Dowry: Paying your Spouse to Get Married

   “Hello there! I’m here to provide you with a bit of information on what dowry and dowry death is, its various facets, and the Indian laws relevant to this abuse. What you, as a survivor, are experiencing, post confronting a traumatic experience is normal. What you, as a bystander, are going through while supporting a survivor is absolutely okay and typical too!  If you need additional resources or just someone to talk to, feel free to reach out to The Neeti Project."

Written By: Shashank Ramachandran

What is Dowry?

Dowry refers to payment typically made to the groom’s family by the bride’s family at the time of a wedding and/or marriage.

What is Dowry Death?

Dowry deaths are occurrences when married women are either driven to suicide or are killed due to disagreements regarding the ancient practice of dowry.

The National Crime Records Bureau (NCRB) revealed that in 2020, 19 women each day lose their life due to dowry related matters (19 Women were Killed for Dowry Everyday in 2020: NCRB,2021) ( Factors which make India the Most Dangerous Country for Women in 2018, 2020).

Why do Dowry Deaths Occur?

1. Patriarchal Society: Patriarchal societies and communities view men as superior to women. As a result, many patriarchal families expect the bride’s family to pay dowry to marry the groom. The disapproval of inter-religious marriages and marriage between different religious sects, limits the number of suitable marital ties. Consequently, the bride’s family wind up willing to do anything to secure a groom.

2. Materialism: Patriarchal mindsets result in valuing grooms more, leading to their families becoming increasingly materialistic. In many instances, the groom’s family put forward hefty demands which the bride’s family has to fulfill in order to marry into the family.

3. Illiteracy: Lack of education amongst female children is still quite prevalent in many rural regions within India. girls are denied education to prevent the risk of them becoming independent and progressive, qualities that are viewed as unbecoming of a female or a 'good wife'.

4. Dowry as a Status Symbol: The amount of dowry given by the groom's family indicates their wealth and rank on the social and economic hierarchy. The more dowry the groom’s family receives, the greater opportunity they gain to discuss how valuable their son is.

What Other Violations Does Dowry Lead to?

1. Female Feticide: Girl children are perceived as a burden because parents have to spend money in the form of dowry, to get the girl child married. The State of World Population 2020 report published by the United Nations Population Fund (UNPF) found that India accounted for 45.8 million females missing at birth as of 2020, due to the societal prevalence of female feticide (India accounts for 45.8 million of world’s missing females over last 50 years: UN report, 2020).

2. Suicide by Girls: During the selection of a bride, young girls are exposed to various forms of mental harassment in the form of body shaming, skin color shaming, etc. This mental distress drives young girls to commit suicide.

3.Lack of education amongst girls: As mentioned earlier, girls are denied education to prevent the risk of them becoming independent and progressive, qualities that are viewed as unbecoming of a female or a 'proper wife'. Additionally, preventing girls from attending education allows the family to save money, which is used for the girls marriage.

How Are Laws in Place for Dowry Being Misused?

There have been instances where wives have lodged false complaints, enabling the extraction of money from their spouse or arrest of their husbands. The protection in place for harassed spouses has led men turning into victims as well with a lack of recognition that men can be victims too.

Statistics provided by the National Crime Records Bureau show that nearly 200,000 people, including 47,951 women, were arrested with regard to dowry-related offences in 2012, but only 15% of the total accused were convicted. The 243rd Report by the Law Commission of India tried to reduce the severity of anti-dowry laws and laid down that arrest is not always required for dowry related offences, and that the first line of remedies should be counselling and mediation. It reinforces that the power of arrest should be used responsibly.

What Indian Laws Exist to Prevent and Reduce the Practice of Dowry?

There are provisions in place against the practice of dowry. Of these provisions, the Dowry Prohibition Act, 1961 is the first line of defense against dowry. Let’s take a look at some of the sections under this Act:

1. Penalty for giving and taking dowry (Section 3): According to Section 3, if any person gives, takes, or abets the giving or taking of dowry, that person shall be punished with an imprisonment for a term not less than five years and with a fine, which shall not be less than fifteen thousand rupees or the value of the dowry, depending on whichever amount is more.
2. Penalty for demanding dowry (Section 4): According to Section 4, any person that directly or indirectly demands dowry from parents, relatives of the bride or the groom shall be punished with an imprisonment of no less than six months, which shall extend to two years and with a fine which may extend to ten thousand rupees”.
3. IPC Section 304(B) deals with punishing those who are responsible for a dowry death. It states that if the death of a woman is caused otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, the death shall be called “dowry death” and such husband or relatives shall be deemed to have caused her death. Whoever causes dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Need Help?

If you have had to unfortunately endure any harassment regarding dowry, here are some resources that could help you:

1. https://www.lawctopus.com/academike/how-to-report-dowry-related-violence/
2. https://www.myadvo.in/blog/7-Fearless-Ways-to-Tackle-Dowry-Demands/
3. https://standupagainstviolence.org/en_US/support-organisations/

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References

CNBC TV18. (2021). 19 women were killed for dowry every day in 2020: NCRB. Retrieved from

https://www.cnbctv18.com/india/19-women-were-killed-for-dowry-every-day-in-2020-ncrb-10758421.htm

Statista Research Department. (2020). Factors which make India the most dangerous country for women in 2018. Retrieved from

https://www.statista.com/statistics/909596/india-most-dangerous-country-for-women/

Cultural India. (n.d.). Dowry System in India – Causes, effects & solution

social issues. Retrieved from

https://learn.culturalindia.net/essay-dowry-system-india-causes-effects-solution.html

The Guardian. (2007). Dowry law making us the victims, says India's men's movement. Retrieved from

https://www.theguardian.com/world/2007/dec/13/india.randeepramesh1 

iPleaders. (2016). What are the laws prohibiting dowry in India. Retrieved from

https://blog.ipleaders.in/laws-prohibiting-dowry-india/

ThePrint. (2020). India accounts for 45.8 million of world’s missing females over last 50 years: UN report.