marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

Dowry A dowry is a payment, such as property or money, paid by the bride's family to the groom or his family at the time of marriage. Dowry contrasts with the related concepts of bride price and dower. While bride price or bride service is a payment ...

Urdu Urdu (;"Urdu"
'' The dowry system can put great financial burden on the bride's family. In some cases, the dowry system leads to crime against women, ranging from

emotional abuse Emotions are mental states brought on by neurophysiological changes, variously associated with thoughts, feelings, behavioral responses, and a degree of pleasure or displeasure. There is currently no scientific consensus on a definition ...

and injury to even deaths. The payment of dowry has long been prohibited under specific Indian laws including the Dowry Prohibition Act 1961 approved by the Parliament of India and subsequently by Sections 304B and 498A of the

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...

. The Dowry Prohibition Act 1961 defines dowry: "Dowry means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party in marriage to the other party in marriage; or (b) by the parents of either party to a marriage or by any other person to either party to marriage or to any other persons;at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal law applies." A court judgement clarifies the legal definition of dowry as Article 3 of the Dowry Prohibition Act, 1961 specifies that the penalty for giving or taking dowry does not apply to presents that are given at the time of a marriage to the bride or groom is when no demand for them has been made. Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. The practice of dowry deaths and murders continues to take place unchecked in many parts of India, which has further added to the concerns of enforcement. Section 498A of the

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...

required the groom and his family to be automatically arrested if a wife complains of dowry

harassment Harassment covers a wide range of behaviors of offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in terms of social and moral ...

. The law was widely abused, and in 2014, the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

ruled that arrests cannot be made without a magistrate's approval.

Historical context

Wedding Procession- Bride Under a Canopy LACMA 37

The history of dowry in

South Asia South Asia is the southern subregion of Asia, which is defined in both geographical and ethno-cultural terms. The region consists of the countries of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka.;;;;; ...

is not clear. Some scholars believe dowry was practised in antiquity, but some do not. The traces of the dowry system in India can be found in the

Vedic Age The Vedic period, or the Vedic age (), is the period in the late Bronze Age and early Iron Age of the history of India when the Vedic literature, including the Vedas (ca. 1300–900 BCE), was composed in the northern Indian subcontinent, b ...

where it is common for upper caste Hindus. * The Code of Manu sanctioned dowry and bridewealth in ancient India, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste. * Dowrie s originally started as “love gifts” for the marriages of upper caste individuals, but during the medieval period, the demands for dowries became a precursor for marriage.

Michael Witzel Michael Witzel (born July 18, 1943) is a German-American philologist, comparative mythologist and Indologist. Witzel is the Wales Professor of Sanskrit at Harvard University and the editor of the Harvard Oriental Series (volumes 50–80). Witz ...

claims the ancient Indian literature suggests dowry practices were not significant during the Vedic period. Witzel also notes that women in ancient India had property inheritance rights either by appointment or when they had no brothers. The findings of MacDonell and Keith are similar to Witzel, and differ from Tambiah; they cite ancient Indian literature suggesting bridewealth was paid even in

brahma Brahma ( sa, ब्रह्मा, Brahmā) is a Hindu god, referred to as "the Creator" within the Trimurti, the trinity of supreme divinity that includes Vishnu, and Shiva.Jan Gonda (1969)The Hindu Trinity Anthropos, Bd 63/64, H 1/2, pp ...

- and daiva-types of marriage. Dowry was not infrequent when the girl suffered from some bodily defect. Property rights for women increased in ancient India, suggest MacDonell and Keith, over the Puranas. Kane claims ancient literature suggests

bridewealth Bride price, bride-dowry ( Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride do ...

was paid only in the

asura Asuras (Sanskrit: असुर) are a class of beings in Indic religions. They are described as power-seeking clans related to the more benevolent Devas (also known as Suras) in Hinduism. In its Buddhist context, the word is sometimes translated ...

-type of marriage that was considered reprehensible and forbidden by Manu and other ancient Indian scribes. Lochtefeld suggests that religious duties listed by Manu and others, such as 'the bride be richly adorned to celebrate marriage' were ceremonial dress and jewelry along with gifts that were her property, not property demanded by or meant for the groom; Lochtefeld further notes that bridal adornment is not currently considered as dowry in most people's mind. One of these are the eyewitness records from

Alexander the Great Alexander III of Macedon ( grc, Ἀλέξανδρος, Alexandros; 20/21 July 356 BC – 10/11 June 323 BC), commonly known as Alexander the Great, was a king of the ancient Greek kingdom of Macedon. He succeeded his father Philip II to ...

conquest (''ca''. 300 BC) as recorded by Arrian and Megasthenes. Arrian first book mentions a lack of dowry, Arrian's second book similarly notes, The two sources suggest dowry was absent, or infrequent enough to be noticed by Arrian. About 1200 years after Arrian's visit, another eyewitness scholar visited India named

Abū Rayḥān al-Bīrūnī Abu Rayhan Muhammad ibn Ahmad al-Biruni (973 – after 1050) commonly known as al-Biruni, was a Khwarazmian Iranian in scholar and polymath during the Islamic Golden Age. He has been called variously the "founder of Indology", "Father of ...

, also known as Al-Biruni, or Alberonius in Latin. Al-Biruni was an Islamic era Persian scholar who went and lived in India for 16 years from 1017 CE. He translated many Indian texts into

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

, as well as wrote a memoir on Indian culture and life he observed. Al-Biruni claimed, Al-Biruni further claims that a daughter, in 11th century India, had legal right to inherit from her father, but only a fourth part of her brother. The daughter took this inheritance amount with her when she married, claimed Al-Biruni, and she had no rights to income from her parents after her marriage or to any additional inheritance after her father's death. If her father died before her marriage, her guardian would first pay off her father's debt, then allocate a fourth of the remaining wealth to her upkeep until she is ready to marry, and then give the rest to her to take with her into her married life.

Causes of the dowry

Various reasons have been suggested as cause of dowry practice in India. These include economic factors and social factors.

Economic factors

There are many

economic An economy is an area of the production, distribution and trade, as well as consumption of goods and services. In general, it is defined as a social domain that emphasize the practices, discourses, and material expressions associated with th ...

factors that contribute towards the system of dowry. Some of these include

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...

systems and the bride's economic status. Some suggestions point to economics and weak legal institutions on inheritance place women in disadvantage, with inheritances being left only to sons. This leaves women dependent upon their husbands and in-laws, who keep the dowry when she marries. Prior to 1956, including during the

British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was him ...

, daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal legal status to daughters and sons among

Hindu Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...

,

Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism, Sikhism (Sikhi), a Monotheism, monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Gu ...

and

Jain Jainism ( ), also known as Jain Dharma, is an Indian religion. Jainism traces its spiritual ideas and history through the succession of twenty-four tirthankaras (supreme preachers of ''Dharma''), with the first in the current time cycle being ...

families, under the Hindu Succession Act (India grants its Muslim population the

Sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

derived personal status laws). Despite the new inheritance law, dowry has continued as a process whereby parental property is distributed to a daughter at her marriage by a social process, rather than after parents death by a slow court supervised process under Hindu Succession Act (1956). Dowry gave, at least in theory, women economic and financial security in their marriage in the form of movable goods. This helped prevent family wealth break-up and provided security to the bride at the same time. This system can also be used as a premortem inheritance, as once a woman is presented with movable gifts, she may be cut off from the family estate. For many, dowry has become a greater financial burden on the family, and can leave families destitute based on the demands from the groom. The demand for dowry has increased over time.

Social factors

The structure and kinship of marriage in parts of

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

contributes to dowry. In the north, marriage usually follows a patrilocal (lives with husband's family) system, where the bride is a non-related member of the family. This system encourages dowry perhaps due to the exclusion of the bride's family after marriage as a form of premortem

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...

for the bride. In the south, marriage is more often conducted within the bride's family, for example with close relatives or cross-cousins, and in a closer physical distance to her family. In addition, brides may have the ability to inherit land, which makes her more valuable in the marriage, decreasing the chance of dowry over the

bride price Bride price, bride-dowry ( Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...

system. In addition to marriage customs that may influence dowry, social customs or

rituals A ritual is a sequence of activities involving gestures, words, actions, or objects, performed according to a set sequence. Rituals may be prescribed by the traditions of a community, including a religious community. Rituals are characterized, b ...

, and parents' expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of people are changing about dowry, dowry continues to prevail. In a 1980 study conducted by Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents likely expected dowry. While India has been making progress for

women's rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countri ...

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

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

.

Religious factors

Dowry in India is not limited to any specific religion. It is widespread among

Hindus Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...

and other religions. For example, Indian

Muslims Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...

call dowry as ''jahez'', justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The ''jahez'' often far exceeds the cost of the '' baraat'' and marriage parties. The ''jahez'' is separate from cash payment as '' Mahr'' or dower that Sharia religious law requires.

Dowry in the modern era

Dowry had been a prevalent practice in India's modern era and in this context, it can be in the form of a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. There are variations on dowry prevalence based on geography and

class Class or The Class may refer to: Common uses not otherwise categorized * Class (biology), a taxonomic rank * Class (knowledge representation), a collection of individuals or objects * Class (philosophy), an analytical concept used differently ...

. States in the north are more likely to participate in the dowry system among all classes, and dowry is more likely to be in the form of material and movable goods. In the south, the

bride price Bride price, bride-dowry ( Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...

system is more prevalent, and is more often in the form of land, or other inheritance goods. This system is tied to the social structure of

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

, which keeps marriage inside or close to family relations. Dowry also varies by economic strata in India. Upper-class families are more likely to engage in the dowry system than the lower class. This could be in part due to women's economic exclusion from the labor market in upper classes. When dowry evolved in the

Vedic period The Vedic period, or the Vedic age (), is the period in the late Bronze Age and early Iron Age of the history of India when the Vedic literature, including the Vedas (ca. 1300–900 BCE), was composed in the northern Indian subcontinent, betwe ...

, it was essentially followed by the upper castes to benefit the bride, who was unable to inherit property under Hindu law. To counter this, the bride's family provided the groom with dowry which would be registered in the bride's name. This dowry was seen as ''stridhan'' (

Sanskrit Sanskrit (; attributively , ; nominally , , ) is a classical language belonging to the Indo-Aryan languages, Indo-Aryan branch of the Indo-European languages. It arose in South Asia after its predecessor languages had Trans-cultural diffusion ...

: woman's property). Also, an important distinction is the fact that while the upper castes practised dowry, the lower castes practised bride price to compensate her family for the loss of income. In the modern era, the concept of dowry has evolved and Indian families no longer practise the dowry. This is because with the passage of time,

bride price Bride price, bride-dowry ( Mahr in Islam), bride-wealth, or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dow ...

gradually disappeared and dowry became the prevalent form of transfer. In the modern era, the practice of dowry requires the bride's family to transfer goods to the groom's family in consideration for the marriage. Since marriages in India are a time for big celebrations in each family, they tend to be very lavish. Accordingly, Indian weddings usually involve considerable expenditure and accompanying wedding presents from relatives in both sides of the family. This is normal expenditure which is done willingly and varies from one family to another depending on the wealth, status, etc. Many times, as part of this mutual 'give-and-take', an attempt is made by the groom's family to dictate the quantum of each gift along with specific demands for dowry. In such circumstances, there is an element of exerting coercion on the bride's family and this is what has come to be recognized as the menace of dowry in today's times. Dowry does not refer to the voluntary presents which are made to the bride and the groom; rather it is what is extracted from the bride or her parents.

Types of dowry crimes

Recently married women can be a target for dowry related violence because she is tied economically and socially to her new husband. In some cases, dowry is used as a threat or hostage type situation, in order to extract more property from the bride's family. This can be seen in new brides, who are most vulnerable in the situation. Dowry crimes can occur with the threat or occurrence of violence, so that the bride's family is left with no choice but to give more dowry to protect their daughter. The northern and eastern states of

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

show higher rates of dowry-related violence. Dowry is considered a major contributor towards observed violence against women in India. Some of these offences include physical violence, emotional abuses, and even murder of brides and young girls prior to marriage. The predominant types of dowry crimes relate to cruelty (which includes torture and harassment), domestic violence (including physical, emotional and

sexual assault Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...

), abetment to suicide and dowry death (including, issues of

bride burning Bride burning is a form of domestic violence practiced in countries located on or around the Indian subcontinent. A category of dowry death, bride-burning occurs when a young woman is murdered by her husband or his family for her family's ref ...

and

murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

).

Fraud

A 2005 Canadian documentary film, ''

Runaway Grooms ''Runaway Grooms'' is a Canadian documentary film, directed by Ali Kazimi and released in 2005. An examination of the dowry system in India, the film explores the phenomenon of Indo-Canadian men who fraudulently return to India ostensibly seeking w ...

'', exposed a phenomenon of

Indo-Canadian Indian Canadians are Canadians who have ancestry from India. The terms ''Indo-Canadian'' or ''East Indian'' are sometimes used to avoid confusion with the Indigenous Peoples of Canada. Categorically, Indian Canadians comprise a subgroup of S ...

men taking advantage of the dowry system. These men would fraudulently return to

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

ostensibly seeking a new bride, but then abandon the woman and return to Canada without her as soon as they had secured possession of her dowry.

Cruelty

Cruelty Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve ...

in the form of torture or harassment of a woman with the objective of forcing her to meet a demand for property or valuable security is a form of dowry crime. The cruelty could be in the form of verbal attacks or may be accompanied by beating or harassment in order to force the woman or her family to yield to dowry demands. In many instances, the cruelty may even force the woman to commit

suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...

and it has been specifically criminalized by the anti-dowry laws in

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

.

Domestic violence

Domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for '' intimate partn ...

includes a broad spectrum of abusive and threatening behavior which includes physical, emotional, economic and

sexual violence Sexual violence is any sexual act or attempt to obtain a sexual act by violence or coercion, act to traffic a person, or act directed against a person's sexuality, regardless of the relationship to the victim.World Health Organization., World re ...

as well as intimidation, isolation and coercion. There are laws like the

Protection of Women from Domestic Violence Act, 2005 The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on ...

that help to reduce domestic violence and to protect

women's rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countri ...

.

Abetment to suicide

Continuing abuse by the husband and his family with threats of harm could lead to a woman committing

suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...

. In such situations, the dowry crime even extends to abetment of suicide, which includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide. The impact of dowry can leave a woman helpless and desperate, which can cumulate in emotional trauma and abuse. Dowry related abuse causes emotional trauma, depression and suicide. The offence of abetment to suicide is significant because in many cases, the accused persons often bring up a defense that the victim committed

suicide Suicide is the act of intentionally causing one's own death. Mental disorders (including depression, bipolar disorder, schizophrenia, personality disorders, anxiety disorders), physical disorders (such as chronic fatigue syndrome), and ...

at her own volition, even though this may not be true in reality.

Dowry murder

Dowry deaths Dowry deaths are deaths of married women who are murdered or driven to suicide over disputes about dowry. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran.. Around 87,000 women were killed around the world last year a ...

and dowry murder relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family. Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide by hanging herself or consuming poison. Dowry deaths also include

bride burning Bride burning is a form of domestic violence practiced in countries located on or around the Indian subcontinent. A category of dowry death, bride-burning occurs when a young woman is murdered by her husband or his family for her family's ref ...

where brides are doused in kerosene and set ablaze by the husband or his family. Sometimes, due to their abetment to commit suicide, the bride may end up setting herself on fire. Bride burnings are often disguised as accidents or suicide attempts. Bride burnings are the most common forms of dowry deaths for a wide range of reasons like kerosene being inexpensive, there being insufficient evidence after the murder and low chances of survival rate. Apart from bride burning, there are some instances of poisoning,

strangulation Strangling is compression of the neck that may lead to unconsciousness or death by causing an increasingly hypoxic state in the brain. Fatal strangling typically occurs in cases of violence, accidents, and is one of two main ways that hangin ...

,

acid attacks An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another "with the intention to disfigure, maim, tortu ...

, etc., as a result of which brides are murdered by the groom's family. India, with its large population, reports the highest number of dowry related deaths in the world according t
Indian National Crime Record Bureau
In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

.Crime statistics in India
, Government of India (2011)

Laws against dowry

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

extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...

and violence against the wife. To further strengthen the anti-dowry law and to stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law – section 498A to

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...

and section 198A to the

Criminal Procedure Code Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...

in 1983. In 2005, the Protection of Women from Domestic Violence Act was passed, which added an additional layer of protection from dowry harassment. Although the changes in Indian criminal law reflect a serious effort by legislators to put an end to dowry-related crimes, and although they have been in effect for many years now, they have been largely criticised as being ineffective.

Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain states. This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage. The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made. The Act provides the penalty for directly or indirectly demanding dowry and provides for a penalty involving a prison term of not less than 6 months and extendable up to two years along with a fine of ₹10,000. Dowry agreements are void ''

ab initio ''Ab initio'' ( ) is a Latin term meaning "from the beginning" and is derived from the Latin ''ab'' ("from") + ''initio'', ablative singular of ''initium'' ("beginning"). Etymology Circa 1600, from Latin, literally "from the beginning", from ab ...

'' and if any dowry is received by anyone other than the woman, it should be transferred to the woman. The burden of proving that an offense was not committed is on the persons charged and not on the victim or her family. Under its powers to frame rules for carrying out its objectives under the Act, the government of India has framed the Maintenance of Lists of Presents to the Bride and the Bridegroom Rules, 1985. There are also several state level amendments to the Dowry Prohibition Act.

Criminal statutes – Indian Penal Code, Criminal Procedure Code and Evidence Act

The Indian criminal laws were comprehensively amended to include dowry as a punishable offence. Section 304B was added to the

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...

, 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death. Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand. Section 304B IPC along with Section 113B of the Evidence Act have enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961. Section 113A of the Evidence Act provides a similar presumption of abetment of suicide (which is an offense under Section 306 IPC), in case of death of a married woman within a period of seven years of her marriage. Additionally, the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

also includes a

murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

charge under Section 302 IPC as this allows courts to impose

death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...

on perpetrators of the offence. Section 406 IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment. The constitutionality of Section 498A was challenged before the

Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...

on grounds of abuse, that it gave arbitrary power to the police and the court. However, it was upheld in ''Sushil Kumar Sharma v. Union of India (2005).'' The

Code of Criminal Procedure, 1973 In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communicatio ...

provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance only when it receives a report of the facts from the police or upon a complaint being made by the victim or her family.

Protection of Women from Domestic Violence Act, 2005

The

Protection of Women from Domestic Violence Act, 2005 The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on ...

("Domestic Violence Act") was passed in order to provide a civil law remedy for the protection of women from domestic violence in India. The Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and sexual abuse and forms a subset of the anti-dowry laws to the extent it is one of the reasons for domestic violence. Section 3 of the Domestic Violence Act specifically incorporates all forms of harassment, injury and harms inflicted to coerce a woman to meet an unlawful demand for dowry. Some of the common remedies under the Domestic Violence Act include: * protection orders – prohibiting a person from committing domestic violence; * residence orders – dispossessing such person from a shared household; * custody orders – granting custody of a child; and * compensation orders – directing payment of compensation.

International conventions

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

is a party to several international human rights instruments which provide theoretical remedies to the dowry problems. These international conventions include the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...

("UDHR"),

International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fre ...

("ICCPR"), the

International Covenant on Economic, Social, and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...

("ICESCR"), the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW"), and the Convention on the Rights of the Child ("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-related violence: the rights of women. However, there are issues of non-intervention and

cultural relativism Cultural relativism is the idea that a person's beliefs and practices should be understood based on that person's own culture. Proponents of cultural relativism also tend to argue that the norms and values of one culture should not be evaluated ...

which impede the use of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

to combat dowry deaths.

Criticisms of the Dowry Laws

Misuse

There is growing criticism that the dowry laws are often bein
misused
particularly the section 498A of the

Indian Penal Code The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...

which is observed by many in India as being prone to misuse because of mechanical arrests by the police. According to th
National Crime Records Bureau
statistics, in 2012, nearly 200,000 people including 47,951 women, were arrested in regard to dowry offences. However, only 15% of the accused were convicted. In many cases of 498a, huge amounts of dowry are claimed without any valid reasoning. A rickshaw puller's wife can allege that she gave crores of money as dowry and since it is a cognizable case, police are bound to register the case. And in most cases, the capacity of the wife or her parents and the source of the funds are never tracked. In 2005, Section 498A IPC was upheld by the

Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...

when it was challenged. In 2010, the Supreme Court spoke about the misuse of anti-dowry laws in ''Preeti Gupta & Another v. State of Jharkhand & Another'' and more detailed investigation was recommended. Following the observations of the Supreme Court

Indian parliament The Parliament of India (IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of t ...

set up a committee headed by Bhagat Singh Koshyari. In July 2014, in the case of '' Arnesh Kumar v. State of Bihar & Anr.'', a two-judge bench of the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

reviewed the enforcement of section 41(1)(A) of CrPC which instructs state of following certain procedure before arrest, and went on to observe that the 498A had become a powerful weapon in the hands of disgruntled wives where innocent people were arrested without any evidence due to non-bailable and cognizable nature of the law. The decision received criticism from feminists because it weakened the negotiating power of women. Others welcomed the decision as landmark judgment to uphold the

human right Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...

s of innocent people. An organization called the

Save Indian Family Foundation Save Indian Family Foundation (SIFF) is a men's rights group in India. It is a registered, non-funded, non-profit, non-governmental organization (NGO) and works with various like-minded NGOs in India. History Founded in 2005, SIFF is an ...

was founded to combat abuses of IPC 498a. On 19 April 2015, the Indian government sought to introduce a bill to amend Section 498A IPC based on the suggestions of the Law Commission and Justice Malimath committee on reforms of

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...

. News reports indicate that the proposed amendment will make the offence compoundable and this would facilitate couples to settle their disputes.

Nisha Sharma Lawsuit

The Nisha Sharma dowry case was an anti-dowry lawsuit in India. It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. The case got much coverage from Indian and international media. Nisha Sharma was portrayed as a youth icon and a role model for other women. However, it was later found that the Nisha had fabricated the charges to wiggle out of the wedding, and in 2012 all accused were acquitted.

Ineffectiveness

Although Indian laws against dowries have been in effect for decades, they have been largely criticised as being ineffective. Despite the Indian government's efforts, the practice of dowry deaths and murders continues to take place unchecked in many parts of India and this has further added to the concerns of enforcement. There is criticism by women's groups that India's dowry harassment laws are ineffective because the statutes are too vague, the police and the courts do not enforce the laws and social mores keep women subservient and docile, giving them a subordinate status in the society. Further, many women are afraid to implicate their husbands in a dowry crime simply because the Indian society is viewed as having conditioned women to anticipate or expect abuse and in some sense eventually, endure it. While the laws give great powers, they are not effectively enforced by the police or by courts. It can take up to 10 years for a case to go to court and even once in court, husbands and in-laws end up getting away with extortion or even murder because the women and their families cannot prove ' beyond reasonable doubt' that they are the victims of such crimes, as there are rarely any outside

witnesses In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...

.

References

* "Dowry & Inheritance" edited by Smt. Basu, Women Unlimited & Kali for Women, New Delhi 2005. {{Social issues in India Marriage in India Social issues in India

Historical context

Causes of the dowry

Economic factors

Social factors

Religious factors

Dowry in the modern era

Types of dowry crimes

Fraud

Cruelty

Domestic violence

Abetment to suicide

Dowry murder

Laws against dowry

Dowry Prohibition Act, 1961

Criminal statutes – Indian Penal Code, Criminal Procedure Code and Evidence Act

Protection of Women from Domestic Violence Act, 2005

International conventions

Criticisms of the Dowry Laws

Misuse

Nisha Sharma Lawsuit

Ineffectiveness

See also

References