1. Introduction

Dowry system which is deeply ingrained in Indian society, has long been a social issue that has shaped the dynamics of marriages. Despite various legal measures and social campaigns aimed at eliminating it, the practice persists, highlighting the complex interplay between tradition, social economic factors and changing societal norms.

Dowry is the payment in cash or kind provided by the brides family to the bridegrooms family. Kanyadanan is an important part of Hindu wedding ceremonies. Dana means gift and Kanya means daughter. Dowry began in upper caste families as the brides familys wedding gift to her. The dowry was later given to help with wedding expenses and act as insurance in case her in-laws mistreated her. Although dowry was made illegal in 1961, it remains highly institutionalized. The groom frequently demands an immense amount of money, farm animals, furniture, and electronics as dowry. For some castes, the dowry system has evolved into a business. The brides family is becoming burdened by the dowry system. Many times, if the demand for the boys side is not met, the marriage is called off. As a result of this failure, the event was cancelled. As we can see in our Asian countries, dowry is becoming more important for the grooms side, particularly in countries like India

Definition of dowry in law

Section.2 of Dowry prohibition act as- Dowry means any property or valuable security given or agreed to be given either directly or indirectly:

1. By one party to a marriage to the other party to the marriage; or

2. By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person; at or before or a after the marriage as consideration for the marriage of said parties but does not include dower or Mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.[1]

2. History of dowry

The dowry system existed before the British period and Indian colonization. Dowry was not considered money or a fee that the Brides parents had to pay back then. One of the primary functions of dowry was to provide protection for the wife against mistreatment by her husband and his family. Dowry also assisted the bride and groom in establishing a life together after marriage.

However, when British authority was established, women were barred from owning any property. Women were not allowed to buy real estate, land, or assets. As a result, men began to own all of the Gifts given to the Bride by her parents.

During the British Raj, the dowry system was made mandatory, putting enormous financial strain on the brides family. Dowry violence has become a prominent feature that can still be seen today. The husband or his family resorts to violence to obtain money from the brides family as a gift. This system causes women to become dependent on their husbands or in-laws after marriage.Dowry was regarded to be more valuable and was associated with the Brahmanic caste, whereas bride wealth was associated with the lower caste. Dowry was referred to in ancient texts as Yuatraka, which means avaricious gift that confirms the union of two people. The girl in the marriage was given after paying the Sulka price. Dowry has been practiced since the Vedic period, with gifts from parents and relatives recognized as womens wealth known as Stridhan. Lord Cornwallis brought about the privatization of land in 1793, which was uncommon in India. During this time, the British strictly prohibited women from owning any land or property. This was the era when parents used to give money to the bride during her wedding, and because the British prohibited women from owning any kind of wealth, the money she received from her parents now belongs to her husband. The husband began abusing his right to the wifes wealth. And here, the concept of dowry took a turn and turned a consideration for nuptials, which meant that the bride had to bring wealth as desired by her in-laws family as an element of her marriage.

3. Causes of dowry

• Greed:- Dowry demands are frequently an example of societys collective greed. Extortion in the name of social standing, compensation for the grooms education costs, and his financial stability are crucial components of Indian marriages. Demands are made freely and are expected to be met with silence. Threats of withdrawing the proposal loom over the brides familys head at the risk of losing face in the community, and portions of the agreed-upon sum are frequently demanded prior to the ceremony.
• Societal structure: -The dowry system is largely an indication of the patriarchal nature of Indian society, in which men are considered superior to women in terms of physical and mental abilities. In the context of such societal structure, women are frequently regarded as second-class citizens, fit only for domesticated roles. Such perceptions are frequently associated with them being treated as a financial burden, initial by the father followed by by the husband. This feeling is made worse by the dowry system, which provides the belief that a girl child is a potential drain on family finances.
• Womens Social Status: The inferior social standing of women in Indian society is so deeply embedded in the nations psyche that their treatment as mere commodities is accepted without question, not only by the family, but also by the women themselves. When marriage is considered as the pinnacle of female achievement, evil practices such as dowry become deeply ingrained in society.
• Illiteracy:-Another reason for the dowry systems prevalence is illiteracy. A large number of women are purposefully kept out of schools, either due to superstitions or the belief that educating girls will jeopardize their ability to be good wives.
• Desire to Prove Oneself : In our country, dowry is frequently used to demonstrate ones social standing. Ones social standing is frequently determined by how much money one spends on their daughters wedding or how much gold they give them. This viewpoint strongly supports the practice of dowry demands. The boys family rises to new social heights as a result of the amount of dowry their new bride brings in, which is an indicator of how desirable their boy was in the marriage market.

4. Effects of dowry system

• Injustice against women: - Dowry imposes a significant financial burden on the brides family. As a result, a girl child is viewed as a potential drain on the familys finances, and ultimately an onus. This viewpoint grows to gigantic proportions in the form of infanticides and feticides against female children.
• Violence against women: -The husbands family is constantly making demands since they see the girls family as a never-ending source of finances. Inability on the part of the girls family often ends in verbal abuse, domestic violence, and even death.
• Gender inequality: -The idea of paying dowry to get a girl married establishes an increased sense of gender inequality, with men being superior to women. Young girls are barred from attending school while their brothers are allowed to attend. They are regarded as incompetent for roles other than housework and are frequently discouraged from working. Their opinions are frequently suppressed, undervalued, or ignored.
• The decline of self- worth in women: - In a country where women have been treated poorly for centuries, it is difficult to maintain an elevated level of self-esteem if you are a woman. Naturally, women are bound by the notion that they are incapable of offering any contributions to society. Their self-esteem decreases and they are increasingly subjected to injustice.

5. Laws related to dowry

Dowry Prohibition Act, 1961

Penalty for giving and taking dowry (section 3)- If any person, after the commencement of this Act, Gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a Term which shall not be less than [five years, and with fine which shall not be less than fifteen thousand Rupees or the amount of the value of such dowry, whichever is more].[2]

Penalty for demanding dowry (section 4)- If any person demands, directly or indirectly, from the parents Or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be Punishable with imprisonment for a term which shall not be less than six months, but which may extend To two years and with fine which may extend to ten thousand rupees.

Ban on advertisement (section 4-A)- If any person(a) offers, through any advertisement in any newspaper, periodical, journal or through any other Media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative,

(b) prints or publishes or circulates any advertisement referred to in clause (a), He shall be punishable with imprisonment for a term which shall not be less than six months, but which May extend to five years, or with fine which may extend to fifteen thousand rupees

Indian Penal Code,1860

• Dowry death(Section 304 B)- where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of a 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 , such death shall be called dowry death and such husband or relative shall be deemed to have caused her death. [3]
• Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than 7 years but which may extend to imprisonment for life.

Husband or relative of husband subjecting women to cruelty (section498-A)-

Whoever being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for the term which may extend to three years and shall also be liable to fine.

Indian Evidence Act,1872

(Section 113B)- Presumption as to dowry death- When The question is whether a person has Committed the dowry death of a woman and it Is shown that soon before her death such Woman has been subjected by such person to Cruelty or harassment for, or in connection With, any demand for dowry, the Court shall Presume that such person had caused the Dowry death.[4]

6. Some cases related to Dowry

• In Arjun Dhondiba Kamble v. State of Maharashtra,[5] the court held that where the demand for property or valuable security has no connection with the consideration for the marriage, it will not amount to a demand for dowry.
• In Rajeev v. Ram Kishan Jaiswal[6], the court held that any property given by parents of the bride need not be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry.
• In Bhoora Singh v. State[7], it was held that the husband and in-laws subjected the wife the cruelty for bringing insufficient dowry and finally burnt her down, thereby inviting a sentence of three years rigorous imprisonment and a fine of Rs.500/- for an offence committed under section 498-A of Indian Penal Code.

Citation

1) The Dowry Prohibition Act,1961( Act 28 of 1961), s.2.

2) The Dowry Prohibition Act,1961( Act 28 of 1961), ss.3,4.

3) The Indian Penal Code, 1860( Act 45 of 1860),ss. 304B,498A.

4) The Indian Evidence Act,1872( Act 1 of 1872) , s.113B.

5) AIR 1995 HC 273

6) 1994 Cri LJ NOC 255 All

7) 1993 Cri. LJ 2636 All