TO CALL WOMEN THE WEAKER SEX IS A LIBEL IT IS MANS

INJUSTICE TO WOMEN. IF BY STRENGTH IS MEANT BRUTE STRENGTH,

THEN, INDEED, WOMEN ARE LESS BRUTE THAN MAN. IF BY STRENGTH
IS MEANT MORAL POWER, THEN WOMEN IS IMMEASURABLE MANS
SUPERIOR, HAS SHE NOT GREATER INSTITUTION,IS SHE NOT MORE
SELF SACRIFICING, HAD SHE NOT GREAT COURAGE? WITHOUT HER
MAN COULD NOT BE.IF NON-VIOLENCE IS THE LAW OF OUR BEING,
THE FUTURE IS WITH WOMAN. WHO CAN MAKE A MORE EFFECTIVE
APPEAL TO THE HEART THAN WOMAN?

M.K.GANDHI

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Introduction:

Women in all societies are the transmitters of history, customs and traditions of
their people.From womb to tomb, women are made to pay dearly for their womanhood, and
unless some steps are taken to make people appreciate. Discrimination against women
begins even before her birth.

Original sin in the Garden of Eden was Womans, she tasted the forbidden fruit,
tempted Adam and has been paying for it ever since. In Genesis, the lord said, will greatly
multiply thy sorrow and thy conception; in sorrow thou shall bring forth children; and thy
desire shall be to thy husband, and he shall rule over thee.

Women are the greatest gift of God to humanity. She possesses the power to create
what is good and destroy what is bad. Tulisidas; Kalidas, and Surdas, the great Indian
poets, were also inspired by their better halves in their literary ventures. Women produce
children; women are mothers and wives; women do the cooking, wending , sewing and
washing; they take care of men and are subordinate to male authority; they are largely
excluded from high status occupations and from positions of power. These generalizations
apply, to some degree, to practically every known human society.

India the second highest populous country of the world comprises women as half of its total
population. Women of ancient India, especially during the Vedic and Indus Civilization,
received a great Devine honor and were worshipped as Goddesses as a part of society
she used to perform her independent role, as she was given more prominence in decisionmaking in the social institutions. Even going by the great epics we find that the position
of women was not only on par with that of men, but it was also an authoritative one.
Practices like Swayamwara where the women had the freedom to choose her husband from
the vast choice on the one hand of a lady in marriage was in practice she was not only a
homemaker, but also a decision maker in the early society. Politically also women stood
on the same footing as that of men despite the fact that Manushastra had accorded a very
low status to women. Later on gradually her position slipped into the abyssal depths that
deprived her of independent social, economic and political and thereby made her dependent
on the male member of her family.

Man and woman are both equal and both play vital roles in the creation and development

of their families in particular and the society in general. Indeed, the struggle for legal
equality has been one of the major concerns of the womens movement all over the world.
In India, since long back, women were considered as the oppressed section of the
society and they were neglected for centuries. During the national Struggle for
Independence, Gandhi gave a call for emancipation of women. He wrote- I am
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uncompromising in the matter of womens rights. The difference in sex and physical form
denotes no difference in status. Woman is the complement of man, and not inferior. Thus,
the first task in post-independent India was to provide a constitution promises to secure to
all its citizens- Justice-social, economic and political.

Electronic copy available at: http://ssrn.com/abstract=2384011

J Krishnamurthy (ED>) Women in Colonial India- Essays on survival, work and state. Oxford University Press
(1989); KumKum Sangari and Suresh Vaid, Recasting Women: Essays in Colonial History, Kali for Women
(1989

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So, what is needed for women in India is gender justice which entails end of discrimination
against them and ensuring them equality of status, opportunity and rights, equality before law
and equal protection of law, while at the same time having regard for their gender-specific
needs. A glimpse of Radical Feminism is discernible in the matters of sexual slavery within
marriage, rape laws, prostitution, feticides, dowry death etc. These attitudes have been reflected
in various articles and papers selected in the books.

Empowerment of women means equipping women to be economically independent and self

reliant in a society in which they act as economic providers and participate in all
developmental activities like their fellow men. It is often said that the status and position of
women in society is the best way to understand civilization.Empowerment of women and
their party with men in all walks of life and spheres of activity, be it Political, Economic,
Cultural or Social is sin qua non of gender justice. Justice does not distinguish between men
and women.

Of all forms of discrimination in society, gender-based discrimination is the most

intriguing. This is because this discrimination is not on the basis of racial origin or economic
status or ethnic identity. This discrimination is based on social construction of biological
differences. A consequence of any form of discrimination is violence. Violence against women
is very much rampant in our society. Violence against women is a product of social values,
social status of women, and legal protection that women get.

It is said that maturity of a civilization is known from the respect of women get in that
civilization. Talking of Indian society, the status of women here is not something we can boast
about. Dowry deaths are also result ones of change. Traditionally dowry is meant to be a gift.
Marriage is a relationship between two families, and it was not seen from an economic angle.
But as social values changed, people developed a more consumerist attitude. Aspirations for
better economic status induced grooms to demand dowry. Dowry became a means to an end:
better economic condition, and hence better status in society.

Interesting to note in above cases is that as rapid social change takes place, social values
change. But ethics and morality cannot catch up. Hence, richness became a measurement of
achievement. But the means of becoming rich are not defined is social values. So people
resort to unethical and immoral acts for same.

The social evil of dowry is deep rooted in our society. The offences of Dowry-deaths, dowrymurders, dowry-suicides, demand of dowry etc. are the heinous crimes committed against the
women. These offences have created an atmosphere of insecurity for women in the society.
Among all communities Hindu community is the most affected one. Dowry has spread like a
contagious disease and now assumed alarming proportions. Women who is known as the
better half of man or ardhangini, is clutched in the shakies of dowry. Manu, the greatest sage,

considered women to be under the dominance of her father in childhood. During adulthood,
she is under her husband control and during old age, under her son. He considered that
women should never be free. Men ought to dominate over women. Hindu marriage is

considered a sacrament. Dowry has been in existence since long and it was considered as one
of the feature of Indian Marriage.

Violence against women in India:-2Religion, customs, age-old prejudices, etc. have put
Indian women in a subservient and exploitable position in many domains of life. Low rates of
participation in education, lack of economic independence, value biases operating against
them, etc., have resulted in the women being dependent on men folk and other institutions of
authority like the family, neighborhood and the society. They are usually ignorant of their
rights and even if they are not, they do not have easy access to justice.

The issues related to women are being raised and discussed in various flora, in the recent
times. Of these, violence against women is gaining more and more support and recognition,
the world over. But despite the enactment of laws, formulation of reformative legal processes,
provision of legal aid to the needy, extensive use of the provision of Public Interest
Litigation, conduct of Family Courts, Women/Family counseling centers, etc., women in
India has a long way to go in concretizing their Constitutional Goals into reality.
The problem has to be visualized in a wider context and cannot be viewed in isolation from
the status of women in the society. Legislation alone cannot by itself solve deep-rooted social
problems; one has to approach them in other ways too. Therefore, what is required is not only
a strong legal support network but also opportunities for economic independence, essential
education and awareness, alternative accommodation and a change in attitude and mindset of
society, judiciary, legislature, executive, men and the most important, woman herself.
Restructuring society in terms of power and role relationship while emphasizing the
egalitarian values is the need of the day. During the national Struggle for Independence,
Gandhi gave a call for emancipation of women. He wrote- I am uncompromising in the
matter of womens rights. The difference in sex and physical form denotes no difference in
status. Woman is the complement of man, and not inferior. Thus, the first task in postindependent India was to provide a constitution promises to secure to all its citizens- Justicesocial, economic and political3.
4

With all her rich cultural antiquity, diversity and heritage, India has also been a country that
has suppressed her women. It is ironic to say the least, because Indians have always
worshipped their country as a Janani or Mother. On the one hand they worship this
mother, and on the other they disregard their sisters, daughters, mothers, and wives.

History of Dowry

Originally, the purpose of a dowry was to provide "seed money" or property for the
establishment of a new household, to help a husband feed and protect his family, and to give
the wife and children some support if he were to die.[2] A husband thus had certain property
rights in his wife's dowry. In addition, the wife might bring to the marriage property of her
own, which was not included in the dowry and which was, as a result, hers alone. This

B.R. Sharma, Department of Forensic Medicine and Toxicology, Govt. Medical College & Hospital, #1156B, Sector-32B, Chandigarh, 160030, India

M.K.Gandhi.

Vandana Sing Dowry or the living devil in the society.

property was "beyond the dowry" (Greek: parapherna, the root of paraphernalia) and was
known as paraphernal property or extra-dotal property.[3]

Even in the oldest available records, such as the Code of Hammurabi, the dowry is described
as an already-existing custom. Regulations surrounding the custom include: the wife being
entitled to her dowry at her husband's death as part of her dower, her dowry being inheritable
only by her own children, not by her husband's children by other women, and a woman not
being entitled to a (subsequent) inheritance if her father had provided her dowry in marriage.
If a woman died without sons, her husband had to refund the dowry but could deduct the
value of the bride price; the dowry would normally have been the larger of the sums.[4]

One of the basic functions of a dowry has been to serve as a form of protection for the wife
against the possibility of ill treatment by her husband and his family. In other words, the
dowry provides an incentive to the husband not to harm his wife.

DOWRY REFERS AS BELOW

Dowry or Dahej is the payment in cash or/and kind by the bride's family to the
bridegrooms family along with the giving away of the bride (called Kanyadaan)
in Indian marriage. Kanyadanam is an important part of Hindu marital rites.
Kanya means daughter, and Dana means gift.

A dowry (also known as trousseau or ocher or, in Latin, dos) is the money, goods, or
estate that a woman brings to her husband in marriage. It contrasts with Bride Price,
which is paid to the bride's parents, and dower, which is property settled on the bride
herself by the groom at the time of marriage. The same culture may simultaneously
practice both dowry and bride price. Dowry is an ancient custom, and its existence
may well predate records of it.5

Dowry (Dahej/Hunda) as we all know is paid in cash or kind by the brides family to
the grooms family along with the giving away of the bride (Kanya-dana). The ritual
of Kanya-dana is an essential aspect in Hindu marital rites. Kanya=daughter,
Dana=gift. The word Hunda appears to be direvied from Handa which means a
pot. This could be due to the now extinct practice of offering dowry in a pot.

Dowry system in Indian Marriages can be called the commercial aspect of the marriage. The
practice of giving dowry was very common among all people of all nations. A girl gets all the
domestic utensils that are necessary to set up a family. Dowry system in India was prevalent
since the Vedic period. In Epic period gifts from parents, brothers and relatives and relatives
were recognized as womens property- stridhan. According to Kautilya Means of
subsistence or jewellery constitutes what is called the use of property of the woman. It is no
guilt for a wife to make use of this property in maintaining her son her daughter-in-law or
herself if her absent husband has made no provision for her maintenance.

Since British rule till date efforts are being put to root out one draconian evil from Indian
society that is dowry system but in spite of huge efforts cornered, evil persists in all aspects
everywhere in country. Problem is no more confined to one or two states or north Indian
states but gained roots in the soil of Southern as well as Eastern states too. Problematic part is

www.wikipedia.com women and dowry search.

Hindu Social Customs by Sudheer Birodkar.

Dowry system in Indiaindianetzone.com

Pallavi Sharma Dowry system a curse on Indian Society.

that it made its way to all sections, classes, castes, societies and communities. It permitted
even to tribal societies known for primitive egalitarianism and gender equality and to Muslim
community too. Strong legislation, laws and womens movements, every attempt to resist it
has been thwarted by the wide social sanction accorded to this illegal practice.

Roots of dowry date back to the time when man started living a civilized life.
Originally
it intended just to give a support and security to new couple who start their married life. It
also signified an alternative to inheritance for woman. In periods of time it distorted its face
and but its worst face comes to the fore in present society where parents pass their whole life
under debt to pay dowry in the marriages of their daughters which also results in murders and
suicides of the daughters. Rising dowry death toll in recent years reflects the grimness of the
problem.

Reasons behind huge dowry demands are counted by experts mainly the lack of economic
rights of woman, denial of property rights and basic civil rights such as right of marriage of
own choice, land rights and education. Social mental set up also works behind it such as in
Indian society girls are considered a liability while boys as assets. Culturally sons are
preferred. This accords a secondary social status to women. Nalini Singh says that a woman
has Zero political statuses in family. They are considered to be a compensation for that
worth deficiency. Several surveys reveal that dowry cases have risen drastically within last
10 to 15 years.

It is considered that dowry system was facilitated by economic liberalization. Sudden rise in
dowry cases is also linked to the rising consumerist culture and according to the report of
(AIDWA), All India dowry workers association, and the natural tendency of human to have
easy access to the consumer goods which was prompted by the varied choices of consumer
goods available in the market. Heightened incidents of dowry can be attributed to the
changing economic structure of society consequent social polarization.

Dowry is not the only problem of Indian society, attached to it is the whole bunch of
corresponding evils. International womens conference in Australia accepted that female
feticide is directly related to dowry. Middle and lower middle income groups who are not
able to fulfill the demand of dowry think it wise to nip in the bud. Domestic violence is
another consequence of this evil. This colossal problem persists even after centuries, is
mainly because stringent laws alone cannot bring change at level of mentality of people for
that mass movement needs to be initiated. Mass awareness is to be created. Hundreds of
dowry deaths are closed as just kitchen accidents or suicides. Around 40 percent women
married happen to be below eighteen years of age and illiterate thus not in position to assert
themselves. Their voice remains unheard in society.

Lack of political participation due to social-economic constraints is another reason why

woman has not been able to assert herself and protect against this evil. This is also considered

the failure of male- oriented polity by some experts. Due to all these disadvantageous
position of woman, we fail to solve this problem even after all attention and focus on it.
Womens education and enhanced participation in political process, position in decisionmaking bodies will improve the situation. They need to be provided with shield of protection
which should not be blunt like present laws but
Dowry originated in upper caste
families as the wedding gift to the bride from her family. The dowry was later given to help
with marriage expenses and became a form of insurance in the case that her in-laws
mistreated her. Although the dowry was legally prohibited in 1961, it continues to be highly

institutionalized. The groom often razor sharp that could really help them and prevent them from
taking such extreme steps as taken by Pooja Chauhan of Rajkot.9

Demands a dowry consisting of a large sum of money, farm animals, furniture and electronics.
The practice of dowry abuse is rising in India. The most severe in bride burning, is the
burning of women whose dowries were not considered sufficient by their husband or in-laws.
Most of these incidents are reported as accidental burns in the kitchen or are disguised as
suicide. It is evident that there exist deep rooted prejudices against women in India. Cultural
practices such as the payment of dowry tend to subordinate women in Indian society.

The immune approach of the stronger world to its weaker counterparts has to be countered with
strong arm methods of the state power. In an enlightened age such as this people in public
life are sufficiently sensitized to this issue and more and more legislation come up to stop
stronger people from riding over the weak and meek. India too has several legislations that have
become Acts to protect its women folk.

Considering the evils of dowry system, the dowry prohibition Act 1961 was passed in India.
According to the Act if a person gives or takes dowry then he directly or indirectly dowry from
the guardians of the wife after the marriage has been solemnized then such a person is liable to
be punished for an imprisonment of six months and a fine of Rs.5000.

The investigation in dowry cases should preferably be entrusted to women police officers as far
as possible because they are expected to be socially and psychologically more equipped to
handle such cases.

Dowry being a socio-legal problem cannot be tackled by law alone unless members of the
society come forward and actively co-operate with the law-enforcement agencies. There is
the urgent need to create social awareness and mobilize public opinion against dowry through an
intensive educational programme at all levels, particularly in the rural pockets. More recently, a
number of voluntary (non-governmental) agencies and social organizations are doing a
commendable work in helping the dowry victims and exposing the perpetrators of this crime
with the necessary help of community assistance and guidance. The legal aid workers, including
the law teachers and students, should also take the initiative in the dowry eradication campaigns
through an intensive legal literacy programme not only in the cities and the towns but in
remote village areas as well.

Of late, with the growing importance of human rights jurisprudence, the Human Rights
Commission is also seized with the problem of crime against women and its expanding
dimensions. Timely intervention by the local agencies of the commission in dowry-related
crimes would certainly contribute to improving womens conditions and bringing about peace in
the matrimonial homes. The Women Commission, established in 1993, should also take a lead
in this direction. The Commission should, however, be endowed with statuary powers and
authority to bring the culprits of dowry crimes to book and provide adequate to dowry victims.

The Dowry Prohibition Act

The dowry prohibition came into force on 1st July 1961; it was later amended in 1984 and 1986.
It extends to whole India except the State of Jammu and Kashmir. According to the act, the
dowry means:

Any property or valuable security given or agreed to be given either directly or indirectly:

By one party to the marriage to the other party to the marriage, or

By 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 any time after the marriage in connection with the marriage of the said parties,
but does not include dower or mahr in the case of persons to whom the Muslim personal law
applied.

Penalties under this Act

Offences related to those mentioned in subsection 1 & 2 below, are cognizable, non-bailable, and
non-compoundable. The minimum stature of authority to take cognizance, try a case and

pronounce a sentence under this Act shall be a First class Metropolitan Magistrate or Judicial
Magistrate. The courts must take cognizance of offences by virtue of a police report or a
complaint from the victim/relatives of the victim/recognized welfare organization, and such
complaints cannot be withdrawn by out of court compromise.

The burden of proof, meaning, justifying that an offence under this act is not perpetuated by
oneself, for such cases shall rest upon the accused.

Apart from this, Dowry prohibition officers are appointed by the State Governments to exercise
their jurisdiction and power under the provisions of this Act.

1. Penalty for giving, taking or abetting dowry

If any person, after the commencement of this Act, gives or takes or abets the giving or taking of
dowry, he shall be punishable with imprisonment for a term which shall not be less five years,

and with fine which shall not be less than fifteen thousand rupees or the amount of the value o f
such dowry, whichever is more.

But if the presents are given at the time of marriage to the bride or bridegroom without any
demand being made in that behalf, will not come under the Dowry Act, provided that such
presents are entered in the list in accordance with the rules made in this Act. Also in such cases,
if the presents are given by bride or by any person on her behalf, the value of these presents
should not be excessive having regard to the financial status of the person by whom, or on whose
behalf, such presents are given.

2. Penalty for demanding dowry

If any person demands, directly or indirectly, from the parents or other relatives or guardian of a
bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment
for a term which shall not be less than six months, but which may extend to two years and with
fine which may extend to ten thousand rupees.

In both the above cases, Court may, for an adequate and special reasons to be mentioned in the
judgment impose a sentence of imprisonment for a term less than minimum term mentioned.

3. Ban on advertisement
If any person offers through any advertisement in any newspaper, periodical, journal or through
any other media, any share in his property or of any money or both as a share in any business or
other interest as consideration fore the marriage of his son or daughter or any other relatives,
shall be punishable with imprisonment for a term which shall not be less than six months, but
which may extend to five years, or with fine which may extend to fifteen thousand rupees.

4. Agreement

Any agreement for the giving or taking of dowry shall be void.

5. Dowry to be for the benefit of the wife or her heirs

When a dowry is received by any person other than the Woman in connection with whose
marriage it is given, that person shall transfer it to the woman-

With in three months after the marriage, if the dowry was received before the marriage.

With in three months after the date of receipts, if the dowry was received after the
marriage.

If the dowry was received when the woman was a minor, with in three months after she
has attained the age of eighteen years.

If any person fails to transfer any property within the time limit specified therefore, he shall be
punishable with imprisonment for a term which shall not be less than six months, but which may
extended to two years or with fine, which shall not be less than five thousand rupees, but which
may extend to ten thousand rupees or with both.

If a woman, entitled to any property under this act, dies before receiving it, the property shall be
transferred to her children or in case she has no children, it will be transferred to her parents.

If a person convicted under this section, has not transferred the property to her heirs, parents or
children before his conviction. The court can order that person to transfer this property with in
period specified, otherwise an amount equal to the value of property may be recovered from him.

3. Relevant Provisions of Indian Penal Code and Evidence

Act
IPC 304B: Dowry Death
Offence under this provision treats the situation of the death of a woman by any burns or bodily
injury or other unnatural circumstances within seven years of her marriage, preceded by cruelty
or harassment by her husband or any relative of her husband demanding dowry. Hence, the
husband and/or his relatives shall be deemed to have caused her death.

Punishment for this offence can amount to imprisonment for a minimum of seven years but
which may extend to imprisonment for life.

Three essential ingredients are to be established before the offences under section 304-B can be
made punishable. They are -

1. That there is a demand of dowry and harassment by the accused,

2. That the deceased had died,

3. That the death is under unnatural circumstances.

IPC 498A: Husband or relative of husband of a woman subjecting her to

cruelty
Offence includes that of the husband or his relatives subjecting his wife to cruelty. Such offences
are punishable with imprisonment for a maximum term of upto three years and shall also be
liable to fine.

For the purpose of this section "cruelty" means

any willful conduct which is of such a nature as is likely to drive the woman to commit
suicide or to cause grave injury or danger to life, limb or health (whether mental or
physical) of the woman, or

harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security
or is on account of failure by her or any person related to her to meet such demand.

IEA 113B: Presumption as to dowry death-

When the question is whether a person has committed by dowry death of a woman and it is
shown that soon before her death such woman had been subjected by such person to cruelty
or harassment for, or in connection with, any demand for dowry, the court shall presume that
such person had caused the dowry death.

4. Basic Flaws and Ambiguities in the Law

On perusing the Act document, one can raise a variety of questions against the intention of
the design of the Act. To list a few,

1. Definition of Dowry
As per this definition, gifts of jewelry, clothes and cash traditionally given by the groom's
family would also be covered by the anti-dowry law and hence declared illegal.

2. Legalizing the illegal

After declaring that giving or taking of dowry is illegal, the Act adds a curious rider that

'where any dowry is received by any person other than the woman in connection with whose
marriage it is given, that person will transfer the dowry to the woman within three months
after the date of marriage or within three months after the date of receipt. vi

3. Bail provisions for 'dowry crimes

It is quite simple to accuse someone with a dowry crime as the Burden of Proof will be on
the accused and hence the non-bailable provisions can be misused. Merely stating that the
case cannot be withdrawn by compromise will not discourage people from using this as a
quick and desperate move to inflict immediate burden on the accused. So there will then be a
ironical
situation
of
the
accused
becoming
the
victim.

4. Feminine Bias

Though the Act treats the case of a bride and bridegroom in the same intensity, the IPC
304B, 498A etc, specifically and exhaustively address the crimes with a feminine bias.
Hence, the law itself is incomplete in terms of treatment of cases where the husband, might
become the victim. As per the law, even dowry giving is an offence, but there is hardly ever
an instance of the bride's family being prosecuted for giving dowry. The assumption is that
only 'takers' are guilty while 'givers' are hapless creatures yielding to the greed and callous
demands of the groom's family.

5. Who decides what is a voluntary gift

The act excludes voluntary gifts from the provisions. In cases where a gift has been given, it
is almost impossible to ascertain the voluntariness of the act of giving the gift at a time of
conflict that happens much later. Hence exclusions are not defined in concrete terms.

6. Lack of Holistic approach

In spite of the provisions for an Anti-Dowry officer, there are not many of them appointed by
the states. Also the level of awareness is so low (owing to illiteracy and other socio -economic
factors) that the Act does not reach the victims from the various strata of the society. Though
laws are necessary to provide basic rights and punish offenders, what is required is a more
holistic approach to effectively implement the same. vii

7. Disturbs Social Fabric

Since the Act discourages withdrawal by means of compromise, although the intention may
be noble and aims at removing evil practices in society, it may give a spark to rise in criminal
activities where the victim may be inflicted with more harm and even loss of life in a bid to
get rid of the legal obligations. It may also lead to social isolation of the complainant as the
Indian society treats such complainants with contemp

Stridhan, as per Hindu customary practice, is that portion of wealth, which is the exclusive
property of women and passes from mother to daughter. It includes gifts of money,

property, jewelry or a share in a family business given to a woman as a daughter, sister, wife
or daughter-in-law. It also covers wealth generated through her own enterprise or any other
wealth accruing to her due to her own effort or by inheritance. It includes, but is not
limited to, gifts or wealth given to a daughter at the time of her marriage. It also includes
gifts given to her by her in-laws. A key-defining characteristic of stridhan is that no one in the
family can touch it, except if the woman concerned voluntarily gifts a portion to someone. In
the natural course, stridhan passes from mother to daughter and if in a contingency a male
member uses a part of a woman's stridhan, he is expected to return it with interest.

The traditional stridhan given at the time of a daughter's marriage was determined by
predictable norms within each community and was more in the nature of pre-mortem
inheritance for the daughter that usually included items such as gold, cows or even a piece
of land, along with a few clothes and utensils. Up to my grandmothers' generation,
community norms decided the gifts given to a daughter. By my mother's generation dowry
had started emerging as a problem because marriage alliances began to be made on the
basis of a groom's potential income and status in the 'modern' economy rather than
traditional notions of stridhan.

Traditional stridhan gives women stronger and inalienable rights to a portion of wealth
in both parental and marital families. By contrast, dowry is a device for disinheriting
daughters from parental property, as discussed in the articles, "To Ensure Her
Happiness or to Disinherit her?" and "Dowry Calculations." (See MANUSHI No. 34, 1986
and No. 78, 1993. This theme is also dealt in my film: Dahej: Zaroorat ya Majboori?
Available on CD from MANUSHI.). Modern inheritance laws also fall short of stridhan
because they allow daughters and wives to be disinherited at will. The provision of 'free
will' was included in the Hindu Succession Act of 1956 specifically with a view to giving the
power to fathers to disinherit their daughter. (For a detailed analysis see, 'Myth Vs
Reality: The Hindu Code Bill', Economic Political Weekly, Vol. XXIX, No. 33, August 13, 1994).

Therefore, misplaced hostility to traditional cultural norms, including those like stridhan
that gave women strong rights, results in ill-conceived campaigns that cause further harm to
women. Punishment for such a poorly defined and conceptualized law is heavy and

draconian; the anti dowry law is being widely misused by unscrupulous families, policemen
and lawyers.

Unlike stridhan, which was the exclusive property of the woman, the present day dowry
includes gifts and wealth given at a daughter's wedding, not just to her but to her husband,
in- laws and his relatives as well as household goods required for setting up the house.
These vary from simple gifts of clothing and small items of jewelry for the woman, to
exorbitant sums in cash or expensive pieces of property to
the groom
parents.

and

his

The amount of dowry commanded by a groom

has more to do with his social status, income
potential and social-familial connections than
with the perceived share of a daughter in her
parental property. Thus that part of wealth,
which is given to the groom and his family, has
acquired the form of groom price because it is an offering for seeking an alliance with a
family

with

lucrative

potential.

Not surprisingly, men in those government jobs

such as the Indian Administrative Service (IAS) and the Indian Police Service (IPS),
which

command

the

highest

bribes

and unlimited avenues for looting the public

as well as robbing from the public exchequer and appropriating resources such as
land allotments and business contracts, command the highest dowries. If in a family one son
is an IAS officer, his dowry will be substantially higher than that of his brother who may
have managed to get nothing more than a schoolteacher's job.

Contemporary dowry is more like an investment by the bride's family in the hope of plugging
into powerful connections and money-making opportunities. Marrying a daughter to such a
man may mean upward mobility for her entire natal family, especially brothers, because
they may secure huge benefits through this connection.

The component of dowry that still retains some resemblance to the traditional
stridhan involves the bride's trousseau, gold jewelry, household goods and any
property that her parents might put in her name. But even this does not always remain in
her control, leading to bitter tussles. It is not uncommon for a groom's family to keep a
part

of

this

dowry

for

their

own daughter's wedding or treat the household goods as offerings made to the family,
rather than being reserved for the bride.

Many people are too quick to blame "male supremacy" and Hindu scriptures like Manu
Samhita as the cause of dowry and bride-burning. A conspicuous exception is the Assamese
Hindu community, which still carries the burden of male supremacy and Manu Samhita, but
they have neither widow burning (Sati) nor the practice of dowry and associated brideburning. In the geographical distribution of dowry death cases, we have observed that
dowry and bride-burning is most rampant in north India. People of north India have carried
the practice of dowry to their new homes in UK and USA. A striking exception is South
Africa. There is no dowry among the north Indians who immigrated to South Africa about
150 years ago. These exceptions need to be researched in great depth. The solution to the
problem may be hidden behind these exceptions.

In 1961, under the leadership of the late Prime Minister Jawaharlal Nehru, the Parliament of
India declared the practice of dowry illegal by passing a law called "Dowry Prohibition Act".
But the tradition is so strong that the law could not eliminate the practice. Dowry
has continued in secret and in full force, escalating apace with rising consumerism and the
enormous power of black money in India.

A recent survey of 10,000 Indian women conducted by Indias Health Ministry found that
more than half of those interviewed considered violence to be a normal part of married
life the most common cause being the failure to perform domestic duties up to the
expectations of their husbands family.

Historian Veena Oldenburg in an essay entitled Dowry Murders in India: A Preliminary

Examination of the Historical Evidence commented that the old customs of dowry had
been perverted from a strongly spun safety net twist into a deadly noose. Under the
burden of heavy land taxes, peasant families were inevitably compelled to find cash where
they could or lose their land. As a result the dowry increasingly came to be seen as a
vital source of
income for the husbands family.

When one raises the issue of marital violence and abuse due to
dowry demands many have responded with the counter
question: "Are you suggesting that women get beaten,
abused

and

murdered only in India and that too only among communities that give dowry? Don't
women in America, Europe, Australia, the Philippines, and Africa also get beaten and killed,
even though in these countries dowry giving is not an issue?" Most women are in favour of a
reasonable amount of dowry being given provided the groom's family does not put undue
pressure on her natal family with additional extortionate demands.

There is a definite market in India for brides and grooms. Newspapers are filled with pages of
women seeking husbands and men advertising their eligibility and social prowess, usually
using their caste as a bargaining chip. A good marriage is often seen by the wifes family as
a means to advance up the social ladder. But the catch is that there is a price to be paid in
the form of a dowry. If for any reason that dowry arrangements cannot be met then it
is the young woman who suffers.

Efforts to assign direct economic reasons (economic value of women, demand and
supply, and other economic forces) to the practice of dowry and bride-burning are negated
by the fact that, thanks to female infanticide, feticide and selective abortion with modern
sonar test, the number of women are less than men in the dowry-infested areas of India,
compared to eastern states like Meghalaya, Manipur where women outnumber men.

The other side of the dowry equation is that daughters are inevitably regarded as an
unwelcome burden, compounding the already oppressed position of women in Indian
society. There is a high incidence of gender-based abortionsalmost two million female
babies a year. One article noted the particularly crass billboard advertisements in
Bombay encouraging pregnant women to spend 500 rupees on a gender test to save
a potential
50,000 rupees on dowry in the future. According to the UN Population Fund report for the
year 2000, female infanticide has also increased dramatically over the past decade and
infant mortality rates are 40 percent higher for girl babies than boys.

Advocates of the dowry system point to the fact that the situation has worsened in the
1990s. As the Indian economy has been opened up for international investment, the gulf
between rich and poor widened and so did the economic uncertainty facing the majority of

people including the relatively well-off. It was a recipe for sharp tensions that have led to
the

worsening

of

number

of

social

problems.

One commentator Zenia Wadhwani noted: At a time when India is enjoying unprecedented
economic advances and boasts the worlds fastest growing middle class, the country is also
experiencing a dramatic escalation in reported dowry deaths and bride burnings.
Hindu tradition has been transformed as a means to escaping poverty, augmenting ones
wealth or acquiring the modern conveniences that are now advertised daily on television.

Domestic violence against women is certainly not isolated to India. The official rate of
domestic violence is significantly lower than in the US, for example, where, according to UN
statistics, a woman is battered somewhere in the country on average once every 15
seconds. In all countries this violence is bound up with a mixture of cultural backwardness
that relegates women to an inferior status combined with the tensions produced by the
pressures growing economic uncertainty and want.

In India, however, where capitalism has fashioned out of the traditions of dowry a
particularly naked nexus between marriage and money, and where the stresses of every
day life are being heightened by widening social polarization, the violence takes
correspondingly brutal and grotesque forms.

5.

Evidence and Scope of misuse

After the amendment made in 1984 and 86, a phenomenal number of cases have been filed
under Dowry Prohibition Act but there are many problems in the manner these cases have
been dealt by Police and by Judiciary. Many of these cases have been prosecuted so badly in
court that conviction was hardly likely.

For example, in the case of Masood Ahmed and Others Vs State (1991) the High Court
overruled the judgment of trial court and held that the death was not a dowry death,
though the court admitted that the demand for Rs. 10,000 and colour TV but these

demands did not constitute dowry, and harassment on account of this demand could not
be said in connection with dowry. The court also held that it was proved that the deceased
had left her home and told her parents that her mother-in-law had spat on her face, and
her husband had not interfered and that because of this, she refused to go back to her
husbands houseviii.

In the case of Lichhamadevi vs State of Rajasthan (1988), The Supreme Court

condemned poor police investigation. In this case a girl named Pushpa was alleged to
have been burnt by her mother-in-law and locked in the kitchen. Neighbors saw the
flames and opened the bolted door from outside and took Pushpa to hospital, the motherin-law and Pushpas husband, who were present in the house refused to take her to the
hospital and arrange for blood. Pushpa subsequently died. Before death, Pushpa had
stated that her mother-in-law poured kerosene on her and set on fire. The Supreme Court
held that investigation in the case did not proceed as there appeared to be soft peddling
of the whole case by the Police.

Its not that this law has not been properly implemented by the Government, Police and
Judiciary. They are also not able to stop the misuse of this law. There are many instances where
this law has been misused by unscrupulous women to extort money and harass their husbands
family. The statistics on suicides in India tell the tale of harsh ground realities faced by men in
Indian society.

In the recent years, the number of suicides by males in every age group studied outnumbered the
number of suicides by females in those respective age groups. Nearly twice as many married
men committed suicide compared to married women in the years 2004 and 2005. Also, nearly
twice as many men separated from their wives committed suicide compared to separated women
in both years.

Men outnumbered women in every method of committing suicide, except by fire and selfimmolation. Nearly nine times more men committed suicide by consuming excessive amounts of
alcohol, or by machines. Nearly four times more men committed suicide by firearms, by jumping
of trains and fast moving vehicles, or by self-electrocution. In almost every other category of
suicide such as hanging, poisoning, or overdose of pills etc., suicides of men were nearly twice
the rate of suicides of women.

Overall, the total number of suicides by men nearly tripled between 1983 and 2005 (whereas
during the same period female suicides only nearly doubled). Incidentally, the draconian

provisions of IPC 498A were introduced in the year 1983, and overwhelming evidence points to
the increasing misuse of these provisions ever since.

Every year, there is a rising number of cases fabricated by wives only to threaten, extort money
from, and wreak revenge on husbands and their relatives, in case of marital discord. Between
1995 and 2005, the number of cases filed annually nearly doubled. According to data obtained

from the Ministry of Home Affairs, in the year 2005 alone, 58,319 cases were registered
under charges of cruelty by husband and relatives (IPC 498A), and resulted in the arrest of
1,27,560 individuals including 339 children, 28,579 women and 4,512 adults over the age of
60. ix

In one judgment at Karnataka High Court (ruling Crl.A. No. 589 of 2003, decided on 4-92003 (case of M.F.Saldhana & M.S. rajendra Prasad JJ)), Judge highlighted; in about 45%
cases prosecution is thoroughly unjustified. Following are important excerpts from the
judgment.

..we need to sound a note of caution that the police and investigating authorities
should not improperly and technically jump to the conclusion that merely because
death has occurred that ipso facto a criminal offense has been committed. In as
many as 44% of these cases prosecution is thoroughly unjustified. Unless there is
cogent and convincing evidence and unless there is material to sustain these charges,
it would be totally impermissible and completely unjustified to embark upon legal
action. The consequences of these charges are extremely grave because the accused
husband and invariably family members are placed under arrest. There are serious
social and economic repercussions.

..The fact that we do come across considerable number of instances where

prosecution was unjustified seems to indicate that in every case of death of young
woman or recently married women that prosecution and filing of charge sheet
has become automatic. There does not appear to be a proper application of mind
at the stage of scrutiny and having regard to this position we direct the concerned
authorities to ensure that requirements of the law are correctly and responsibly
followed. Copy to be followed
to D.G.
)..x

(Police

On July 21, 2005, while hearing the PIL filed by Sushil Kumar Sharma, The Supreme Court
has asked the legislature to find ways for plugging the loopholes in the law against false
dowry complaints against the in-laws and husband by a woman in view of the increasing
number of such cases coming to courts. Describing such misuse of law as legal terrorism,
the court sa id no one could be allowed to unleash frivolous proceedings on this count as the
provisions of Section 498A is intended to be used as shield (a woman against harassment)
not as an assassins weapon.xi

Research methodologies

Research Design and Methodology

In this study descriptive cross-sectional study design, both quantitative and qualitative
methods and multistagesystematic random sampling technique were used.

Scope and limitations of the Study:-The focus of the present study is on the SocioEconomic, Cultural and religious aspects which effect or influence on the womens rights
and the reasons of causing various problems for women victims of Dowry .For the better
understanding of the present study, it would be necessary to grasp the information
regarding the offences related with dowry imposing major obstacles to lead a healthy
family life in the familial atmosphere.

The rising incidences of crimes and violences against women are compounded by the
massive challenges of caste, ethnic, conflict, religious and revivalist forces. Because of
illiteracy and poor out-reach of legal services; women are more often than not ignorant about
their rights. In fact there is over whelming evidences to indicate a wide gap between the
constitutional mandates and disturbing trends in social reality. The governmental apparatus
and society do not appear to have come to terms with the implications of this study area.

Since the scope of domestic violence against women is very wide, the researcher has
confined the study only to the dowry related offences covered under sections 302,304-B, 306,
34,498-A of IPC and the relevant provisions of the Dowry Prohibition Act and the new laws
on the Dowry violence .Cases on only dowry related offences, reported in the Shivamogga

district from 2001 to 2010 will be taken up for the detailed study on dowry related offences.
Due to time and energy constraints the primary data will be collected only from the victims of
dowry related offences which occurred between 2001and 2010. The study intends to cover
only Shivamogga District.

STATEMENT OF THE PROBLEM:-

The social evil of dowry is deep rooted in our society. The offences of dowry, dowrydeath, dowry-murders, dowry-suicides, demand of dowry etc. are the heinous crimes
committed against the women. The researcher has selected the topic SOCIO
LEGAL PERSPECTIVE OF DOWRY-A STUDY (With Special Reference to
Shivamogga District) with the object of making an in depth study of the problem of
dowry in general and an empirical study of dowry related offences in particular. A
modest attempt is made to analyze critically the new trends set by the judicial activism
in liberating women from the onslaughts of men.

The specific objectives of the study are as follows:-

To know their view on causes/purposes of dowry.

To access the level of dowry practiced by them.

To study and analyze how the concept of dowry changed with the passage of time.

To find out the causes for the acceptance of such a cruel practice by the society.

To sociologically analyze whether there is possibility of misuse of the provisions

relating to dowry..

To examine the socio-cultural aspect related with the system of dowry.

To study the various modes adopted by the bride or her in-laws to end her life.

To analyze the number of dowry death, dowry murder, suicide, dowry violence and
crimes under dowry Prohibition Act in the study area.

HYPOTHESIS:-

The following hypotheses are formulated for the purpose of the study:-

The vicious circle that focus many to accept dowry.

Every parents desire his/her daughter to be married into the highest social
group to keep up or to add to his/her prestige.
Higher the level of education higher the demand of dowry, lower the
education lesser the price of dowry, it has become the status symbol.
Existing laws on dowry are deficient and inadequate.

STUDY UNIVERSE & SAMPLE:-

The Present study aims at studying the SOCIO LEGAL PERSPECTIVE OF

DOWRY-A Study with Special Reference to Shivamogga District Focuses the Dowry
Problem in various spheres of Shivamogga District. Thus, the study is expected to carry out
by the researcher in selected taluks of Shivamogga district. Shivamogga district is divide

into 2 sub-divisions and 7 Taluks. The Sagar Sub-division comprises the talukas of Sagar,
Shikaripur, Sorab and Hosanagara while the Shivamogga Sub-division comprises the talukas of
Shivamogga, Bhadravathi and Thirthalli.

INDIA

(NCRB)

KARNATAKA (SCRB)

SHIVAMOGGA (DCRB)

Sagar Sub-Division
Sagar, Shikaripur, Sorab
Hosanagara.

Shivamogga Sub-Division
Shivamogga, Bhadravathi &
Thirthalli.

Tools and Techniques for Data Collection

Tools

Following tools were used during the data collection process.

Interview Questionnaire

The structured and semi-structured interview schedules were used to collect the data to
explore the causes of Dowry.

Focus group discussion guideline

Focus group discussion guideline was developed as a tool to identify root causes of dowry
and its situation in that community.

Techniques

Following data collection techniques were applied to collect primary data for the study:

Interview:- Interview was taken with the head of the sampled household. During this process
equal participation of male and female was taken into consideration.

Focus group discussion (FGD)

FGDs were done with the mother in law & father in law group, newly married couples,
adolescent group and key persons the study area.

Case Study:-Some case studies were also done for the verification of collected information.

According to the preliminary survey report collected by the District Crime Records
Beuro, Shimoga Police Commissioners Office, From the year 2001 to 2010 the cases
registered under 498(A) IPC and 498(A) DP Act statistic is as below

YE
AR
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010

Report

Fals

ed
134
159
127
107
158
191
158
207
255
48

e
08
01
02
08
04
05
03
04
03
01

Transfer Punishme
ed
08
01
04
04
06
05
06
10
15
-

Nt 07
04
03
07
10
04
02
01
02
-

Decid
ed
88
131
84
55
93
87
52
33
05
-

Settleme
nt 08
08
07
05
07
06
06
01
-

Enquir

Investigat

y
07
11
2
19
32
93
85
157
193
19

Ion
02
03
05
03
06
01
04
01
37
28

From the above statistics and the picture below the problem of dowry is more strengthening
day to day and the laws which are prevailing in India should also be strengthened.

The Picture intends to explore the various practices of dowry in the society

The dowry system is responsible to a great extent for child marriage and discrimination
against girls. If a girl is married at a tender age, a small amount of dowry will work, but if the
girl is educated and qualified, she needs an equal amount of dowry to get a bridegroom of the
same status.

Unfortunately, the dowry system is still prevalent in India despite the provision in the Dowry
Prohibition Act 1961. it says that: "If any person, after the commencement of this Act, gives

or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for
a term which shall not be less than five years, and with fine which shall not be less than
fifteen thousand rupees or the amount of the value of such dowry, whichever is more."

In my view, it is mainly because of lack of awareness that women have been turned into a
saleable commodity. Most of the women are not educated enough to defy the pre-established
social norms. Even those who are educated are continuing this ugly tradition in the name of
social prestige.

6.

Conclusion

Many social activist, NGOs and in many cases Courts judgments have highlighted that the
Dowry Prohibition Act, in its current form is not very effective. Instead of providing security to
lower and middle class women, who are mainly the victims of dowry, this law has been misused
by rich unscrupulous women to harass their husbands. Many feminist organizations are
requesting Government to make these laws stricter, but we feel that instead of making these laws

stricter, Government should come up with an effective implementation plan, in which, it

should try to diagnose the roots of the problem, how this evil is spreading to different sections
of population and what can be done to eradicate this issue. The Government should also
make amendments in the law, which will stop woman from misusing this law against Husband
and his family.

http://www.hindunet.org/srh_home/1996_2/msg00193.html, Bride burning and dowry deaths in India

ii

The Dowry Prohibition Act 1961, dowryprohibition.doc

iii

http://www.wsws.org/articles/2001/jul2001/ind-j04.shtml, Rising number of dowry deaths in India, Amanda

Hitchcock, July 2001

iv

http://www.india-today.com/itoday/15121997/behave.html

http://www.the hindu.com/fline/fl1617/16170640.htm

vi

http://www.indiatogether.org/manushi/issue148/dowry.htm

vii

Violence, Law and Womens Rights in south Asia- by Savitri Goonesekere

viii

Violence against women and the Indian Law by Kirti Singh, Page 120-133

ix

xi

http://mynation.files.wordpress.com/2007/10/press-relese-for-protest.doc

http://genderindian.sulekha.com/blog/post/2008/01/dowry-death-misuse-a-justice-saldhana-judgment.htm

http://www.tribuneindia.com/2005/20050722/nation.htm