Dowry System

Dowry System in India refers to the durable goods, cash and real or movable property that the bride's family gives to the groom, his family and his relatives as a condition of the marriage. Dowry is essentially in the nature of a payment in cash or some kind of gifts given to the groom's family along with the bride and include cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils, vehicles and other household items that help the newly Weds setup their home.

Dowry is referred to as Dahej. Dowry system can put great financial burden on the bride's family. In some cases, it leads to crime against women, ranging from emotional abuse and injury to even deaths.

The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 and subsequently by section 304B and 498A of the Indian Penal Code.

The Dowry Prohibition Act 1961 defines dowry:

Dowry means any property or valuable security given or agreed to be given either directly or indirectly-

a) by one party in marriage to the other party in marriage; or

b) by the parents of either party to a marriage or by any other person to either party to marriage; at or before or after marriage as consideration for the marriage of the said parties, but doesn't include dower or mahr in the case of persons to whom the Muslim Personal Law applies.

A court judgement clarifies the legal definition of dowry as:

         "Dowry" in the sense of the expression contemplated Act is a demand for property of valuable security having an  inexus with the marriage, i.e., it is a consideration from  the side of the bride's parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be."

Causes of Dowry:

1. Economic factors:

There are many economic factors that contribute towards the system of dowry. Some of these include inheritance systems and the bride's economic status.

Some suggestions point to economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons. This leaves women dependent upon their husbands and in-laws, who keep the dowry when she marries. Prior to 1956, including during the British Raj, daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal legal status to daughters and sons among Hindu, Sikh and Jain families under the Hindu Succession Act (India grants it's Muslim population the Sharia derived personal status laws).

For many, dowry has become a greater financial burden on the family, and can leave families destitute based on the demands from the groom. The demand for dowry has increased over time.

2. Social factors:

The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage usually follows a patrilocal (lives with husband's family) systems where the bride is a non-related member of the family. This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem inheritance for the bride.

In addition to marriage customs that may influence dowry, social customs or rithals, and parent's expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of people are changing about dowry, dowry continues to prevail. In a 1980 study conducted by Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents' likely expected dowry. 

While India has been making progress for women's rights,  women continue to be in a subordinate status in their family. Women's education, income, and health are some significant factors that play into the dowry system, and for how much control a woman has over her marriage.

Laws against Dowry:

The first all-India legislative enactment relating to dowry to be put on the statute book was The Dowry Prohibition Act, 1961 and this legislation came into force from 1 July 1961. It marked the beginning of a new legal framework of dowry harassment laws effectively prohibiting the demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common in many parts of India for a husband to seek a dowry from the wife's family and in some cases, this results in a form of extortion and violence against the wife.

To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law – section 498A to Indian Penal Code and section 198A to the Criminal Procedure Code in 1983. In 2005, the Protection of women from Domestic Violence was passed, which added an additional layer of protection from dowry harassment. Although the changes in Indian criminal law reflect a serious effort by legislators to put an end to dowry-related crimes, and although they have been in effect for many years now, they have been largely criticised as being ineffective. 

                          By- Anshika Singh