DOWRY SYSTEM IN INDIA

DOWRY SYSTEM IN INDIA

Author:- NISTHA MISHRA, a Student of AMITY UNIVERSITY, LUCKNOW CAMPUS

Introduction

In India, the custom of giving and receiving dowries in connection with marriage is referred to as the "dowry system. A dowry is often a gift from the bride's family to the groom's family in exchange for their son or daughter getting married. Even though dowries have been a part of Indian society for many years, they have changed over time and now take many different forms.

Definition of dowry in law:

The term "dowry" refers to any property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage to the other party to the marriage, or by either party's parents or by any other person, to either party to the marriage or to any other person, at or before or at any time after the marriage in connection with the marriage of said parties. Dower or Mahr, however, do not apply to those to whom the Muslim Personal Law applies.

Origin of dowry:

The origin of this social ill can be traced to the custom or tradition of giving gifts to brides in marriage. This gift-giving system was voluntary and found support in our religious convictions that a father of a girl has an obligation to give a portion of his property to his daughter in her marriage because after marriage she would be moving to another home and the son would be inheriting the remainder of the father's property. Therefore, giving a share of a father's income or property to his daughter was seen as his moral obligation.

However, in earlier times, this arrangement was voluntary, and the family of the bride would make gifts in accordance with their ability, rather than being an exploitative system where explicit demands would be made by the family of the bridegroom. But with time, the system of giving presents was exploited and transformed into a system of demands made by the bride's family. And the structure of the system was one of dowry. It undermines and reduces the dignity of women while also degrading the institution of marriage, making it a social evil.

Dowry Prohibition Act

According to the Dowry Prohibition Act of 1986, it is illegal to demand or provide dowries. However, the dowry system continues unabated and is really getting worse by the day, notwithstanding the Act. The bride's family endures a great deal of shame and sorrow. And this leads to and serves as one of the driving forces behind other social ills like female infanticide and sex-selective abortion. The same reason that female children are always treated differently in families is because they are seen as financial burdens, and the family does not find it appropriate to spend money on her education or food to arrange a dowry for her marriage.

The 1986 Dowry Prohibition Act was unsuccessful in curbing the negative aspects of the dowry system and in offering remedies for the growing problem of dowry fatalities. Thus, the Parliament decided it was appropriate to introduce a separate provision to address the crime of bride burning. Thus, a new section, Section 304-B, was added to the IPC by an amendment, creating a new crime known as "dowry death." The detailed clause outlines the factors that must be taken into consideration if a married lady passes away; if those factors are present, the death will be regarded as a dowry death. The rule stipulates that the maximum penalty for dowry death is life in jail.

Factors affecting dowry system in India:

1. Historical Perspective: The custom of dowry has its origins in India and was originally created to give the bride financial stability in her future marriage. But over time, it has changed into a system where the groom's family frequently requires a sizable dowry as a requirement for marriage.

2. Social and economic considerations: social and economic considerations have a significant impact on the dowry system. The bride's family may suffer a great deal of financial hardship as a result, and in certain situations, it may even result in financial exploitation or bankruptcy.

3. Legal Framework: To combat the problem of dowry and dowry-related harassment, India has passed several laws. The giving or receiving of dowries is prohibited by the Dowry Prohibition Act of 1961. Additionally, it is prohibited by law to make direct or indirect dowry demands.

4. Challenges and Issues: The dowry system still exists in many areas of India despite being illegal. Brides are still frequently the targets of dowry-related harassment and violence, which is frequently sparked by disagreements over payment amounts.

5. Factors of a social and cultural nature: Indian culture and society have strong ties to the dowry system. It is frequently viewed as a means of raising the groom's and his family's social standing. It might be difficult to alter these ingrained attitudes and behaviours.

6. Campaigns and Education: In India, several NGOs and government efforts have been trying to educate the public about the drawbacks of the dowry system and to provide women with the tools they need to reject dowry requests. These initiatives seek to advance gender equality and alter society's perceptions.

7. Change and Progress: Although the dowry system is still a major problem in many areas of India, there has been progress in finding solutions to this issue. Some dowry-related practices have decreased because of improved education and economic empowerment for women, as well as shifting social norms. It is crucial to note that the presence and nature of the dowry system might differ from region to region and from one community to another in India. With an emphasis on altering cultural norms, informing individuals of the legal repercussions of dowry-related offences, and advancing gender equality, efforts are still being made to stop this practice.

Conclusion

The dowry system is nothing new, but it has existed in our culture for a very long time. It is now time to eliminate the system, and to do so, we must begin at home by swearing neither to accept nor to provide a dowry. Even though we have numerous anti-dowry laws, the dowry system continues to exist in our culture, which leads to criminality and abuse against women.