The culture of India known all over the world, but still it has a darker side to it that we are reluctant to talk about or say we tend to avoid to talk about it. If we start listing them there are a lot of evils that have existed from centuries and some are the newer ones, some of the conventional evils have started to take new forms as per the changing society. When we talk about the term dowry, we form an image in our minds that there are a cruel husband and his family that has done atrocities on the innocent daughter in law of their family. But, have you ever imagined it in the other way around, that the atrocities are being done by the daughter in law? In our society wherein, the gender gap is very much prevalent, no matter how much we say that the disparity between the males and females have started to disappear, but then too there are certain aspects in which there are still a lot needs to be done. Now, when I talk about gender disparity, I’ll not talk about the things that have already been talked about, the issue of the new era is that women are considered to be the ones who are the victims and the men are the ones who are the wrongdoers, we are very much reluctant to bear this fact that women can also commit a crime under the shadow of their innocence. The history of India is as such that there is no wonder that people have formed this image, there has been a time when women were the ones who existed only on the victims’ part, they experienced a lot of cruelty from the society as well as from their families, and still, there are regions and sects where women are experiencing the same.
If we take look back into our history, women had a really tough struggle in gaining equal rights as the male in our society, but then also we cannot say that they had achieved their rights for which they had been struggling so long. There have been a number of debates and disputes in India on this particular topic concerned with the position of women in Indian society. These debates arose on many matters such as their education, health-related matters, economic position, gender equality etc. The time phase between the duration of independence of our country and the present situation saw much difference in the condition of women.
There was a time when the exchange of gifts between the groom’s and bride’s family were in common practice, but that was done with their own will without any force or under any sort of compulsion, but soon the scenario changed, as men were considered to be on an upper hand in the society and women were a liability of the family, a mentality emerged were the groom’s family started demanding a huge amount of dowry from the bride’s family, and the bride’s family considered it to be their duty to give it as demanded. With time this practice became very much common and was impliedly accepted by the society, soon a situation emerged where the demands of the groom’s family started increasing on a drastic level, they started doing cruelty with the girl in order to demand more and more dowry, resulting the girls suffered a lot and even committed suicide due to it. After seeing this grave scenario, our legislature came up with an act which for the first time talked about the term dowry and came up with punishments and penalty for the same. This act brought a sense of fear among those who were practising this, all those families were punished under this, whether who took the dowry or the ones who gave it. Amendments were also done under the Indian Penal Code, which came with the provisions for the same.
All steps were taken to eradicate this evil practice from our culture, and it even worked to an extent, the number of deaths caused due to dowry demand started to decline, but there is the new trend that has come up, although its statistics are only around 10%, then to it brings up a really serious issue that needs to be taken care of. In recent years the number of fake cases of dowry has come up, the women in certain cases have used these laws for fulfilling their own selfish purposes and for their ego satisfaction. Nobody talks about it in the public forum as there is this concept among them that women cannot commit such grave crime rather they are the ones who have been tortured.
When the law regarding the dowry practice came up, it came with a drastic change in the common criminal procedure practice, under the criminal procedure, it is said that the accused is assumed to be innocent till the time he has not been proved guilty, that’s the basic principle under which all the cases are dealt with but the anti-dowry law came up with an exception, here the accused husband and his family are presumed to be guilty on the first hand and the burden of proof lies upon them to prove their innocence. Now, in the recent decades, the females and their families have started using this as a shield behind which they commit the alleged crime, also they’ve got this blanket protection from the society that they are the victims and they would not commit such crime.
Recently, the Supreme Court took a step ahead, taking into consideration this issue, where they gave a direction that till the time the charges are not proved there would be no arrest in the dowry cases. This shows that our judiciary is working in this area, but then too the changes only come when the society accepts certain things, till the time society doesn’t change its mindset nothing can be done.
The legislature and the judiciary always try to strike a balance between the legal and social current of the society, but then too it keeps oscillating like a pendulum. When there were no anti-dowry laws, the pendulum was on the men’s side and after the enactment of the law, this pendulum started oscillating towards the females. This oscillation would keep on going till the time there is actual gender equality in the society, apart from the documents and the debate forums. Gender equality not only favouring the women specifically but also keeping a check that the men of the society are not being harmed under the name of women empowerment.









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