Dowry Problems

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DOWRY PROBLEMS IN INDIA: A SOCIOLOGICAL

STUDY
-UTSA SARKAR

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW


Table of Contents
Chapter 1 Introduction .......................................................................................... 01-02

Chapter 2 Review of Literature............................................................................. 03-04

Chapter 3 Theoretical Framework ........................................................................ 05-06

Chapter 4 Statement of the Problem .......................................................................... 07

Chapter 5 Research Methodology.............................................................................. 08

Chapter 6 Role of Women as backbone of Society .............................................. 09-10

Chapter 7 Custom of dowry in Indian Marriages from Past to present ................ 11-13

Historical Background ........................................................................ 11-12


Dowry among Muslims............................................................................ 13
Dowry among Indian Christians .............................................................. 13

Chapter 8 Causes and Effects of Dowry System ................................................. 14-19

Causes of Dowry System .................................................................... 14-15

Effects of Dowry System .................................................................... 15-17

Laws related to Dowry Deaths ............................................................ 17-19

Chapter 9 Data Analysis and Discussion ............................................................. 20-23

Chapter 10 Summary of the Findings ......................................................................... 24

Chapter 11 Conclusion and Recommendation ....................................................... 25-26

References ............................................................................................... 27
Chapter 1: Introduction
The first task in post-independent India was to provide a constitution promises to secure to all
its citizens- ―Justice-social, economic and political. 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; rather
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.

Today’s, Indian society is surrounded with many problems such as unemployment, illiteracy,
population growth, terrorism, etc. Among these problems, a problem which is deep rooted in
Indian society is the problem of dowry system. This fact that it is condemned by every
modern citizen of this country and yet it still flourishes at a very large scale in our society is a
testimony of how deeply rooted this system is in the Indian society.

Dowry related violence has been regarded as a universal phenomenon, cutting across all sorts
of boundaries and is continuously increasing in India. Dowry death is one of the typical
problems of Indian Society which is a matter of grave concern.

The following definition of dowry related violence was adopted for the present study “any act
of violence or harassment associated with the giving or receiving of dowry at any time
before, during or after the marriage”.

Religion, customs, age-old prejudices, etc. have put Indian women in a subservient and
exploitable position in many domains of life. The low rates of democracy, 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 also do not have proper access to
justice. The offences of dowry, dowry-murders, dowry- suicides, demand of dowry etc., are
the heinous crimes committed against women. The concept of equality among marital
relationship is toppled by custom, as human dignity of women is questioned with custom.
The custom of dowry in Indian marriages is a deep-seated cultural phenomenon that has been
described as one of the largest obstacles, “to confront India on her road to economic and

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social justice.” The custom is held responsible for a number of problems perpetrated against
nation’s women, including dowry violence, bride burning and wife-murder.
Women are the key of economic growth, but still they are the one who have to suffer all the
difficulties. The word ‘dowry’ is almost synonymous with Indian women’s oppression under
patriarchal system. It has been an apparatus for indicating low status of women, the argument
being that callous and mundane efficiency of “dowry deaths” indicate the low value of
women’s labour and high cost of their marriages, making women a liability for their natal
families and a source of lucre for many marital families. Some of the problems which had
been haunting the community of women for centuries are not found now. Problems such as
child marriage, practice of ‘sati’, prohibition on widow remarriage, exploitation of widows,
devadasi system, purdah system, etc. have almost disappeared.

As a result, of this suppression Indian women now feel that they too have their own
individuality, personality, self-respect, talent, capacity and efficiency. Many of those women
who could grab the opportunities extended to them have proved that they are capable of
discharging the responsibilities assigned to them on par with men. The nation which
neglected almost 50% of its population for several centuries has now understood the
necessity of giving equal rights and opportunities to its womenfolk. Dowry problem in India
exists because of mainly two problems: Firstly, there is an excess supply of women in the
Indian marriage market that results in the use of dowry as an equilibrating mechanism.
Secondly, a differential in the patterns of human capital accumulation of men and women
have led to a larger positive benefit for marriage for women than for men, the net differences
of which is theoretically equivalent to the amount of the dowry. Both these explanations for
the existence of dowry are fundamentally grounded in the powerful social and cultural
ideologies of marriage held by the vast majority of Indian Society.

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Chapter 2: Review of Literature

The present review of literature looks at the effect of dowry problem. Various studies address
the view of dowry problems from different perspectives.

 Randeria Shalini (1984) stated it is true that the increasing coercive character of
dowry has led to the increasing coercive character of dowry has led to decline in the
status of women in addition to it being a threat to their very existence. But it must be
pointed out that contrary to popular wisdom; women do not have higher status in
those castes and communities where bride price is paid for them.
 Gangrade & Chander (1991) contended that in India, laws exist that prohibit dowry
and dowry murder, but these laws are ignored, unknown by law enforcement or not
enforced by some other high officials.
 Negi (1997) stated that people cannot afford the luxuries that are thrust upon them
through advertisements targeted at urban population and they see dowry as an avenue
their otherwise impossible dreams.
 All India Dowry Workers’ Association (AIDWA) (2003) observed that sudden rise in
dowry cases is also linked to the rising consumerist culture and according to the
natural tendency of human to have the easy access to the consumer goods which was
prompted by the varied choices of consumer goods available in the market.
 Haveripeth (2013) found Dowry related violence and bride burning (dowry-death) are
only peculiar to our country and beside husband, his kin also join together in
prosecuting the bride as the dowry and related customs provides a good excuse to
them for humiliating, insulting and even beating up on women.

 Ramegowda (2013) observed the socio-educational profile of victims of dowry


offences and relate it to the socio-cultural practice of dowry and that the socio-cultural
norms have remained unchanged and therefore giving and practicing of dowry
continues. Adequate social awareness and education is necessary, along with legal
punishment, to do away with this evil practice.
 Rajeswari (2014) has rightly pointed out women's are the wealth of India and they
have contributed in almost every field and made country feel proud at every occasion.
They are in front, leading the country, making mile stones and source of inspiration
for many. They are contributing and participating in every sphere, politics, business,

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education, science and technology, media, sports, art and culture etc. However this is
the one face of coin and on the other side of coin is the hard truth of the Indian
society. The struggle against violence is actually the struggle against the unequal
distribution of power both physical and economic between the sexes. Men should
perceive women not as subservient being but as empowered individuals who are equal
partners.

 Singh (2013) revealed a review of cases reported at the Family Counseling Centers
(FCCs) in Chandigarh which shows that dowry is a significant factor for marital
discord. 36.2% of the married women who approached the FCCs complained of
dowry-related violence. This violence itself becomes evident in physical, emotional
and economic forms. Dowry is a deep-rooted social evil, whose victims are either
reluctant or unable to get redress from the law enforcement agencies meant to support
them or the NGOs.

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Chapter 3: Theoretical Framework

Patriarchal Restoration Theory- A family is just like a microcosm of civil life, where its
nucleus and governor being the father, on his name symbol of ownership and responsibility is
been taken. One form of surety for a marriage is dowry, or its counterpart, bride price. Upon
receiving a dowry, the man of a home obtained possession of goods with the bride. If she
proved unfaithful, she could be returned to her family, the asset remaining as compensation to
the husband. It needs monitorial as well as material incentive to maintain a unified family. It
is entirely this system that has resulted in the most advanced social and technological
societies of earth. Argument against the virtue of patriarchy becomes the dispute of the entire
course of Western Civilization and every comfort it has secured, from basic technologies
such as smelting, to advanced medical sciences, telecommunication, and philosophy.

Structural Functionalist Theory- When the cost-benefit ratio is balanced, so that no party
stands gain or loses either materially or socially, prestations are unlikely to be transferred.
Jack Goody (1973) primarily concentrates primarily upon bride wealth and dowry which are
associated respectively with Africa and Eurasia, where their practice is seen to be
functionally related to contrasting organizational structures. For Goody, it is their perspective
of enduring social and economic structures, not the commercial logic of conjugal
transactions, which gives forms and meanings to these payments. He further states that bride
wealth and dowry merely involve the redistribution of property at marriage and therefore
consequently be analyzed in the wider context of property relations. But such relations itself
entailed in an encompassing social order. Thus dowry, which is a form of deviation
devolution, is associated with bilateral systems, since inheritance is not retained within the
bounds of a corporate unit. Bride wealth, on the other hand, typically, involves a transfer
between corporations (minimally defined), and is linked to the lineal devolution a descent
structures.

Structuralist Perspective- This theory tries to establish whose motivation lies in the universal
principle of reciprocity in the following manner:

a. According, to them the meaning of marriage payments is not to be understood by the cross-
cultural comparison of their surface manifestations and their general social correlates, but by
first establishing their relations to other organizational elements within encompassing system.

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b. Any such system may be analyzed at two levels. On the one hand, it exists as constitutive
order; i.e. as set of related principles which give form to the sociocultural universe. On the
other, it is a lived-in, everyday context which represent, itself to individuals and groups in a
repertoire of values and contradictions, rules and relationships, interests and ideologies.

c. The marriage process is a fundamental dimension of the reproduction and potential


transformation of the social system at large.

d. The mobilization, alienation and distribution of prestations, along with other principles and
processes, may represent a generative mechanism whereby social units, roles and
relationships are actualized, transformed and given their manifest content.

It may be thus summarized as: the transfer of material objects, an interrelated class of
alienations, of which marriage prestations are one element, represent a point of articulation
between the organizational principles which underlie and constitute a sociocultural system
and the surface forms and processes which together comprise the lived-in universe.

Social Conflict Theory- One of the major theoretical perspective in sociology is called social
conflict theory. This theory views society as a system of groups that are not equal, and
therefore consistently generate conflict and change. Similarly, men and women are not equal
in society and this generates conflict always between the two which leads to heinous crimes
such as rape, dowry deaths, etc. According to this theory one sex is always been considered
as subservient which is the main cause of all the social conflicts especially between men and
women.

Social Disorganized Theory- Social disorganization is defined as an inability of community


members to achieve shared values or to solve jointly experienced problems. Shaw and
McKay traced social disorganization to conditions endemic to the urban areas that were the
only places the newly arriving poor could afford to live, in particular, a high rate of turnover
in the population and mixes of people from different cultural backgrounds. Shaw and
McKay's analyses relating delinquency rates to these structural characteristics established key
facts about the community correlates of crime and delinquency, and their work remains
useful today as a guide for efforts to address crime and delinquency at the community level.

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Chapter 4: Statement of Problem

The research problem dealt with in the current research project is highly relevant and of great
importance in the present day context when the instances of dowry deaths are increasing and
so is the number of women affected by it. Dowry death, in this 21st century, is a burning
problem of the society. It is increasing day by day owing to prevailing socio - economic
fabric and life style in the family. It has become a major challenge to the police personnel,
medico legal experts as well as to judicial officers not only to wipe out this social menace but
also to penalize the culprits in deterrent manner. The most interesting feature of this crime is
that in the majority of the cases of bride – killing centered only one sex. More often cruelty
emanates from the failure of the parents of the girl to meet the exacting demand for the dowry
by the in-laws of the victims; our anxiety on this score has darkened into dread which in turn
has dwindled into despair. The unnatural deaths of newly married young women have
become a public talk of the town now. Nowadays a large number of newly married women
are burnt alive by their husbands and / or in-laws or forced by them to choose fire to end their
unhappy life. In majority of these cases dowry is the first and foremost motive behind this
heinous crime. The extreme stage of vulnerability, pain, emotional conflicts, exploitation and
helplessness has ceased up the minds of women hampering the social development of the
whole of country, and adding a bad name to our democracy. 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. The dowry system is
responsible to a great extent for child marriage and discrimination against girls.

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Chapter 5: Research Methodology

Research Objectives:

 To assess the role of women in society and crime against them.


 To explore the custom of dowry in Indian marriages from past to present at a glance.
 To analyze the dowry death and dowry against women over a decade and cause of such
cruel custom.
 To determine the various laws relating to women and dowry and its consequences.
 To make aware about how the society has converted the custom of marriage to marriage
market.
 To provide suggestion about how to actually prevent the increasing trend of dowry death.

Universe/Population of the Study-

For the purpose of this proposal women are the group which will be taken in account
exclusively, to understand the ill effects of dowry death both their physical as well as
psychological. In this study, women are exclusively chosen because they are the only victim
in large numbers of this heinous crime.

The project has classified the victims of dowry deaths into different age groups as follows,
from 0-10 years, from 10-15 years, 15-120 years and from 20-25 years. It includes mostly
female victims. Paper is only confined to the age limit of women under different divisions.

Method of data Collection-

The relevant data used in the paper is collected from secondary sources. Data includes
Articles, UN Reports, Census Reports, News articles, Case Laws, reports from different
NGO’s involved in dowry death issue, and other web generated resources. The paper intends
to establish connection between the crimes going on related to dowry death and the age
groups of women who mostly suffer.

The setting for this research is India, showing alarming rate in the growth of heinous crime,
along with it shows the comparative studies of other states from all the four corners of the
country. It tries to establish the relation between all the variables with the help of Graph
drawn on the basis of data obtained from different secondary sources.

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Chapter 6: Role of women As Backbone of society

The woman according to the Bible was created by God with one of man’s ribs. The rib was
taken from his side. This signifies that a woman is a man’s co-worker and both are meant to
work hand in hand to help build up the society. There was a significant reason God created
her from the ribs and not from the man’s foot to show her place is alongside man and not
under his foot to be trampled upon. But most of the today’s society holds a contrary view, as
a woman is seen dependent on man and inferior to him. This mentality rightly begins right
from the family, which is the smallest unit of society. The birth of a boy child is most times
celebrated with more pomp and pageantry than that of a girl child because it is believed that it
is the male that will carry on the family name. But the ability to support life makes woman
the most powerful and strongest being. She can play different roles at any difficult times with
ease be it that of a dutiful wife, or to be an obedient daughter, or caring mother or adoring
sister. Down the ages women were not given their due yet they passed on without complaints.
In spite of all these qualities, “Women in Indian society have been victims of ill-treatment,
humiliation, torture, and exploitation for as long as written records of social organisation and
family life are available. These records are replete with incidents of abduction, rape, murder,
and torture of women.”

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. History is replete with examples of
courageous women like Lakshmibai, Indira Gandhi, Hellen Keller and so on.

Dowry-related violence is a serious problem that affects the lives of women and girls. It
includes gifts, money, goods or property given from the bride’s family to the groom or in-
laws before, during or anytime after the marriage. It is jus a showcase of response to explicit
or implicit demands or expectations of the groom or his family. The United Nations Division
for the Advancement of Women defines dowry-related violence or harassment as “any act of
violence or harassment associated with the giving or receiving of dowry at any time before,
during or after the marriage.”

The violence and deaths associated with dowry demands can constitute domestic violence.
Similar to acts of domestic violence, the acts used in dowry-related offenses include physical,

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emotional, and economic as well as mental violence, as well as harassment and stalking as
means to exact compliance or to punish the victim. It is often the women who struggle with
bringing successful claims of dowry-related violence, as emotional and economic violence
are difficult to prove in a court of law. However, dowry-related violence is distinct from
domestic violence in that the husband or current partner may not be the only perpetrator of
dowry-related violence or death. In-laws, former spouses, or fiancés may also commit acts of
dowry-related violence.

Survivors of dowry-related violence often require similar services as survivors of domestic


violence. These women will require transport to shelters, emergency services, support
programs, and legal assistance.

In comparison with some other social problems, “gender discrimination!’ does not “appear”
to be a serious problem in India. It “appears” to be so because; it has not been made a very
big social issue so far. But in reality, it has weakened the strength of the female community
of India. Though constitutionally men and women are equal, socially men are given priority
and importance sometimes to the disadvantage of women. There are various areas wherein
this discrimination is apparent.

(i) Discrimination in Socialisation.

(ii) Discrimination in the Distribution of Power and Work.

(iii) Women’s Health is ignored.

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Chapter 7: Custom of dowry in Indian marriage
from past to present

Violence against women in India:-Religion, customs, age-old prejudices, etc. have put
Indian women in an inferior 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 all become the results for 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 they does not have easy access to justice. The issues related
to women are being raised and discussed in various flora, in the recent times. 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.

HISTORICAL BACKGROUND

Stereotyped customs sometimes persist, irrespective of the harm or good they may bring to a
society. Legal reforms lag behind, and the legislations fail to perform before the customs-
perhaps because it doesn't have a sense of the urgency of the task or the power of social and
economic conditions to limit legal rights and duties. The custom of dowry giving thus
continues to lead to economic exploitation and ill treatment of brides, and humiliation of
other people affected by it.

The original purpose of 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. Therefore, a husband thus establishes certain
property rights in his wife's dowry. In addition, the wife might bring some other assests as the
marriage property of her own, which did not include in the dowry and which was, as a result,
hers alone. This property was "beyond the dowry"
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

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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. This has
just been a method for 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.

Amongst Hindus, marriage in the same caste and sub-caste has been prescribed by the social
and religious practices with the result that choice of selecting a mate by own is always
restricted. This results in the paucity of young boys who have high salaried jobs or promising
careers in the profession. Therefore, they become scarce commodities and their parents
demand huge amount of money from the girl's parents to accept her as their daughter-in-law,
as if girls and chattel for which the bargain has to be made.

But now Dowry system in Indian Marriages has become 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 women’s property- stridhan. Kautalya has rightly pointed
out 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.
It is made its way to all sections, classes, castes, societies and communities. It even permitted
the tribal societies known for primitive egalitarianism and gender equality and to Muslim
community too. Strong legislation, laws and women’s movements, every attempt to resist it
has been thwarted by the wide social sanction accorded to this illegal practice.

Since British rule till date efforts are being made to remove 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.

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DOWRY AMONG MUSLIMS

All Muslim marriages involve Mahr, a payment to the bride by the groom and his family
whenever she demands it and as per agreement some or all the mahr may be paid at the
wedding. Mahr is usually given in cash, but it may also include real estate and jewellery. The
pledge of Mahr is said to be legally binding. The groom's kinsmen are also expected to
provide the bride with clothing and jewellery at the wedding. All Muslim brides are expected
to bring dowries to their conjugal homes. These range from a few cheap cooking pots to a
grand array of household goods, clothing, milking animals and even servants.

DOWRY AMONG INDIAN CHRISTIANS

The Indian churches also face the problem of dowry – especially those with ancient traditions
in South Tamil Nadu and Kerala, such as the Syrian Church. The dowry arrangement is
commonly accepted by the church; justified on the grounds that the bride is bringing with her
wealth equivalent to her share in the family property In order to avoid sub-division and
fragmentation of immovable property, the female members of the family are given their share
in cash and jewellery. Until recently, a certain portion of the dowry was given to the church
as a gift. There is, even now, a special ceremony among these Christians in the presence of
the local priest, to mark the giving of the dowry. The evils of the dowry system are therefore
experienced by the Christian community, no matter what justifications are put forward.

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Chapter 8: CAUSES AND EFFECTS OF DOWRY

There has been a numerous causes of dowry system which can be explained as:

Greed-Expectation: When the marriage ceremony talks are initiated, a major mindset works
that it is the event for extortion from the bride’s family. Several reasons are cited including
the dowry is being demanded to compensate the costs of the groom’s education and liability.
The fact lies in the reason that the girl is also a responsibility for the family, not a liability,
which is ignored widely. The primary reason behind such measures can be justified through
the greed factor. Owing to expectations of material benefits from the bride’s family, dowry is
demanded for, and at times, when the demands are not met, either the marriage is called off,
or the bride is exploited leading to domestic violence.

Social Status: The ancient India was quite liberal in the event of gift exchange during
marriage. This all depends upon the financial status of the families. However, at present, the
dowry amount and in-kind gift exchange that has led to depletion in status of women in the
society, and led to depiction of social stance through the networth exchanged. The financial
status of the bride’s family is of no significance to the groom’s family leading to prospective
dowry extortion in a marriage. Yet again, the bride’s family try to pay it out owing to the fact
that losing a marriage proposal would deteriorate their status in the society.

Illiteracy: With a literacy rate of 74.04% in the country, it is quite valid to consider it the
primary cause for different social evils and heinous crimes. Starting from the segment that is
not knowledgeable about the laws and legislation, they face several atrocities owing to dowry
exchange practices. They are left with little or no choices and have to meet the demands of
the groom’s family, which when not met, it leads to exploitation of the women.

Status of Women: It is quite obvious that women’s status in the society is not an equal one
as compared to man. The plight doesn’t end here. Rather, the society owes its infrastructure
buildup to the effective contribution of both genders alike. However, it is significantly
ignored and the ultimate sufferers are the women in such setup. The dowry system is the
brainchild of such mindset and is the primary reason behind the plight of women in the
nation.

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Lack of Willingness to adhere to laws: The Government of our nation has drafted several
legislation to prevent the dowry system. However, after the decades of drafting, these laws
are still insignificant and this social evil still resides in our society. The primary reason
behind the failure is lack of mass participation. People pay no heed to such laws and make
sure to exploit the dowry system to gain material benefits under the veil of a marriage
proposal. Hence, the demands are made, and owing to ignorance of anti-dowry laws, the
bride’s family suffer at the hands of the groom and his family.

Effects of Dowry System

The effects/ impact of dowry system are discussed below:

Initiates gender imbalance: One of the main aspect of dowry system is that it creates gender
inequality in nation. According to the social infrastructure of the nation, it is a common
perception that a woman is a liability and is to be married off someday, with a dowry debt at
disposal. Well, for the masses, the birth of a girl is a loss to long-term plans to pay off the
dowry along with the child.

This saving venture hampers the future of the girl and restricts her of equal opportunities for
the male child. The very future planning for a better marriage proposal ruins the prospects of
a merrier life for the child. The plight of the girl child is initiated with her birth due to this
particular infrastructure and continues to hamper her peace of mind and tranquility.
According to the latest 2011 census stats, the number of females per 1000 males stands at a
meager count of 943. Hence, this impacts the building blocks of the society and hampers the
growth of the nation.

Social Effects: When we speak of the constituent evils of the segment in our subcontinent,
dowry system is one of the most leveraged one, in the society that comes into mind. Being
widely practiced across the nation, every other family faces the brunt of it. If a demand is not
met by the bride’s family, it is she who suffers at the hands of her groom’s family leading to
social imbalance and emotional breakdown. 70%of our population resides in the villages and
this practice still holds its stance midst the economy and the society as a whole. The society
judges the worth of a person on the basis of dowry accepted or received and this framework
can be attributed to the detrimental status of woman in the society.

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Decrements status of women: When a girl is born, for particular individuals, the societal
framework is dismayed. She is no longer happiness and her birth is no more an occasion and
a burden. She is deprived of basic rights to education, freedom and speech. However, owing
to the basic structure, and the dowry ideology, her ordeal doesn’t end with marriage. For a
female individual, with little or no self economic support, she exists at the assistance of her
groom. Hence, when his demands aren’t met, it leads to the breakdown of the empathetic
relation between the two entities leading to disparity. And this leads to domestic violence and
poses a serious threat to the future of the family. The girl loses on her freedom once she is
married and it yet again, comes at the cost of a dowry debt.

Promotes domestic violence and crime: Dowry system initiates the act of violence in the
society. When demands are not met by the bride’s family, the consequences becomes a
danger. At times, extreme steps are undertaken to shell out financial grants or material
benefits from the bride’s family. Well, yet again these steps can be attributed to the much
debated domestic violence. The crimes against women take a surge owing to this structure of
extortion.

Economic effects: Economy is the financial stockpile of the nation. It is a deep-vested, mass
effort to bring the platter for every individual. Dowry system, though it seems a minor social
evil can affect the nation and it’s individuals alike. Owing to this setup, women aren’t granted
equal rights and opportunities, leading to loss of economic workforce from the segment.
Women are active participants in the development of the nation, and if their rights are
hampered at the domestic level, it affects our economic build-up significantly. We lose the
consistent workforce at the hands of a social evil and hamper the growth of our own home
and the society.

Deteriorating financial status of bride’s family: Dowry doesn’t affect the bride alone.
Rather, its ordeal extends to bride’s parents and they have to bear the financial demands of
their counterparts to ensure well-being of their child. With regular demands from the groom’s
family, reports of suicides are increasing in every day to day life. Needless to say, this social
evil should necessarily be eradicated for the society and the nation.

Loss of self-esteem among the women: The demands being met for the welfare of the bride
comes at a cost. Out of concern for her parents, she loses on self-esteem by believing she is a

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burden on her family. It affects her peace of mind, and her right to a better life. Dowry
system has imposed an invisible chain upon the freedom and self-respect of women and
continues to haunt them since time eternal. Observing the problem closely, it can only be
stated the greed of an individual ruins the peace of a beautiful brain.

LAWS RELATED TO DOWRY DEATHS

Initially at the time of marriage, money is given by bride’s family as per demand of the in
laws but later on hunger of dowry is increasing extremely high which is followed by torture
of bride and ends up in her death. In other words, in bride burning cases, crime is normally
abetted and even committed by the females themselves. The unnatural death of newly
married young woman due to dowry is routine headline of every newspaper and media even
today. Self burning by females after death of her husband in Hindu community is
traditionally accepted and matter of proud as in ' Pratha' or 'Joher'. But nowadays, large
number of newly married young women is

Burnt alive by their husbands and / or in laws or forced by them to end their unhappy life,
while a few others are killed first and then burned to hide the crime. In majority of these
cases, dowry is the prime motive behind this terrible crime.

Protection of young married women from the hands of this heinous crime:

IPC Section 304 - B deals with dowry death

When the death of a married woman is caused by any burns or bodily injury or occurs under
abnormal or suspicious circumstances within seven years of her marriage duration and it is
clearly shown that soon before her death she was subjected to cruelty or harassment or torture
by her husband or any relative of her husband or in laws for, or in connection with, any
demand for dowry, such death shall be called as "dowry death", and such husband or relative
or in law s

deemed to have caused her death. Whoever commits dowry death shall be punished with
imprisonment for a term minimum of seven years which may extend to imprisonment for life.

IPC Section 498 - A deals with husband or relative of husband of the subjecting her to
cruelty

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Whoever being the husband or the relative of the husband or in law of a woman, subjects
such woman to cruelty or harassment or torture shall be punished with imprisonment for a
term which may extend up to three years and shall to pay fine. The cruelty can be either
mental or physical torture which drives the women to commit suicide or to cause serious
injury,or danger to life or health.

The Dowry Prohibition Act, 1961: The Dowry Prohibition Act of 1961 was one of the most
significant attempt for the uplift of women’s status in the society and the abatement of dowry
system. This legislation marked the inception of an evolution leading to development of a
legal infrastructure which effectively monitored the exchange and facilitation of exchange of
dowry. It imposes a penalty in section 3 in case of exchange or demand for dowry. The
minimum term for the lay-off was 5 years and a minimum fine of INR 15,000 or the amount
of dowry, depending upon whichever is higher. In case a demand for dowry was made, it was
equally punishable in the legislation. Well, if a direct or indirect demand was made, it would
invoke a prison term of 6 months at the threshold with a fine of INR 10,000.

Protection of Women from Domestic Violence Act, 2005: Women are one of the most
significant assets of the society and are active contributors in an all round development of the
nation. However, owing to the male dominated setup in our society, they suffer both
physically and mentally. Well, their ordeal is not limited to the society as a whole. Rather,
several cases reveal that domestic violence is still a significant deterrent against the uplift of
the woman’s status in the society.

To counteract the abuse women face at their own abode, the Protection of Women from
Domestic Violence Act, 2005 was passed. It facilitated a civil law solution to protect a
woman from domestic violence in India. The definition and the segments included in the
legislation are diversified and include all forms of abuse, namely, physical ,emotional,
economic, sexual or verbal aggression.

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

The most important cause of accepting dowry by the grooms' parents is that they have to give
dowry to their daughters and sisters. Naturally, they look to the dowry of their sons to meet
their obligations in finding husbands for their daughters. For instance, an individual who may
be against the dowry system is compelled to accept fifty to sixty thousand rupees in cash in
dowry only because he has to spend an equal amount in his sister's or daughter's marriage.
The vicious circle starts and the amount of dowry goes on increasing till it assumes a
scandalous proportion.

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Chapter 9: Data Analysis and Discussion

Unnatural deaths of married women amongst the total female deaths have been an increasing
trend in Indian society during the recent past years, which may be suicide, homicide, or even
accidents. But these suicides and homicides are currently more commonly associated with the
dowry disputes. Magnitude of dowry deaths shows that there has been a sharp increase of
dowry deaths in the National Capital, while Chennai being at the lowest rate.

The above graph has been published by the NCRB, Crime Against Women where it depicts
there has been a gradual rise from year 1990-1997 and after 1997 there has been a steep
increase from 1998-2010. This shows that although the world is getting technologically

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developed but still the mindset of the third world country like India has still been in the
period where women were being sold just for in the exchange of money.

Most of the victims are aged between 18-25 years (60%) cases, followed by 25% cases in 26-
30 years, 11.66% cases in 31-35 years and only 1.66% case has occurred in 36-40 years of
age, 56% of victims belong to the age group of 18-25 years.

From the above graph, it is evident highest number of dowry death cases is from 2nd to 3rd
year of marriage may be due to infertility or infedility.

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With regard to type of family, this study shows most cases were from nuclear family 55%
where suicides were easily committed, and 45% from joint family. This may be due to rapid
urbanization where families settle in urban areas in search of work and other issues, and more
often wife accompanies husband, segregating from joint families.

The National Crime Records Bureau (NCRB) figures state that 8,233 dowry deaths were
reported in 2012 from various states. The statistics work out to one death per hour.

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The above diagram depicts the sociological process of dowry system. More specifically how
it leads to illegal activities and from there it to women development and empowerment.

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Chapter 10: SUMMARY OF THE FINDINGS

1. Since India after independence, the country has seen a rise in dowry-related violence
alongside its economic boom. The country's growing economy exacerbates dowry
crimes by encouraging a culture of materialism.
2. Women, the worst sufferers of such change, have become victims of molestation,
rape, domestic violence including dowry torture and death.
3. The tentacles of dowry have penetrated in all social constituencies i.e. both in urban
and rural areas, upper, middle and lower castes and classes, different religions, etc.
overall it has assumed a pan-Indian character.
4. The increasing rate of literacy and the governmental emphasis (whether through
media or various welfare schemes/ financial incentives) on status equality of male
and female child has not made any significant change towards eliminating the gender
biases from peoples' minds.

5. Cases of dowry death has been increasing day by day and immediate measures need
to be taken by the Government as well State intervention is also requires for the
complete elimination of this heinous evil.
6. To evaluate the existing legal measures provided in IPC under different provisions
and to access the impact of the Dowry Prohibition Act of 1996.

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Chapter 11: Conclusion and Recommendations

Recommendation

The problem has to be visualized in a wider context and cannot be viewed in isolation from
the status of women in the society. Only, Legislation cannot by itself solve deep-rooted social
problems; there must be some other way of approaches. Therefore, what is required is not
only a strong legal support network from government but also opportunities must be provided
for economic independence, essential education and awareness, alternative accommodation
and a change in attitude and mindset of society which includes judiciary, legislature,
executive, men and the most importantly woman herself. Restructuring society in terms of
power and role relationship while emphasizing the egalitarian values has become need of the
hour. The need of the time is requires is a more holistic approach to dealing with the
phenomenon of violence against women, particularly in Dowry and Bride Price. During the
national Struggle for Independence, Gandhi gave a call for emancipation of women. He
wrote- ―”I am uncompromising in the matter of women‘s 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. 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. One first raise your voice against dowry. resist taking
and giving dowry.

Also the domestic violence, murder, and female infanticide that result from the dowry
tradition must be abolished through increased enforcement of legal provisions such as those
in the Dowry Prohibition Act of 1961. By vehemently prosecuting and convicting
perpetrators of dowry violence, the expected punishment could be increased enough to offset
the benefits of committing such dowry related crime, thereby reducing the overall frequency
of occurrence.

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CONCLUSION

Dowry problem has become one of the most important and heinous crime in this 21st century.
Dowry as well as bride price humiliate and dehumanize women in India. It is true that the
increasing coercive character of dowry has led to a decline in the status of women. But it
must be pointed out that contrary to popular wisdom; women do not have a higher status in
those castes and communities where dowry and bride price is paid for them. This social curse
has to be attacked by a multipronged and organized approach by police, women welfare
organizations, reputed public servants, and judiciary and The practice of dowry abuse is
rising in India. The most severe in ―bride burning, the burning of women whose dowries
was not considered sufficient by their husband or in-laws. The concept of equality has
exercised a powerful emotional appeal in the struggle of women to free them from age-old
oppression.the only long-term solution is to change the mindsets of the people they need to
view women with respect and as equal partners in building India’s society.

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References

 Jagori (2009) “Marching together-Resisting Dowry in India”.


 Jaggi Tanusree “The Economics of dowry: Causes and Effects of an Indian
Tradition.” University Avenue Undergraduate Journal of Economics, vol. 4.
 Pramer Pragnesg “Dowry Death & Law- Indian Scenarrio” Pragnesg Pramer, vol. 1.
 Singh Mahek, (2013) “Dowry as a factor of Violence in Marriage: A study of women
seeking help in Family Counseling Centres” vol. 2, International Journal of
Advancement and Technology.
 Reshma & Ramegowda (2013) “Dowry – The Cancer of Society”
 Negi (2000) “Violence against women in India: A literature review” Institute for
Social Science Studies Trust.
 Haveripeth, P.D. (2013), “Causes and consequences of dowry menace in India- a
criminological perspective” Radix International Journal of Research in Social Science
vol. 2.
 Gangrade, k.d. and Chander, H (1991), “The dowry system in India. In S.Sewell & a.
elly (Eds) Social problems in the Asia Pacific region” 260-283.
 Randeria, Shalini & Visaria, Leela (1984) “Sociology of Bride Price and Dowry”.
Economic Political Weekly vol. 19.
 Expanding dimension of Dowry Report (AIDWA Publication) (2003), India.
 National Crime Bureau Report (2011), India.

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