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AN ANALYSIS OF THE SOCIO-LEGAL IMPLICATIONS OF
DOWRY DEATHS IN CONTEMPORARY INDIA
Nishtha Chawla BBA.LLB 7B 07914703521 Prarthna Kapur BA.LLB 7A 02914703821
Introduction
‘Dowry’ refers to assets, property, or valuable gifts given by the bride’s family to the groom’s family upon marriage. It is a cultural practice that has held monumental significance in the marriage praxis in India. Although its origins are rooted in historical and social contexts, dowry has taken on various forms across different cultures, regions and religions. For generations, paying and accepting dowry at the time of marriage has been the social norm. The practice has, for centuries, strengthened the roots of patriarchy in our society. Initially, the dowry system was intended as a form of inheritance for women, providing them with financial security in their marital homes. However, over time the practice transformed into a transactional expectation, which allowed the groom’s family to demand exorbitant amounts and made it obligatory for the bride’ family to comply with said demands. This shift has contributed to numerous social issues including violence against women in their marital homes, dowry related deaths etc. ‘Dowry death’ is a term that refers to a grave consequence of dowry-related issues. It pertains to cases where a woman dies under suspicious or unnatural circumstances within a few years of marriage. The death occurs as an unfortunate consequence of harassment, and verbal and/or physical abuse by the husband or his family due to dissatisfaction regarding the amount of dowry paid by the bride’s family. The term ‘Dowry Death’ has been legislatively defined as the death of a woman caused by any burns or bodily injury that occurs under otherwise 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, ay demand for dowry, such death shall be called ‘dowry death’ 1
Thus, as seen in its definition, dowry death is a form of domestic violence geared specifically towards married women who are unable to meet the financial demands made by their husbands and in-laws.
Origin of Dowry and Dowry Deaths
The practice dowry can be traced back to the Vedic Ages. The code of Manu (ManuSmriti) sanctioned dowry and bride wealth (kanyadaan), with dowry gaining prestige and association with Brahaminic caste. 1 Originating from 2500 to 1500 B.C., during the late Vedic period, a dowry traditionally symbolized the property that the bride brought into the marriage for her own use and benefit.^2 Called Kanyadaan, dowries play a vital role in Hindu marital custom.^3 Historically, the dowry was a wedding gift voluntarily bestowed on a bride as a form of economic protection since she had to leave everything behind to join her new family.^4 Given the social expectation that women should not work outside the household, the dowry represented the woman’s contribution to the start of a new marriage and family. At its conception, the Kanyadaan that the bride brought into her marriage was considered sacred and gave her both power and status within the marriage.^5 However, as a result of the “growing consumerism and the increasing tendency to equate social status with marital objects,” the dowry tradition in India experienced a drastic transformation. Today, the term dowry typically refers to any “unilateral transfer of resources from the bride’s family to the groom’s family for inviting her to their home permanently and….is, therefore, a compensatory payment to the family which agrees to shelter her hypothetically for the rest of her life.”^6 Although dowry exchanges were initially geared toward protecting the woman, the contemporary definition demonstrates how women are presently not seen as equal to their husbands, but rather as a burden likely to be abhorred by the husband’s entire family. It is under this social construction of the dowry as a form of compensation for “putting up with” the bride that dowry deaths have emerged. The transformation of the dowry practice into this current phenomenon has largely been shaped by the low status of women within Indian society. Traditional inheritance laws, for example, prohibit the transfer of property and material assets to women. As a result, women are often viewed as a burden because valuable family resources, which would otherwise be inherited by the males, are used on their upbringing and dowry. Also, because Indian women are expected to cut all ties with their family once married, they are theoretically unavailable to assist and support their parents in old age. Consequently, few families are willing to expend the limited resources they have on female children. As a consequence of the low value placed on the woman’s life, the woman is viewed as a burden to the husband and his family. This negative image of a woman perpetuates the norm that she can be easily disposed of the moment her family fails to supplement her dowry for the satisfaction of the husband and his family. Another prevailing view that would explain the emergence of contemporary dowry practices and dowry-related deaths is the idea that the dowry death phenomenon was propelled by the integration of Western consumerism, which led Indian 1
Laws enacted to combat Dowry System
The Dowry Prohibition Act of 1961 (28 of 1961)
The Dowry Prohibition Act – An Indian law was passed on May 1, 1961, with the intention of outlawing the giving and receiving of dowries. It is applicable to the whole country, excluding Jammu and Kashmir. This act is an important piece of law that aims to safeguard women's rights and abolish the dowry system. While progress has been made, additional efforts are needed to address societal attitudes and ensure effective implementation. Section-2: Dowry "S. 2. Definition of 'dowry'- In this Act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly-
_1. by one party to a marriage to the other party to the marriage; or
- by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before 2 [or any time after the marriage] 3 [in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies._ The Indian Penal Code 1860 - Section 304B: Dowry Death: "S. 304B. Dowry death.-(1) Where the death of a woman is caused by any burns or bodily 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. Explanation.-For the purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."^2
Proposed Shift in Bhartiya Nyaya Sanhita
On 11 August 2023, three bills were proposed to replace the existing criminal laws in India. The bill replacing the "Indian Penal Code, 1860" is "The Bhartiya Nyaya Sanhita, 2023", which brings significant changes. The proposed changes in the new bill, Bhartiya Nyaya Sanhita, involve moving the provision related to "dowry death" from Section 304B under the chapter "of Offences Affecting Human Body"^4 and sub-chapter "Of Offences Affecting Life" to Section 79 in the new act under "Of Offences Related to Marriage,"^5 raise important questions about the appropriate placement of this provision. This is where the proper arrangement of sections in codes or acts comes in.
Punitive Measures The Act imposes severe penalties for violations. Individuals convicted of either giving, taking, or demanding dowry – either directly or indirectly – may face : ● Imprisonment up to 5 years ● Fine of Rs. 15,000 or the value of the dowry, whichever is higher The Dowry Prohibition Act provides crucial protection for victims of dowry harassment, empowering courts to issue protection orders and injunctions to prevent further harm. This legal framework also shifts the burden of proof to the accused, requiring them to demonstrate their innocence rather than the victim proving the offense. Key Strengths of the Act’s Legal Framework
● Protection of Victims : Courts can issue protection orders and injuctions to prevent
further harassment or violence.
● Reversal of Burden of Proof : The accused must prove their innocence, alleviating
the burden on victims.
● Deterrent Effects : Stringent penalties, including imprisonment and fines, serves as
a deterrent to potential offenders.
Important Sections and Amendments :
Relevant sections under the Dowry Prohibition Act
1. Section 3: Prohibition of giving or taking dowry 2. Section 4 : Prohibition of demanding dowry 3. Section 5 : Penalty for giving or taking dowry 4. Section 6 : Penalty for demanding dowry 5. Section 8 : Protection of women from harassment
Amendments :
1. 1985 Amendment : Made dowry- related crimes cognizable and non- bailable.
2. 2005 Amendment : Increased penalties and introduced stricter provisions.
● Awareness and Support : Increasing awareness about dowry laws and providing support to victims can encourage more women to speak out. ● Stringent Laws and Implementation : Effective implementation of existing laws and policies is vital to prevent dowry-related crimes. ● Need for Holistic Solutions : Addressing the issue of dowry requires a holistic approach that goes beyond legal measures. Efforts to promote gender equality, empower women economically and socially, and challenge patriarchal norms are essential components of any comprehensive strategy to eradicate dowry. Community-based interventions, education initiatives, and awareness-raising campaigns can also play a crucial role in changing societal norms. ● Other methods: Promoting gender equality and challenging patriarchal norms and attitudes through education, awareness campaigns, and community interventions. Enhancing support systems for victims of dowry harassment, including access to legal aid, counselling services, and shelters. Addressing the root causes of dowry, such as economic disparities and social inequalities, through comprehensive social and economic reforms. Ultimately, eradicating the practice of dowry requires concerted efforts from all stakeholders, including the government, civil society organizations, and the broader community. By addressing the structural and systemic factors that perpetuate dowry, India can move closer to achieving gender equality and ensuring the safety and dignity of all its citizens.
Conclusion
Dowry is a menace crippling the Indian society. It is boosted due to systematic disorders – mythology, religion and tradition and inefficient policy making and governance from the legislature courts and police. Dowry system is no longer a traditional practice that will be eliminated with the process of social change rather a materialistic component of the Hindu marriage system. The stringent impact of dowry demands created preferences towards sons leading to female infanticide and fall in the India’s sex ratio - 940 women is to 1000 men^7. Dowry problem is a clash of class and caste structure. They are no solution to untangle the religious, social and economic factors causing the dowry problem. To some extent, education and media exposure can diminish the support for dowry but modernization has an edge over it. The society is more materialistic and greedier where goods are valued thus there is an inclining trend towards the demand for dowry. It is more of a display of social and economic status than a traditional custom. South Asian countries practice the custom of dowry, not on the basis of religious obligation, but solely out of greed and other materialistic objective. Therefore, in order to control the influence of dowry system in the society, it is necessary to make strict preventive measure and implementation against dowry.
References
This is the definition provided in the Dowry Prohibition Act enacted by the Parliament of India in 1961. (^2) Namratha S. Ravikant, Dowry Deaths: Proposing A Standard For Implementation of Domestic Legislation in Accordance with Human Rights Obligation
(^3) Shiva, Bride Burning & Dowry , INDIAFACTS, Dec. 21, 2008, http://indiafacts.com/news/women-abuse/2008122150/bride-burning-dowry/. (^4) See, e.g., OLDENBURG, supra note 1, at 32; Sunil Bhave, Deterring Dowry Deaths in India: Applying Tort Law to Reverse the Economic Incentives that Fuel the Dowry Market , 40 SUFFOLK U.L. REV. 291, 297 (2007) (^5) Purna Manchandia, Practical Steps Towards Eliminating Dowry and Bride-Burning in India , 13 TUL. J. INT’L & COMP. L. 305, 310 (2005) (^6) Dr. Nehaludddin Ahmad , Dowry Deaths (bride burning) in India and Abetment of Suicide: A Socio-Legal Appraisal , 2 JAEIL 275, 275 (2008), available at http://www.yijuninstitute.org/yijun/publications/pdf/note1-1-2.pdf (emphasis added). (^7) Williams, C. (2013). India 'dowry deaths' still rising despite modernization. Retrieved: http://articles.latimes.com/2013/sep/05/world/la-fg-wn-india-dowry-deaths- Menski, W. (1998). South Asians and the dowry problem. Stoke-on-Trent: Trentham Books and School of Oriental & African Studies. Teays, W. & A. (1991). The burning bride: The dowry problem in India. Journal of Feminist Studies in Religion, 7(2), 29-52. Umar, M. (1998). Bride burning in India. New Delhi: A.P.H. Pub. Corp. Domínguez, G. (2013). Dowry thrives in modern India. Retrieved : http://www.dw.de/dowry-thrives-in-modern-india/a-17076670 Ferraro, G., & Andreatta, S. (2014). Cultural Anthropology: An Applied Perspective. Cengage Learning
