perpetuates inferior status of women in their matrimonial home but also become a cause of self-immolation.
The dowry prohibition Act.1986 introduced a new office, the office of dowry death by inserting a new section 304-B in the Indian penal code. That section runs:
“Where the death of a women is caused by any burns or body injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with any demand for dowry, such death shall be called “Dowry Death”, and such husband or relative shall be deemed to have caused her death”
The most media-sensationalized type of violence against women in India is dowry death. When a woman marries, her family provides the husbands’ family with gifts. In many instances, the demand for these gifts, does not end with the marriage but continues, as the husband’s family persists in making additional dowry demands for years after the wedding. A dowry death is defined as “the unnatural death of a woman caused by burns or bodily injury occur if it can be shown that the woman was subjected to cruelty by her husband or her husband’s relatives shortly before death in connection with a demand for dowry”
The problem of husband-to-wife or wife-battering is not recognized by some scholars as an instance of “animal violence” but it is viewed by them as a “human welfare” problem. Contrary to this, “the problem of bride-burning or dowry-death is not considered a private family matter. This problem has been largely recognized by the public, the intellectual community and the criminal system as a crucial problem of criminal violence.”
According to the Ministry of home Affairs, Govt. of India, it was found that in 2001 – 6851, 2002 – 6822, 2003 – 6208, 2004 – 7026, 2005 – 6787 dowry deaths were occurred. But it is not an exact data because there are many dowry deaths occurred, which are not registered.”
It can be explained with the help of chart.
The actual number is certainly larger, as there are many deaths that are not reported. “Dowry-related violence against women occurs among all subgroups of the population, the rates are higher among the poor and the lower castes. Alcoholism is also associated with increase in violence against women.”
Though dowry-death is generally understood to involve the murder of a woman on the dowry issue in the family of procreation but before the act of killing, several forms of harassment and humiliation take place against the victim. “The killers in dowry-deaths are brutal and authoritarian and the murder is only one expression of the offender’s personality maladjustment and abnormality.”
The humiliation generally will start with criticism, followed by familiar scenes-insults, abuses and demands for more money. Some women used to put up with victimization because they know that their parents are not in a position to give more and to some other will think that things will change after the birth of a child.
(1)Abuses, insults, passing sarcastic remarks, (2) Assaults, (3) Denial of food or starvation, (4) Prohibiting them from going out and meeting any one, (5) Refusing visits to the parents’ home, (6) Not permitting them to talk with visitors from the parents’ home, and (7) Locking them up in a room.”
The problem of dowry-death is not and cannot be a uni-causal problem; it is the product of a complex multi-dimensional process.
Divorce is the legal dissolution of marriage. Divorce is distinguished from annulment, which declares a marriage void from the time of its celebration in some societies divorce is rare, while in others a permanent union is unusual. In most societies, public opinion tends to be opposed to divorce, but in a few societies social pressure serves to undermine the marital relationship. The general public view of most groups has been that divorce is unfortunate but often necessary.
One of the reasons for divorce will be dowry. When a marriage is fixed some considerable amount will be given as dowry, by parents of the Bride, or will be asked by the Bridegroom’s family members. But in many cases the demanding for dowry will also continue after the marriage. The parents who are able to give will give. But many of the parents are unable to give the demanded as a result; harassments will take place by the Bridegroom’s family. The Girl who is not able to get dowry either she will appeal for divorce, or her parents will appeal for divorce.
Connected with the evil of dowry system is the cruelty infected on a bride after marriage. Brides are done to death or driven to late; the phenomenon of dowry death has aroused much public concern. Newspaper have printed banner headlines, “Bride Burning – A Burning Issue”. “Husband Held in Dowry case,” “Dowry Death Rally Against Public Apathy,” “Yet Another Dowry Death in the Capital and the like,”
A number of unfortunate young women in the society died of burning. The cause was mostly their incapacity to bring the amount of cash or things demanded by their husbands and in – law during the first few years after their marriage.
The harassment and violence against the bride revolves around the demand for more and more dowry and it continues till divorce or death of the wife takes place. Since the divorce is put to ridicule and looked down in the society, therefore, death is preferred. up tension of an acute degree in the mind of the woman, so that ultimately death becomes the last refuse for her. A stranger in the family, young and dependent, she may not be able to face the harassment and as a result may put an end to her life. Young brides and daughter – in – law have become much prone to fire in wake of intolerable torture and victimization. It is a matter of shame that dowry deaths have become a day to day phenomenon in the society.
Dowry demand will also lead to child-marriages. For an educated girl, the more educated and qualified husband is needed. This necessitates greater dowry. Thus the parents prefer early marriages than to do so at a later age with higher demand of dowry.”
“Dowry is closely related to the financial position of the parents of the girl, many people who are poor offer their young daughters to very elderly persons.”
Girls are forced to marry undeserving men, aged persons or with a man having one or two living wives or with liquour-adicts as no dowry need to be given to such persons
In parental home daughter is regarded as the trust property of the husband and father nourishes her life a trustee so as to give her in gift to the bridegroom in order to join the husband’s family in the matrimonial home. A bride may have hundreds of dreams of her future life in the matrimonial home and imagine it a heaven to serve the husband and in-laws. Socio-economic changes have completely tarnished the cultural heritage of the society.
The earning of wealth from fair and foul means created competition of purchasing competent and suitable grooms. It created un healthy competition of giving and taking dowry. Have we lost our ancestral culture of worshiping woman in a matrimonial home? Could we not see beyond money and wealth? Is there no value of virtue, quality and humanity of a note bride entering her matrimonial home? Do the incidents and occurrence of bride burnings not alarm our human consciousness? If every human heart becomes firm to eradicate the social evil of giving and taking dowry, it is certain that we will receive our golden cultural heritage.
It is true that a social problem like dowry can not act, as legal measures along cannot curb dowry problems. What is needed is a change of attitude of society towards girls and boys. They must be treated and be educated equally. Laws are also needed to be stringently implemented. The public voluntary organization and the society as a whole should have to rise against age old evil practice and make an effort to curb this menace.
With the advent of the British and the impact of the western thought on the Indian sense, Indian scholars and reformers began to bring about reforms in social values. Raja Ram Mohan Roy, Keshab Chandra Sen, Pandita Ramabai, Jotiba Phule, Behramji, Malabai, Ishwar Chandra Vidyasagar and Mahatma Gandhi were the personalities who took interest in condemning the dowry system.
Mahatma Gandhi said; “Any young man who makes dowry a condition for marriage discredits his education and his country and dishonors woman hood. Young men who sail their fingers with such ill-gotten gold should be excommunicated from society.”
Jawaharlal Nehru appealed to the college girls: “Our marriage laws and many of our out – of – date customs which hold us back and specially crush our women folk – will you not combat them and bring them in line with modern conditions?.... I charge you to keep that torch of freedom burning brightly till it spreads its luster all over this ancient and dearly loved land of ours.”
An attempt to control dowry through the mechanism of law dated as far back as the ‘Sind Leti Deti Act, of 1939. The governments in some states like Andhra Pradesh, Kerala, Punjab and
Bihar passed anti – dowry legislations. After independence, “
Bihar was the first state to embark on legal restrictions on dowry by enacting the Bihar Dowry Restraint Act, 1950. In 1958, the state of Andhra Pradesh enacted local, Dowry Prohibition Act. The enactments of both
Bihar and Andhra Pradesh were later repealed in 1961 by the central Legislation on the subject. In order to combat this age old practice, the first uniform law enacted by the central Legislature was the Dowry Prohibition Act, 1961.”
“The Dowry Prohibition Bill was introduced in the Lok Sabha on April 27, 1959 by the then law Minister, A.K.Sen. Since the Bill was passed by the Lok Sabha but rejected twice by the Rajya Sabha, it was referred to the Join select committee of both the Houses. It was ultimately passed on May 20, 1961. The act permits presents in the form of ornaments, clothes and other articles not exceeding Rs. 2,000 in value. The Act exempted all Muslims from its provisions while it brought all other communities within its preview.”
"(1) If any person after the commencement of the Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more: Provided that the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
(2) Nothing in sub – section (1) shall apply to, or in relation to,
(a) Presents which are given at the time of marriage to the bride (without any demand having been made in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
(b) Presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided further that where such presents are made by or on behalf of the bride or any persons related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the persons by whom or on whose behalf such presents are given.”
If any person demands, directly or indirectly, from the parents or other relatives or guardian of bride, or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.”
If any Person;
“(a)Offers, through any advertisement in any newspaper, periodical, journal or through any other media any share in his property or any other money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative.
(b) Prints or publishes or circulates any advertisements referred to in clause, he shall be punishable with imprisonment for a terms which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees.”
(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given. That person shall transfer it to the woman.
(a) If the dowry was received before marriage, within three months after the date of marriage, or
(b) If the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or
(c) If the dowry was received when the woman was a minor, within three months after she attained the age of eighteen years.
And pending such transfer shall hold it in trust for the benefit of the woman.
(2) If any person fails to transfer any property as required by sub – section (1) or as required by sub – section (3), he shall be punishable within imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with both
(3) Where the woman entitled to any property under sub – section (1) dies before receiving it, the heir of the woman shall be entitled to claim it from the persons holding it for the time being.
Provided that where such woman dies within seven years of her marriage, otherwise than to natural causes, such property shall,
(a)If she has no children, be transferred to her parents, or
(b)If she has children, be transferred to such children and pending such transfer, be held in trust for such children.
(3-A) Where a person convicted under sub – section (2) for failure to transfer any property as required by sub – section (3) has not, before his conviction under that sub – section, transferred such property to the woman entitled there to or, as the case may be her heirs, parents and children, the court shall, in addition to awarding punishment under that sub – section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, he heirs, parents and children, within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from his as if it were a fine imposed by such court and paid to such woman, or, as the case may be, her heirs.
“Notwithstanding anything contained in the code of criminal procedure code, 1973.
(a) No court inferior to that of metropolitan magistrate or a judicial magistrate of the first class shall try any offence under this act.
(b) No court shall take cognizance of an offence under this act except upon-
(1) Its own knowledge or a police report of the facts which constitute such offence, or
(2) A complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organization.
(c) It shall be lawful for a metropolitan magistrate or a judicial magistrate of the first class to pass any sentence authorized by this act on any person convicted of any offence under this act.”
“(1) The code of criminal procedure, 1973 shall apply to offenses under this Act as if they were cognizable offences-
(a) For the purpose of investigation of such offences: and
(b) For the purpose of Matters other than-
i. Matters referred to in Section 42 of that code; and
ii. The arrest of a person without a warrant or without any order of a Magistrate.
(2) Every offence under this Act shall be non – bail able and non – compoundable.”
“Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him.”
1. “The state Government may appoint as many Dowry prohibition Officers as it thinks fit and specify the area in respect of which they shall exercise their jurisdiction and powers under this act.
2. Every Dowry prohibition officers shall exercise and perform the following powers and functions, namely;
a) to see that the provisions of this Act are complied with;
b) to prevent, as for as possible, the taking or abetting the taking of, or demanding of, dowry;
c) To collect such evidence as may be necessary for the prosecution of persons committing offences under the Act; and
d)
To perform such additional functions as many are assigned to him by the state Government, or as may be specified in rules made under this Act.”
We are noticing several cases of women dying within few years of their marriage is supercilious and totally inexplicable circumstances. These deaths have come to be known as ‘dowry – deaths’. “When the behavior of the husband and the in – laws may be such that it drives the woman to commit suicide, such acts are now covered by the offence of cruelty. Similarly, harassment with intention of coercing the woman or her family to give property to the husband and his family has been made an offence of cruelty. This is indeed a salutary provision to deter the husband and his relatives who have been indulging in battering house wives.”
“The act has not been able to scale down the social evil and the practice of demanding dowry has an acute impact on the society. Considering various cases of harassments by the husband and the relatives of the husband, the committee suggested for suitable amendments in the Indian penal code, the code of criminal procedure and the Indian Evidence Act which were incorporated by the criminal Law (Amendment) Act, 1983.”
“Any person who takes dowry shall, on conviction, be punishable with simple imprisonment which may extent to six months or with fine which may extended to the amount or value of the dowry taken or with both.”
“Any person who gives or abets the taking or giving of dowry shall, on conviction be punishable with simple imprisonment which may extend to one month or with fine which may extend to one thousand rupees or with both.”
“An offence under section 3 or section 4 shall be non-cognizable and shall be liable by a Magistrate of the first class.
“No prosecution shall be commenced in respect of any offence punishable under this Act, unless the Court has given the person proceeded against a chance to show cause, within such time as may be specified in the notice why he should not be prosecuted.”
“If any person after the commencement of this Act, demands directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to fine thousand rupees: provided that no court shall take cognizance of any offence under this section except with the previous sanction of the state Government or of such officer as the state Government , may be general or special order specify in this behalf.”
1, Notwithstanding any law, customs or usage to the contrary, the giving or taking of dowry shall be unlawful.
2, Any agreement for the giving or taking of dowry or any transaction in that regard shall be void.”
“1, The state Government may be, by notification in the Andhra Pradesh Gazette make rules for carrying out all or any of the purpose of this Act.
2, All rules made under this section shall be laid on the table of the Legislative Assembly as soon as possible after they are made, and shall be subject to such modification, whether by way of repeal or amendment as that Assembly may make within fourteen days thereafter during the session in which they are so laid.”
“Bar of certain acts-no person shall-
a, give or take or abet the giving or taking of dowry;
b, demand directly or indirectly, from the parents or guardians of a bride or bridegroom, as the case may be , any dowry: exceeds five thousand rupees:
c, incur marriage expenses the aggregate value where of exceeds five thousands rupees;
d, display any gifts made at or before the marriage in the form of cash, ornaments, clothes or other articles;
e, take or carry in excess of –
i) twenty five members of the marriage party; and
ii) eleven members of the band;
f, deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given insufficient.”
“1) If any person contravenes any of the provisions of section 3,he shall be punishable with imprisonment which may extend to six months and with fine which extend to five thousand rupees.
2) The court trying on offence under clause (f) of section 3 relating to conjugal rights may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to demand dowry and to allow conjugal rights to the wife, drop the proceedings.
3) Any proceedings dropped under sub – section (2) shall receive of the court in satisfied on an application made by the wife in this behalf, that the husband has afraid to carry out the undertaking or has otherwise acted contrary to the terms of the bond and thereupon the court shall proceed with the cause from the stage at which it was dropped:
Provided that no application under this sub – section shall be entertained if it is made after the expiry of a period of three years from the date on which the proceedings were dropped.
4) The country may direct that the fine, if any, imposed for the convention of clause (f) of section 3 or such portion thereof, as the court may deem proper, shall be paid to the wife.”
“1) If any persons denies conjugal rights to his wife on the ground that dowry has not been given or on the ground that the dowry given is insufficient, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
2) The court trying an offence under this section may at any stage f the proceedings, on the execution of a bond by the husband undertaking not to realize the dowry or any potion there of, as the case may be and to allow conjugal rights to the wife, drop the proceedings.
3) Any proceedings dropped under sub- section (2) shall receive of the court in satisfied, on an application made in that behalf by the wife that the husband has failed to carry out the undertaking or has otherwise acted contrary to the terms of the bond, and thereupon the court shall proceed with the case from the stage at which it was dropped.”
Where soon after marriage the husband and in – laws started making new demands for dowry and when they were not met, the wife was thrashed, beaten – up and turned out of the house. The Orissa High Court found that the wife was harassed by making demands of dowry.
In a case, where wife made a dying declaration that she and her parents were harassed by husband and his family members for money, the Supreme Court held that the husband and father – in – law are liable to conviction under Section 498 – A for harassment of dowry.
The echo of the Supreme Court’s secession was found in Sudam V. State of Maharashtra. In this case there was a dying declaration of a wife showing that because of continuous ill – treatment at the hands of the husband she had left no alternative except to end her own life. The Bombay High Court held that maximum punishment permissible under Section 498 – A on the husband by the trial court is justified since this case fulfilled all the ingredients of cruelty. Recently, a Division Bench of the Allahabad High Court in Indrawati V. Union of
India, opined that “Neither Section 498 – A I.P.C. nor Section 3 and 4 of the Dowry Prohibition Act, are ultra a vires of Articles 14, 19, 21 and 22 of the Constitution of India.
As regards the violence towards women, the burden of proof has now shifted from prosecution to the accursed, by the criminal Law (Second Amendment) Act, 1973, which is a total departure from fundamental rules of evidence. The guilt of accused is presumed if the death of woman is caused within seven years of marriage and if cruelty against such a woman at the hands of the husband is established. However, the accused is at his liberty to prove his innocence, though he is not entitled to benefit of doubt under the Evidence Act.
By Section 113 – A, the Legislature has channelised and focused the attention of the court that it can raise a presumption of abetment against the person named therein if it is shown that a woman had committed suicide within a period of seven years from the data of her marriage when proved that they had subjected her to cruelty of the kind mentioned in Section 498 – A of the Penal Code.
The Andhra Pradesh High Court speaking through Justice Radhakrishna Rao observed that:
“the construction of Section 113 – A clearly discloses that if a cruelty within the meaning of Section 498 – A I.P.C., committed on a married woman drives her to commit suicide or do cause grave injury or danger to life, limb or health, the persons guilty of such willful conduct is liable for punishment. The act of suicide or causing grave injury or danger to her life is meant as a result of the past events. The court after considering the finding further observed that in such cases the deterrent sentence is called for and thus found husband and mother – in – law liable to conviction under Section 498 – A I.P.C.”
“What is needed is marriage counselors to bring about a rapprochement between the estranged parties in a matronly of the marriages. Many death could be prevented of some could befriend these unfortunate women in their agitated emotional state.”
Many times when women are depressed because they are unable to bring the demanded dowry due to it they want to end up their lives if there has been some one who could help and guide her, suicide among women based on Dowry problem will come down.
To deal with the case of dowry and bride – burning, separate courts may be established. These would contribute to the speedy and efficient disposal of dowry death cases. It will lead to the promotion of “trends”. “If the judge is acquittal – minded about such cases, all offenders in such cases may get off lightly. If he is, on the other hand, in favor of exemplary punishment, the fate of the accused would be sealed. It is therefore, necessary that a large number of judges should deal with such cases.”
What is needed more is to make court proceedings time bound and to amend the law to make it more effective, particularly by giving recognition not only to written but oral dying declarations made in the presence of a doctor or a police officer or a magistrate or any respectable citizen. Neighbors who can really vital witnesses should come forward more often and be involved in a dying declaration.”
Justice delayed is justice denied appears true as the law authority even has not made any effort for quick disposal or expeditious decision. This situation will certainly stimulate the antisocial elements of the society, psychologically to proceed for such crime as justice is more delayed. The delayed justice will automatically spoil the situation of witness as most of the witnesses will lose sympathy towards the victims as time – lag, is the greatest healer. The witnesses may also move from previous place to other place for their convenience. In such cases the court seldom cares to locate such witnesses after lapse of time.
“The time – lag and delayed justice do not impose confidence in people in the effectiveness of the justice, and therefore in most of the cases police is not reported. Such cases are dealt with by the Govt. Pleader and generally victims are not required to appoint their own lawyers. If people want to appoint the competent lawyers to defend the case, it is not always possible to bear the financial burden by the poor. Our social – moral values have become so much questionable that to get proper justice appears to be doubtful for the poor masses. In this context statement made by Justice Iyer (1973) is quite significant, “Indian Law system is administered and shaped by the British Pattern not wholly indigenous or agreeable to Indian conditions, scaring away or victimizing the weak through slow motion justice, high priced legal a service, long distance delivery centre, mystiques legaless and Lacunae’s.”
Thus it is evident that though there are legal provisions against violence to women with the recent amendments filling the gaps of legal Lacunae, still the gab in vast between theory and practice. As far as the enforcement of law is concerned gaps still remain to be plugged. There are administrative, socio – economic and cultural constraints which come in the way of effective enforcement of laws.”
Legislation often becomes impotent because those it seeks to help are the ones who violate it and hang on to age-old customs out of fear of social censure or a misplaced loyalty to traditional values. What is called for is a multi-faced attack on the deep-rooted and widely prevalent exploitation of women through a re-education of masses, social boycott of those who give or take dowry, establishment of Family Courts that investigate crimes against women without going into complicated and long-drawn procedures, heavy taxation on lavish weddings and trained social workers and organizations that come to the aid of the aggrieved women. Highlighting the tragedy of dowry-deaths through mass-media and concerted and persistent effort at individual and group levels can slowly nibble away the evil net.
As far as the administrative constrains are concerned the investigations process and the trial is to lethargic and time taking that people lose faith in it. In fact in many cases crime against women is not reported immediately. If reported, it is not recorded properly by the police officers due to unsympatic towards women involvement of elite groups, the politicization of the civil and police – service or on any other pretexts. Under such circumstances the witness are usually won over by accused persons or can become hostile.
In most of the case of bride – burning junior police officers investigate the case that may be more susceptible to be influenced by the local elite class. Section 174 (3) of Cr. P. C. provides for the postmortem by a civil surgeon or qualified doctor no doubt. But the situation of postmortem is well known to everybody as to how it is done and the circumstances under which it is done in ill equipped hospitals.
Women should be more aware of their legal rights as Sachidananda Sinha have observed that even after several decades of the introduction to of social legislation, very few women know the legal rights and are unable to enumerate provisions incorporated in these nights. Hence there is more need for the voluntary organizations from grass-root level to upper most strata of society.
They can play the role of “pressure group” and information agencies to mobilize Government, administrators and society to raise voice against violence to women.
Legal literacy should be provided at school and college level. School and collage curriculum can have a short course on legal literacy. For it "Para Legal workers like social workers, community teachers and local leaders should be trained. To spread legal literacy the Family court should be set up in slum areas and centers of poverty.”
The roles of the main mass media is also very significant, they play a vital role in mobilizing public – opinion against social evils. “A sustained campaign should be conducted through the communication media such as Radio, Television, and Newspapers to arouse the consciousness of the public against the dowry system and help eradicate this social evil.”
The cause of violence against women staring from the socio – economic and cultural set up of Indian society should be changed. “Although the Hindu succession Act (1955) provides equal share of property to daughters in parental property, but tradition hardly dies and the net result is subjugation of Women. The entire socialization process of Indian Psyche is so much deeply rooted to male chauvinism that this Act has remained a page of law books only. In many cases neither the parent care the rightful heir ship to their daughters, nor the daughters claim for it nor consequently girls become the victim of dowry and cruelly at their in - laws hands.”
Due to economic dependency on the husband and their in – laws women are at the mercy of their in – laws and are forced to tolerate suffering and torture. Marx is quite right in his saying that, “the emancipation of women and the equality with men are imposable and must remain so as long as women are excluded from socially productive works and are restricted to house hold work which is private.”
Women too should change their attitude. They should not consider themselves as burden. This can only be done by a creative, rather than conservative approach in the planning of a new type of society and economy which will contribute immensely to the cause of women’s emancipation. The first step in this direction by the State can be the reservation of economic opportunities for female according to their population.
“Abetment in defined in section 107 of the Indian Penal Code by way of the amendment which came into force on the December 25, 1985. Section 113 – A was inserted in the Evidence Act by which it raises a presumption in respect of abetment of suicide in case two conditions are fulfilled. The first condition is that the woman who commits suicide was married within a period of seven years immediately preceding the commission of suicide the second condition is that she was subjected to cruelty by her husband or by any relative of the husband.”
“1) Section 306 of IPC:
Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extent to 10 years, and shall also be liable for fine.
2) Section 107 of IPC:
Abetment of thing – A person abets the doing of a thing who first – instigates any person to do that things or secondly – engages with one or more other person or persons in any conspiracy for his doing of that thing, of an act or illegal omission takes place in pursuance of that conspiracy, aid in order to the doing of that thing; or thirdly – intentionally aids, by any act or illegal omission the doing or that things.
The co-operation of the people can be sought only by creating public opinion. A single man may not be controlled by the law but when a large number of people are penalized, the law is in the stronger position. The success of all social legislation depends upon the support of the general public. Or; it may be said that social understanding is the first requisite to solve the problem. And this social understanding may be created by bringing the evils of dowry to the notice of the people through moral as well as formal education. No doubt, there are cases in which it is found that educated people demand more dowries. Education, instead of mitigating the evil has worsened it to a scandalous proportion. “Many a time we come across certain advertisements in the matrimonial columns in the newspapers which clearly shows that some people demand high dowry only to persecute their studies further. Education does not mitigate the evil but worsens it. Even then, the idea holds well that dowry custom can be abolished only through social and legal literacy. Education broadens the minds and widens the outlook of the people.”
Youth should be taught the importance of new social values. It is only after education that boys and girls will take some initiative towards its abolition. Whether the initiative comes from boys or girls, what is needed is some action. Though there are persons who strongly feel that the initiative should come from boys but then there are others who say that it should come from girls, and yet there are some who hold that it should come from both jointly. “In one survey conducted by Swaran Aurora, out of 75 persons studied, 42.6 per cent were of the opinion that the initiative should come from the boy’s side. 14.6 per cent wanted it from the girls’ side, and 30.6 per cent wanted that it should come from both sides. There were 12.0 per cent who believed that boys and girls can do nothing. But it appears that the initiative can be taken better by the girls. The educated girls can exercise their right to select their husbands, spurning the advice and the interference of their patents and relatives in the matter. The girls can refuse to marry who insist on dowry.”
The change in the ideas of the people can be brought about by propaganda too. There are various media of propaganda which can be used to bring to the mind of the people the ill-effects of dowry; for example, TV, Radio, Movies, Novels, Dramas, Newspapers, Public speeches, and so on. Of course, to make propaganda effective in this particular direction, we have to use particular media for a particular class of people. “If people are illiterate, TV, radio, dramas and movies have to be used more, but if people are educated, novels and newspapers will serve the purpose better. Voluntary associations can be formed to make propaganda against the evils of dowry; others assert that voluntary associations as well as government should take the movement in hand together.”
There is one school of thought that suggests that inter-caste marriage should be encouraged because they will help in solving the problem of dowry. For encouraging the inter – caster marriages, boys and girls have to be given ‘self-choice’ opportunity in selecting their life – partners have not to emphasize much on the custom of ‘marriage by parental arrangement’ but have to permit a freer mingling of sexes with a view to giving young boys and girls control over their destinies.
Women’s organizations should come forward to help and reinstate victims of unhappy marriages especially where dowry is the prime cause for harassment. This will prevent the helpless brides from taking their own lives, as well as, give courage to families who feel that divorce is a social stigma.
A reorientation in the educational pattern needs to be brought about. No longer should the silent, suffering Sati-Savitri be help up as a model but instead, woman should be given her due dignity and honour in a democratic society in India. Films, plays and articles should be written with this in mind.
Parents should inculcate in their children especially their daughters, an appreciation of their own worth. Equal opportunities should be given to boys and girls and the treatment meted out to both within the home should be the same. The dignity of labour and ability to perform simple household tasks will hold both boys and girls in good stead. The young men and women of tomorrow should be trained to face life as partners and not as superiors and inferiors.
1. Though every parent realizes that dowry is a social evil and need be curbed, but neither the parents are in a position to ex pose that they given dowry for they would not like to be disgraced in public but also held guilty under the Dowry Prohibition Act. This attitude should change.
2. Government servants who either demand or receive dowry should be subject to strict disciplinary action.
3. No suspicion certificates should be demanded from the parents in – law of a girl who died within seven years of marriage.
4. Weddings should be solemnized in a simple manner, so that the parents do not have to feel the financial pinch.
5. The Dowry Prohibition Act should be enforced strictly – its many loopholes should be corrected. Dowry offenders should be publicly exposed and punished in the form of imprisonment of fines.
6. Lavish expenditure and show of wealth at weddings should be criticized. Educated young men and women should be made to realize that the exchange of money and goods in their names is a personal affront to their intrinsic worth.
7. To extend the protection to women in the matrimonial home, a new offence – the offence of cruelty to wife by her husband or in – law has been inserted in the Indian Penal Code. In our country, judiciary is also responsive to the situation and it has grabbed every opportunity to pronounce firmly against this evil. The Punjab & Haryana High Court observed:
Laws that cannot be enforced only foster a general disrespect of law. This very criticism was given by P.N.Sapru (a former judge of Allahabad High Court and the then member of parliament) in the parliament on August 21, 1959 when the Dowry prohibition Bill was being discussed in the Rajya Sabha. He had described the Bill as ‘ridiculous’ and went to the extent of suggesting its withdrawal. He said that it will do no good to pass legislation which cannot be enforced.
Such legislation will only bring law into contempt. Even the government was skeptical about its efficacy. The then Deputy Law Minister, Hajarnavis had said. “It will almost be next to impossible to prove an offence under the Bill because no parent is going to blight the future of his daughter by making a complaint that dowry has been extracted from him.”
The evils of dowry thus cannot be eradicated by legislation alone. No law can be enforced without the whole-hearted co-operation of the people. Enacting a law no doubt sets a patterns of behavior, activates social con-science, and render some assistance towards the efforts of social reformers in getting it abolished but we cannot eradicate the evil itself unless the people carry the philosophy behind the law much further.
The women population in India according to 2001 census is about 500 million, which is nearly 50 percent of India's total population. Despite such a huge margin, the status of Indian women in society is not very pleasant. The question is why?. Human beings are born equal but are never treated equally. Unequal treatment to women or the gender bias is not a new phenomenon. Our mythology, if referred to, shows us the gender bias that was prevalent in India.
It may be concluded that the abolition of the custom of dowry would be a landmark toward social reform. With whatever intentions this custom may have been started, it cannot be denied that it has failed to recognize women as human-beings with emotions, feelings and a separate identity. Rather, it considers them as pieces of valuable property and as sources of income for the further upliftmeent of the groom’s family. This great injustice has got to be stopped, whether it be by education, propaganda, welfare associations, or legislation. When we find even highly educated and foreign-returned young men not averse to the idea of dowry, the limit has been reached.
We have become permitted this evil to disfigure the face of our society long enough. The time has come for it to be scrapped root and branch. Unless we become more progressive in our outlook, less orthodox in our ways, and more revolutionary in our ideas, dowry will remain the bane of our society. It is only on the wheels of understanding and a sense of co-operation that the chariot of society can move smoothly. Unfortunately, marriage nowadays, in spite of its veneer of religious sanction, has been degraded to the level of market commodity.
Marriage settlements start not with selecting boys and girls of character, high aspirations, and modern values but with dowry. Hence, it is now high time for the Hindu society to commit suicide. One should not forget that marriage is a sacrament and not a business deal. The sacred institution of marriage has been debated by this vicious practice. When a girl is accepted not fro her virtues but for the money she brings and when the dowry she brings is the be-all and end-all of the transaction, the marriage looses all sanctity and sublimity. The sooner the dowry becomes the thing of the past, the better for our society.
The problem of dowry demand is not merely one of a family demanding cash and goods beyond the capacity and desire of another family to give but rather a question of the inter relatedness of psychological, social and economic factors. As one reads the shocking story of individual woman and families, one notice that there is very little and often no awareness among them of the roots of the problem or any motivation to curb the practice and bring about a much needed social change. This can be attributed to an internalization of prevailing particular values which view women as inferior and having only themselves to blame for their predicament. It seldom sees them as victims of a particular form of oppression or of socially prevalent sex biases.
The burden of tradition, a prevailing ideology of male superiority, an insensitive police fore, and archaic judicial system and a society that condones violence creates a chamber of horror where even angels would fear to tread.
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