DOWRY SYSTEM IN INDIA: LAW, CHALLENGES, WAY FORWARD

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Context

Anti-dowry measures fail due to the deep-rooted societal acceptance of dowry as a traditional part of marriage.

What is Dowry?

It is defined as a transfer of property, money, or other assets from the bride's family to the groom, his parents, or his relatives as a condition of marriage. 

The Scale of the Problem:

According to the 2022 (latest available) data from Home Ministry’s National Crime Records Bureau (NCRB), 450 dowry deaths in 2022; on average, around 20 women die daily from dowry-related cases.

• From 2017 to 2022, 35,493 dowry death cases were registered, averaging nearly 6,000 annually.
• Uttar Pradesh accounted for the highest number of dowry deaths, followed by Bihar, Madhya Pradesh, Rajasthan and West Bengal. These five states together form nearly 70% of all dowry death cases in the country.
• Delhi reported the highest number of dowry deaths among major cities between 2017–2022, followed by Kanpur, Bengaluru, Lucknow, and Patna.
• Convection rate below 2%
• Over 60,000 cases were pending in courts by the end of 2022.

Steps taken by Government of India

Dowry Prohibition Act, 1961 (DPA): Prohibits giving and taking of dowry, making it a punishable offense, minimum 5 years’ imprisonment and a fine of rupees 15,000 (or the equivalent value of the dowry taken, whichever is more). Provisions for recording wedding presents, signed by parents of both parties.

Amendments to Criminal Law (1983): Recognizing the initial ineffectiveness of the DPA, the government amended other criminal laws to address dowry-related violence and deaths.

Cruelty by Husband or Relatives (Section 498A of the IPC): Now Section 85 and 86 under the Bharatiya Nyaya Sanhita (BNS), introduced to deal with cruelty against a married woman by her husband or his relatives.

Hindu Succession Act, 1956: Grant property rights to women, to reduce their economic dependence and vulnerability.

Administrative and Social Support Measures: Efforts include the provision of legal aid to the poor and the establishment of women/family counselling centers (eg. Sakhi One Stop Centre).

National Commission for Women (NCW) and its state-level counterparts spread awareness about the dowry system and related laws through seminars and workshops.

Protection of Women from Domestic Violence Act, 2005: Includes dowry harassment within the definition of domestic violence, offering victims remedies such as protection orders and residence orders.

Schemes like Beti Bachao Beti Padho and the Sukanya Samriddhi Yojana (a small savings scheme for girl children) to empower women socially and economically, reducing their vulnerability to dowry demands.

Judicial Intervention  

State of Bihar vs Ramesh Singh (1977): Prohibited giving or receiving dowries and stressing strict enforcement.

Pratibha Rani vs Suraj Kumar (1985): Taking possession of a bride's belongings and jewelry is a criminal breach of trust.

State of Punjab vs Satvir Singh (2001): Clarified the legal definition of "dowry" under the Dowry Prohibition Act, stating it includes any valuable security or property given directly or indirectly at, before, or after the marriage.

Sushil Kumar Sharma vs Union of India (2005): Raised concern over misuse of Section 498A, but upheld the law, stating that misuse does not invalidate the law itself.

Arnesh Kumar vs State of Bihar & Anr. (2014): Police must conduct a preliminary inquiry before arresting an individual under Section 498A IPC.

What are the root causes of dowry in India?

Ancient Customs: Dowry originated from ancient customs such as 'Kanyadan' and 'Stridhan'. Initially, these were acts of parental devotion and generosity. However, these practices transformed into inflexible obligations and societal norms.

Patriarchal Mindset: Social system positions males as superior, treats women as "paraya dhan" and labels them a financial burden or liability. Girls face neglect and discrimination from childhood, receiving less nutrition and fewer opportunities than boys.

Social Status: Families offer larger dowries to demonstrate their high social and economic status or to secure favourable alliances, a practice known as hypergamy.

Caste System: Social pressure enforces marriage within caste and community norms, results in limited availability of educated and financially stable men, bride's families offer higher dowries to secure "suitable groom".  

Materialism and Consumerism: Increasing consumerism and materialistic attitudes have fueled higher dowry demands. Families see dowry as an opportunity to acquire luxuries and enhance their social standing.

Ineffectiveness of Anti-Dowry Laws: Society views dowry exchange as a private familial matter, not a legal violation. NCRB reports convictions rate in dowry matter is below 2%.

• Weak enforcement by police and judiciary, coupled with corruption and insensitivity.
• Delayed judicial processes and low conviction rates, which discourage victims from seeking justice.
• Social stigma and lack of awareness prevent many women and families from reporting cases.

Lack of Awareness: Many women and families remain unaware of their legal rights or hesitate to report cases due to social stigma and fear of retaliation.

Impact of Dowry System  

Violence and Fatalities Against Women: Dowry directly links to violence against women, forces vulnerable women to commit suicide or results in their murder.

• The National Family Health Survey (NFHS) 2019-21, shows that 29% of married women faced physical by their husbands/partners.

Financial Exploitation: Dowry places a significant financial burden on the bride's family, leading to hardship, debt, and poverty. Parents sometimes marry daughters at an early age to avoid huge dowry payments.

Gender Inequality: Society views women as a liability, leads to the disempowerment of women and make them dependence on men.

Psychological Trauma: Brides face harassment, cruelty, and mental torture from husbands and in-laws, making their lives miserable.

Son Preference: Dowry desire increases the son preference, leading to female foeticide or infanticide as families seek to avoid the future burden of dowry. Girls receive less nutrition, immunization, and education than boys from childhood.

Way forward

Implement Comprehensive Legal Reforms: Strict enforcement of anti-dowry legislation, increase penalties under the dowry act for both accepting and providing dowries.

• Better training and resources for law enforcement agencies to conduct thorough investigations before arresting as recommended by the Supreme court in the Arnesh Kumar case.
• Impose strict penalties for false and malicious charges to prevent misuse of Section 498A IPC (now BNS Sections 85 and 86).

Promote Social and Cultural Change: Challenge and transform patriarchal norms that devalue women, counter the cultural trend where individuals offer larger dowries to demonstrate high social and economic standing.

• Develop campaigns that appeal to men's sense of justice and self-respect, highlighting the economic contributions of women and within families.

Empower Women: Invest in women's education, vocational training, and professional development to reduce their financial dependence on men.

• Provide preferential soft loans for women's micro-enterprises and offer tax rebates for women-owned businesses and property.
• Implement incentive programs, such as "Smart Cards" for girl children, providing food, medical vouchers, and educational support, making girls as assets rather than liabilities to families.
• Introduce tax rebates for property registered in a woman's name or jointly held by a male and female to incentivize female property ownership.

Strengthen Enforcement and Judicial System: Address issues of delayed response, improper investigation, and reluctance to register cases.

• Establish specialized courts and expedited procedures for dowry-related cases to ensure timely justice for victims.

Encourage Community and Family Involvement: Engage local leaders and communities in the fight against dowry.

• Encourage the formation of neighborhood and village volunteer committees to combat domestic violence through local action.
• Encourage parents to provide their daughters with a better education, opportunities, and a supportive environment before marriage, rather than focusing on dowry. 

Source: INDIANEXPRESS