Dowry: A Social Issue

Chapter: 1 INTRODUCTION
Dowry is derived from the ancient Hindu customs of "kanyadan" and "stridhan". In "kanyadan", the father of the bride offers the father of the groom money or property, etc. whereas for "stridhan", the bride herself gets jewellery and clothes at the time of her marriage, usually from her relatives or friends. In "varadakshina", the father of the bride presents the groom cash or kind. All of these could be done voluntarily and out of affection and love. The Hindu marriage system is sacramental. According to this system, a marriage is forever, and there is no scope for a separation. Among the various ceremonies previously practiced, the ceremony in front of a "godly" fire ("Yajna" in Sanskrit) has taken over, the antiquated system of "marrying a wife by capture. This form of marriage began the practice of dowry, where originally, the family of the bride would accept gifts and money from the groom's (potential conqueror's) family as an alternative to bloodshed during the capture of the bride. A later modification of this system has paved way for the present dowry system primarily practiced by the society. The dowry custom continues to rule society. In majority of Indian families the boy has inheritance rights while the girl is given a hefty sum at the time of her marriage in lieu of the Government regulated equal rights for girls in parental property. The evil of the dowry system has spread its tentacles in almost all parts of the country and sections of society. There are several reasons for the prevalence of the dowry system, but the main one is that it is a necessary precondition for marriage. "No dowry, no marriage," is a widespread fear. There has also been an emergence of a feudal mindset with a materialistic attitude in a new globalized economy. The price tag for the groom is now bigger and bolder. The emergence of an affluent middle class, the torchbearer of social change in modern India, is the main factor for the perpetuation of the dowry system. Families arrange most marriages, and a man who does not marry for love learns he can marry for possessions. For this man, and his family, a woman becomes the ticket to shortcut riches through the system of dowry. There are a number of things people desire to have in their own houses but cannot

Dowry: A Social Issue

afford; they use the opportunity of a son's marriage to get them. The girl's parents do not protest against the blatant extravaganza, as they regard the alliance as a steppingstone towards higher social status and better matches for the remaining children. Dowry as a phenomenon has gone beyond the ritual of marriage. Pregnancy, childbirth and all kinds of religious and family functions are occasions when such demands are made. A more sophisticated public image of an extended gifting session has replaced the old system. Now there is demand for receptions in marriage palaces. The trousseau includes designer wear for the bride and groom's family. Chefs are flown in for multi-cuisine wedding dinners. The bride's family usually pays for all this. The rich revel in the exchange of their black money, but this in turn exerts pressure on the other classes to ape them with serious social consequences. The women have become a kind of commodity. It is them who are the worst sufferers because dowry is most often a monetary agreement between two men - the bride's father and the groom. Caste-based practices have only added fuel to the fire. Marriages in political families are arranged to consolidate the caste base for support in electoral politics, so they do not challenge the dowry system. Dowry rituals have now spread even to communities where they were unknown. It has gone to different castes, crossed the boundaries of provinces and education and religion. Muslims and Christians, such as the Syrian Christians of Kerala and the Roman Catholics of Mangalore have started demanding dowry. Official statistics show a steady rise in dowry crimes. More than 9, 5000 women are killed every year in India over dowry. Bihar and Uttar Pradesh still record the maximum number of dowry crimes, but Bangalore, India's fastest growing city also shows an alarming rise - four women reportedly die every day because of dowry harassment and domestic violence. The cases of dowry torture are the highest accounting for 32.4% of crimes against women in the country.

The Dowry Prohibition Act, in force since 1st July 1961, was passed with the purpose of prohibiting the demanding, giving and taking of dowry. In 1980 the Government set up a committee which recommended amendments in the Dowry Prohibition Act and also suggested expanding the definition of dowry and instituting family courts and National Commission for women. Many parliamentary debates led to some amendments in 1983,1984 and 1986.To stop the offences of cruelty by

Dowry: A Social Issue

husband or his relatives on the wife, Section 498-A was added in the Indian Penal Code and Section 198-A in the Criminal Procedure Code in the year 1983. The Dowry Prohibition Act clearly stipulates that a person who gives or takes or helps in the giving or taking of dowry can be sentenced to jail for 5 years and fined Rs.15, 000/- or the amount of the value of dowry, whichever is more. The Act also prohibits the giving and taking directly or indirectly any property or valuable security, any amount either in cash of kind, jewellery, articles, properties, etc. in respect of a marriage. The control is provided by stating a limit and names of gifters and their relationship to the married couple to be signed by both sides of parents. In 1986, the Act was amended again, empowering State governments to appoint Dowry Prohibition Officers, who not only had a preventive role but also had powers to collect evidence against people who took dowry.

Despite protest by women's organizations, serious activism, legal amendments, special police cells for women, media support and heightened awareness of dowry being a crime, the practice continues unabated on a massive scale. Despite every stigma, dowry continues to be the signature of marriage. Women need real social, political, financial and moral support in their fight against the system. They have to be empowered so that they can take their decisions about their own life by refusing the dowry system.

1.1 REVIEW OF LITERATURE Dowry death: One bride burnt every hour Subodh Varma, TNN Jan 27, 2012, 03.32 AM IST In a crime that is prevalent only in India, greedy husbands and his relatives harass the newly wed bride for getting more dowry, and often kill her in the process. And, very often, she is burnt alive. This horror is therefore called bride-burning or in official terms, dowry death. In 2010, there were 8391 reported cases of dowry death in the country. That works out to a shocking one death every hour approximately. Brideburning is on the increase - just a decade ago, in 2000, there were 6995 cases. Dowry is an ancient tradition among the upper castes but its spread among all sections of

Dowry: A Social Issue

society probably in the late nineteenth century. With increasing commercialization this acquired a new meaning - it became an opportunity for men and their families to get their hands on cash, jewellery, durables, and various other commodities. Although the government prohibited dowry through legislation in 1961, it was never implemented properly. Prohibition officers were supposed to have been appointed in each district, taking the battle to the grassroots but nothing happened. And, the tide of greed driven murder of young brides continued unabated. In 1986, under huge pressure from the women's movement, the Indian penal Code was amended to include section 304B, specifically against murder following harassment for dowry. Section 498A was added to define harassment and cruelty by husbands and his relatives. Strangely this too has not had much effect. Laxity of the government machinery can be one reason for the failure of legal measures. After all, conviction rates in bride burning cases have dipped from an already weak 37% in 2000 to 34% in 2010. In section 498A cases, the conviction rates are even lower: just 19%, although reported cases were 94,000 in 2010. But perhaps the primary reason for spread of this cancer has been the almost complete absence of any public campaign or mobilization against it for the past 25 years. As a result, girls are considered a burden on the parents, families go bankrupt trying to get their daughters married off, choice in forming relations is frowned upon and thousands - maybe lakhs - of young women suffer violence silently behind closed doors.

Filing false case valid grounds for divorce: Madras High Court
TNN Nov 23, 2012, 03.22 AM IST

Levelling false allegations and filing false cases against a spouse is indeed cruelty and a valid ground for divorce, the Madras high court has said. Justice S Vimala, reiterating this established legal position, passed an order to this effect last week in a case where a woman had accused her husband of extramarital affair, suspecting her character, demanding dowry and subjecting her to cruelty. During cross-examination in a trial court, however, the woman admitted that the allegations were false. She also wanted to be reunited with her husband. Though a subordinate court had ordered restoration of her conjugal rights, the high court has said such an order cannot be sustained. "The admissions made by the wife during cross-examination are strange and shocking. There is clear-cut admission that the husband did not demand dowry

Dowry: A Social Issue

and there was no cruelty on account of that. The allegation regarding illegitimate intimacy of the husband with other woman is also admitted to be false," Justice Vimala rued. "The relationship between the husband and the wife is always very deep but delicate. Trust is the hallmark of maintaining the relationship. Because of the deep intimacy, one partner making false allegations causes irredeemable damage. The wife has chosen to castigate the character of the husband, alleging that the husband is guilty of misconduct by maintaining illegitimate relationship with another woman. Certainly the allegations regarding dowry and illegitimate intimacy (which are admitted to have been falsely made) would amount to mental cruelty. Time and again, the Supreme Court has held that filing of cases with false allegations against the husband itself would amount to mental cruelty. Therefore, it is clear that the wife is guilty of cruelty." Noting that the wife had sounded death knell to her own matrimonial life, Justice Vimala said she must reap what she sowed. The judge, however, lamented the fact that for over a quarter century the couple had lived apart, and that since their marriage on June 10, 1984 they had lived together hardly for one year. "The couple, related to each other even before the marriage, ought to have honoured the marriage by celebrating the silver jubilee. They have made the marital life miserable by fighting with each other in court for more than a decade," the judge observed.

Misuse of dowry act provision

TNN Aug 28, 2012, 01.08 AM IST

The high court on Monday asked the government to spell out its stand on amending the act relating to dowry harassment. Observing that section 498 A of the Indian Penal Code relating to dowry harassment was being misused, the division bench headed by Justice K Bhakthavatsala said: It is being increasingly misused because as per the Act when a woman files a complaint, police register the case. And without verifying the correctness of the case, they arrest the husband and his family members.'' The bench suggested that instead of police directly registering the case, the victim can file a complaint with the Karnataka State Legal Services Authority. After three or six months, if the case/complaint is genuine, police can take further action. "It will

Dowry: A Social Issue

reduce the number of divorce cases and also avoid the misuse of 498A provision," observed the bench while hearing a petition related to a domestic violence incident.

Chapter-2 RESEARCH METHODOLOGY

2.1 STATEMENT OF PROBLEM In spite of modernization and the increasing role of women in all walks of life, the practice of dowry in India is becoming widespread, and the value of dowry is increasing. Now dowry has become a great criterion in the marriages instead of a proper bride. If a brides family fails to pay the amount of dowry demanded by the prospective grooms family, the bride will be cruelly treated by the in-laws, and in many cases will be burnt to death. 2.2 OBJECTIVES 1. To study the concept of Dowry in India since ancient times. 2. To study how the concept of Dowry has emerged as a concept of Bride Price in the present times. 3. To provide suggestive conclusions regarding how the social evil of Dowry system in India can be eradicated, or at least minimized to a certain extent. 2.3 HYPOTHESIS 1. No dowry, no marriage, is a widespread fear in present day society. There has also been an emergence of a feudal mindset with a materialistic attitude in a new globalized economy. The price tag for the groom is now bigger and bolder.

Dowry: A Social Issue

2. The emergence of an affluent middle class, the torchbearer of social change in modern India, is the main factor for the perpetuation of the dowry system.

2.4 RESEARCH SCHEME The Project report is based on Doctrinal research carried out on the basis of secondary sources. The research work is an outcome of the discussions with the course co-coordinator Ms. Sunita Sharma, Asst. Prof. ILNU, and the valuable suggestions proposed by Maam. Also, the content is prepared from secondary sources such as library sources, online database, published journals and research articles and the official portal of various financial institutions. Effort has been made to bring out an original piece of work and to provide relevant conclusions. Course of Study For the purpose of this project, various articles and journals related to the Dowry System in India, its history, and its development in contemporary times, have been studied. An analysis has been made of the same and relevant material and references have been derived from a diversity of sources. After having made a study of the data collected through these sources, certain observations have been made and conclusions have been written in light of the same.

Dowry: A Social Issue

Chapter-3