A relic of a historical traditi on no longer relevant, the insti tuti on of dowry is one of the most pervasive and damaging features of India’s modern social fabric. It is one of the main causes of violence against women and has caused scores of men to treat women like mere property that can be owned and disposed of, rather than human beings to be respected. While dowry may have initially been seen as a way to help the newly-married couple set up their home, greedy husbands and their families have used it to reduce marriage to a business arrangement where the element of money takes precedence over all other considerations. This greed has led to the horrific and painful death of thousands of women all over India, who have not been able to meet their husband’s family’s ever-increasing demands for dowry and is conti nuing to do so. In order to combat this clear social evil, in 1961 Parliament took the step of introducing legislati on to combat it by enacting the Dowry Prohibiti on Act 1961. This was the first law that made the giving of dowry, the taking of dowry and the demanding of dowry criminal off ences.
A key part of all of these newly-created off ences was the concept of ‘dowry’ and what it included. Therefore, at Section 2 of the Dowry Prohibition Act 1961, the legislature introduced the following definition of dowry:
‘Dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) 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 or anytime aft er the marriage in connecti on with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
The institution of dowry prevalent in India cuts across all religions, castes, races and socio-economic groups. It is seen as a religious obligati on of the father to part with authority over his daughter and, in the course of fulfi llment of this ‘dharma’, the husband and his family are endowed with monetary and other benefi ts bestowed by the bride’s family. Usually the demand made is far beyond the capacity of the woman’s family, resulti ng in huge debts incurred in order to fulfil this religious duty. This custom is so deeply embedded in the larger framework of the society that, more oft en than not, this phenomenon is seen as a regular social practice, surpassing the enormity and threat that it poses to the delicate structure of a healthy and balanced society.
Quite often the form and nature of dowry differs, making it impossible to recognize any one disti nct method of transacti on that would consti tute the giving or taking of dowry. Therefore in additi on to the traditional payments made to the groom and his family, the amount or valuables paid to the husband or his relati ves subsequent to the marriage is also regarded as dowry, the underlying premise being that the transaction is made in connecti on with marriage.
Appallingly but not surprisingly, a major proporti on of violence against women is in relati on to and in connecti on with the failure to pay the amount demanded as dowry. As the phenomenon is not restricted to demands made solely on the occasion of marriage but long after the sacrament has been solemnized, there have been instances where torture of the bride and ‘bride burning’ have been reported years aft er the couple have cohabited together under the insti tuti on of marriage.
To combat the growing menace of dowry, the legislature enacted the Dowry Prohibition Act in 1961. Though the Act was the first major step by the legislature to deal with the ever increasing and variant forms of dowry, several legal infi rmiti es within the Act have prevented it from achieving what was intended of it, which necessitated further steps being taken to combat the problem.
As a result the legislature added Secti on 304-B to the Indian Penal Code, 1860, which made ‘dowry death’ a specific offence punishable with a minimum sentence of imprisonment for seven years and a maximum sentence of imprisonment for life. Although this provision, when read in conjuncti on with secti on 113B of the Evidence Act 1872, has enabled the convicti on of many who were not caught by the Dowry Preventi on Act, it too has failed to fully combat the menace of dowry. Perhaps in response to this failure, a recent trend of the judiciary has been to include a charge under Section 302 IPC, a murder charge, in additi on charges under Secti on 304-B IPC, as this allows courts to impose the death penalty on the perpetrators of the off ence. It remains to be seen whether this trend will conti nue but it is our sincere hope that it will not – Whilst the crime of dowry death is indeed a heinous and terrible crime, the implementati on of the death penalty for those convicted does no justi ce to either party.
According to NCRB reports on an average, every hour a woman succumbs to dowry deaths in India with the annual figure rising upwards of 7000. No matter how many PhDs a woman earns, her identity and the right to live is decided according to the kilos of gold, cash, latest vehicles and appliances she brings in dowry for her in-laws. If you are reading this article, share it widely so we can push for conversations that question this and helps us all change the system.
If the society as a whole understands more clearly the social evil only with society’s wider acceptance that dowry is deeply damaging can the menace that it presents be truly eradicated.
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