Dowry system

The tradition of dowry in India has persisted for generations, evolving into a widespread practice with deep roots in societal norms. Despite legal prohibitions, the dowry system continues to thrive, leading to various forms of gender-based violence and financial burden on families. The Dowry Prohibition Act of 1961 aims to address these issues by penalizing those involved in dowry transactions. However, its enforcement remains a challenge. Solutions include strengthening legal enforcement, conducting public awareness campaigns, economic empowerment of women among others. While the government has introduced reforms, societal change is crucial to eradicate the dowry system and promote gender equality. It is imperative for society to value and prioritize the well-being of daughters to bring about meaningful change and eliminate the harmful practice of dowry.

The tradition of dowry in India has endured for generations. It involves the exchange of money or property during marriage, originally intended as a gesture of care for the bride. However, over time, dowry evolved into a widespread practice that was sometimes exploited by families. What began as a symbol of mutual respect between families soon transformed into a financial obligation, leading to broken engagements, divorce, and even violence or death in cases where dowries were not paid. As a result, countries like India, Pakistan, Nepal, Greece, and Kenya have enacted laws to prohibit dowries in any form.

A dowry, consisting of property or money, is a payment made by the bride's family to the groom or his family upon marriage. This ancient custom is documented in some of the earliest writings and likely predates recorded history. Dowry practices are prevalent in cultures with strong patrilineal traditions, where women are expected to live with or near their husband's family (patrilocality). The tradition of dowry has deep roots in various regions worldwide, including Europe, South Asia, Africa, and other parts of the world. Situation in India is not improving at the desired pace. In 2021, there was a 31% rise in cases related to the Dowry Prohibition Act compared to 2020, according to data from the National Crime Records Bureau.

Dowry exists in India due to a combination of historical, social, economic, and cultural factors:

• Historical Inheritance Practices: Historically, dowry originated as a means of providing economic security to women in societies where they lacked property rights, serving as a form of inheritance upon marriage to ensure their financial well-being in their new households
• Societal Expectations and Status Symbols: In many communities, the exchange of gifts and valuables during marriage is considered a social norm and a symbol of prestige and social standing. Families often feel pressured to meet these societal expectations, leading to the practice of giving dowry.
• Economic Security for the Bride: Dowry is sometimes viewed as a means to provide economic security to the bride in her marital home. It is seen as a way to help her establish herself and contribute to her new household.
• Traditional Beliefs and Norms Dowry practices are deeply ingrained in traditional beliefs and customs in certain communities. These customs are passed down through generations and continue to be upheld despite legal prohibitions.
• Illegal but Persisting: Despite the Dowry Prohibition Act of 1961, which made the giving and receiving of dowry illegal in India, the practice continues to persist in various forms due to social pressures, cultural norms, and the reluctance of law enforcement to intervene in private matters.

• Physical Abuse: Any form of physical violence or assault inflicted upon a woman due to disputes related to dowry, including beatings, injuries, or forced labor.
• Emotional Abuse: Persistent verbal or emotional harassment towards a woman by her husband or in-laws for dowry, causing mental anguish, depression, or trauma.
• Sexual Assault: Any unwanted sexual activity or coercion perpetrated against a woman in the context of dowry demands, including rape, sexual harassment, or marital rape.
• Abetment to Suicide: Instigating or encouraging a woman to take her own life due to dowry-related harassment or abuse, leading to her death by suicide
• Dowry Death: The death of a woman caused by any burns or bodily injury in connection with the demand for dowry, including issues of bride burning and murder to cover up dowry-related disputes.

The Dowry Prohibition Act 1961 addresses dowry-related issues in India.

• It prohibits the exchange of dowry by either party in a marriage
• It penalises those who demand or advertise dowry. The punishment could be imprisonment for minimum 5 years and a fine more than 15,000 or the value of the dowry received, whichever is higher.
• The law mandates the documentation of gifts exchanged at weddings and requires the recipient of dowry to transfer it to the bride.
• Individuals punished under this Act include those involved in giving or taking dowry, assisting in dowry transactions, demanding dowry, advertising dowry, and failing to transfer dowry to the bride within the specified time.

Protection of Women from Domestic Violence Act, 2005: It also includes harassment/ violence committed on women due to dowry demands. It provides various remedies to protect women like

• Protection Order: Prohibiting abuser from going after the victim and abusing her.
• Residence Order: Prohibiting husband from throwing a wife out of the house.
• Compensation Order: Money to cover medical and property damage due to domestic violence based on actual loss suffered by the victim. It also includes loss of earnings to victim.
• Custody Order: To secure the custody of children of the victim.

Indian Penal Code, 1860 - Section 304B outlines the definition of dowry death and prescribes strict punishments for those found guilty. Offenders face a minimum sentence of seven years' imprisonment, with the possibility of a life sentence.

Code of Criminal Procedure, 1973 - Under Section 41 of CrPC, dowry death is categorized as a non-bailable offense. This means that the police have the power to arrest any individual suspected of involvement in such cases without the need for a warrant. Furthermore, they are authorized to conduct investigations with or without the permission of a magistrate or court.

• "Mission Shakti”-It is an Integrated women empowerment programme, as umbrella scheme for safety, security and empowerment of women
  • Under this , OSC (One Stop Centres) has been set up to provide integrated support and assistance to women affected by violence and in distress
• Awareness: the Government, through institutions like the National Commission for Women and State Women Commissions have been spreading awareness through seminars, workshops etc. to sensitize people about the evils of dowry system, about the various provisions of related laws
• Empowerement: Initiatives like Beti Bachao Beti Padho, Mahila Samman Bachat Patra , Sukanya Samriddhi Yojana helps in women empowerment.

• Financial Burden: Dowry places a significant financial burden on the bride's family, often leading to financial strain, debt, and impoverishment.
• Gender Inequality: Dowry perpetuates gender inequality by treating women as commodities and reinforcing the idea that they are a financial burden on their families.
• Violence Against Women: Dowry-related disputes can lead to domestic violence, harassment, and even dowry deaths, where women are killed or driven to suicide due to dowry-related abuse.
• Stifling Education and Career Opportunities: The pressure to provide dowry may lead families to prioritise marriage over education and career opportunities for their daughters, perpetuating gender stereotypes and limiting their potential.
• Undermining Marital Relationships: Dowry can undermine the foundation of marital relationships by placing materialistic expectations on marriages, leading to dissatisfaction, conflict, and breakdown of marriages.

• Legal Enforcement: Strengthening the enforcement of existing anti-dowry laws to deter and punish perpetrators.
• Public Awareness: Conducting extensive awareness campaigns to educate society about the negative consequences of the dowry system and promote gender equality.
• Economic Empowerment: Providing women with opportunities for education, skill development, and employment to reduce their dependence on dowry for financial security.
• Community Interventions: Engaging community leaders and grassroots organizations to challenge traditional norms surrounding dowry and promote gender-sensitive attitudes.
• Support Services: Establishing counseling centers and legal aid services to support victims of dowry-related violence and harassment.
• Media Engagement: Encouraging responsible media portrayal of dowry issues to challenge stereotypes and promote positive social norms.

Today, the government has introduced numerous laws and reforms aimed at eliminating the dowry system and enhancing the status of girls through various schemes. However, it is crucial for society as a whole to recognize and comprehend this issue. It is our collective responsibility to take proactive measures to instigate the required transformation and cease the practice of giving or accepting dowry. We must prioritize valuing our daughters from the outset so that their worth is acknowledged as they grow older.