Syllabus
GS Paper 1 – Salient features of Indian Society, Diversity of India, Role of Women and Women’s Organization
Context
Dowry stands as a pertinent social issue, gaining relevance as incidents of violence and fatalities against women continue to escalate, making it imperative for discussion and concerted action.
The Infamous Dowry System
- Dowry, a social evil in Indian society, has led to unimaginable tortures and crimes against women, tarnishing the marital system.
- The dowry system in India involves the bride’s family giving cash, gifts, or other valuables to the bridegroom, his parents, or relatives as a condition for marriage.
- Dowry encompasses various forms, including cash and household items, offered by the bride’s family to the groom’s family.
- The Dowry Prohibition Act of 1961 defines dowry as “any property or valuable security given or agreed to be given directly or indirectly, by one party to a marriage to the other party, or by the parent of either party to a marriage, or by any other person, before or after the marriage.”
- Dowry is a pervasive issue that has resulted in legal measures, such as the Dowry Prohibition Act, to curb its practice and protect the rights of women in marriage.
- The practice of dowry has contributed to the degradation of the Indian marital system, fostering a need for social awareness and change to eliminate this harmful tradition.
History of Dowry in India:
- Vedic Ages Traces:
- Traces of dowry system found in the Vedic Ages.
- The Code of Manu sanctioned dowry and bridewealth, with dowry gaining prestige and associated with the Brahmanic caste.
- Medieval Period Transformation:
- Dowries started as “love gifts” for upper caste marriages.
- Demands for dowries became a precursor for marriages, spreading to lower castes and becoming a prestige issue.
- Evolution of Dowry in Medieval Times:
- Initially, a gift to maintain the bride’s independence after marriage.
- Became rigid, expensive, and transformed into a gift in cash or kind during medieval times.
- British Influence:
- British authority barred women from owning property.
- It became the only legal way to get married during the colonial period.
- Males began to possess gifts given to the bride by her parents.
- British Raj Impact:
- Dowry system made mandatory during British rule, leading to financial strain on the bride’s family.
- Dowry violence emerged as husbands and families used violence to extract money, making women dependent post-marriage.
- Post-Independence Dynamics:
- Dowry became more pronounced after India’s independence in 1947.
- Despite being outlawed in 1961, enforcing the ban remains challenging.
- Contemporary Scenario:
- In recent decades, dowry has evolved into a compulsory demand for money, respect, and subjugation.
- Hinders the growth of Indian society, where women are viewed as a burden on the family.
Let the Statistics Speak
Reference; Statista
- Dowry Prohibition Act, 1961 cases:
- 2018: Recorded 12,826 cases under the Dowry Prohibition Act, 1961.
- 2019: Witnessed an increase to 13,307 reported cases.
- 2020: Saw a decline with 10,366 cases registered.
- Dowry Deaths cases:
- 2018: Documented 7,167 cases of Dowry Deaths.
- 2019: Maintained a similar figure with 7,141 reported cases.
- 2020: Showed a slight decrease to 6,966 cases.
- According to Statista, reported dowry death cases in India were nearly 6.8 thousand in 2021, showing a gradual decrease from approximately 8.5 thousand in 2014.
- The statistics highlight a broader effort to address and mitigate the impact of dowry-related issues in the country.
- The combined data underscores a collective effort to tackle the societal challenges associated with dowry, signaling progress towards a more equitable and secure environment for women in India.
Factors Driving the Dowry System:
- Avarice Influence:
- Dowry demands exemplify societal avarice, often extorting funds for the groom’s education and financial stability.
- Demands are shamelessly made, and silence is expected, with threats of withdrawing proposals looming over the bride’s family.
- Societal Hierarchy:
- The patriarchal nature of Indian society, where men are deemed superior, contributes to the dowry system.
- Women are often perceived as second-tier citizens, reinforcing the belief that they are a financial burden.
- Women’s Social Standing:
- The inferior social standing of women in Indian society leads to their acceptance as commodities.
- The dowry system further reinforces the perception that a girl child is a potential drain on family finances.
- Lack of Formal Education:
- The absence of formal education contributes to the prevalence of the dowry system.
- Keeping women from schools, due to superstitions or the belief that educated girls are less eligible as good wives, exacerbates the issue.
- Conformity to Customs:
- Indians value traditions highly and tend not to question customs.
- Blindly adhering to traditions, such as providing dowry, becomes ingrained in the societal fabric.
- Religious Mandates:
- Religious constraints on marriage customs, especially regarding the suitability of the groom, contribute to the dowry problem.
- This includes restrictions on inter-religious marriages, limiting the number of suitable matches.
- Societal Restraints:
- Caste systems and social status impose further constraints on marriage, encouraging practices like caste endogamy and clan exogamy.
- Preferred matches often have to belong to the same caste and have the same or higher social standings.
- Desire for Display:
- Dowry becomes a means to showcase social status, measuring one’s worth by the expenses incurred in a daughter’s wedding or the amount of gold given. This perspective justifies the practice of dowry demands.
- Economic Factors:
- Inheritance systems and the bride’s economic status contribute to the dowry system, providing women with theoretical economic and financial security in marriage.
- Social Dynamics:
- The system encourages dowry as a form of pre-mortem inheritance for the bride, possibly stemming from the exclusion of the bride’s family after marriage.
Impact of Dowry System:
- Gender Bias and Devaluation:
- Due to the dowry system, women are often perceived as liabilities, subjected to subjugation and given secondary treatment, especially in education and other amenities.
- Economic Strain on Vulnerable Families:
- Families from economically disadvantaged backgrounds, who send their daughters to work to save for dowry, face financial burdens.
- Injustice towards Girls:
- Dowry places a significant financial burden on the bride’s family, leading to societal views of girl children as potential drains on family finances. This contributes to practices like female infanticide and marginalization of girls in education.
- Many Women Remain Unmarried:
- Despite education and professional competence, numerous girls remain unmarried as their parents cannot fulfill the demand for pre-marriage dowry.
- Objectification of Women:
- The contemporary dowry system functions as an investment by the bride’s family, treating women as commodities and objects for financial gain.
- Violence against Women:
- Dowry demands continue after marriage, often resulting in verbal abuse, domestic violence, and tragic deaths. Continuous physical and mental torture can lead to depression and suicide.
- Loss of Self-esteem in Women:
- Dowry perpetuates a sense of inferiority in women, impacting their self-worth and contributing to their subjugation.
- Additional Insights:
- The dowry system also results in gender-based discrimination right from birth, leading to practices such as female foeticide and infanticide.
- Violence against women, including dowry-related deaths, has been on the rise, posing a significant threat to the safety and well-being of women.
- Gender imbalance and declining social status contribute to a challenging environment for women, impacting their opportunities and quality of life.
Legal Provisions and Governmental Interventions
- Legal Framework:
- The Dowry Prohibition Act, 1961, and the Indian Penal Code (IPC) comprehensively address the issue of dowry. No current plans exist to amend the Act further.
- State Jurisdiction:
- ‘Police’ and ‘Public Order’ are State subjects in the Seventh Schedule of the Constitution of India.
- State Government Responsibility:
- The primary responsibility for maintaining law and order, protecting citizens, and handling investigations related to crimes against women lies with individual State Governments.
- Dowry Prohibition Act, 1961:
- Explicitly prohibits and penalizes the giving or taking of dowry to safeguard women from dowry harassment.
- Domestic Violence Act, 2005:
- Incorporates dowry harassment under domestic violence, providing remedies such as protection orders and residential orders.
- Ministry’s Awareness Initiatives:
- Periodic awareness exercises by the Ministry aim to ensure the safety and security of women.
- Government Institutions’ Efforts:
- The government, through institutions like the National Commission for Women and State Women Commissions, conducts seminars, workshops, and initiatives to raise awareness about the detriments of the dowry system and educate the public about relevant legal provisions.
- Major Judicial Interventions:
- Vishaka vs State of Rajasthan (1997):
- Emphasizes the need for both legal measures and a societal shift in attitudes towards women to combat the social evil of dowry.
- Call for Legal Strengthening:
- Supreme Court requests the Law Commission of India to reevaluate and strengthen existing laws against dowry, seeking enhanced legal measures.
- Presumption of Dowry Death:
- Recent Supreme Court ruling establishes that dowry death can be presumed if the wife experienced harassment, both mentally and physically, shortly before her death in the marital home.
- Vishaka vs State of Rajasthan (1997):
The Way Forward
- Legal Measures:
- Implementation of the Dowry Prohibition Act, 1961, penalizing both giving and taking dowry.
- Strict enforcement of anti-dowry laws.
- Need for systemic changes ensuring zero-tolerance for offenders.
- Social Awareness:
- Widespread awareness campaigns against the dowry system.
- Campaigns to educate people about legal provisions against dowry.
- Promotion of the importance of educating girl children.
- Women’s Education and Independence:
- Emphasis on education for girls to empower them.
- Encouragement for women to strive for self-dependence.
- Changing the perception of marriage as the sole salvation for women.
- Mindset Overhaul:
- Transformation of existing mindsets regarding women’s capabilities.
- Promotion of the idea that women are equally capable in today’s society.
- Political Limitations and Social Solutions:
- Acknowledgment of limitations in solving social problems through political solutions.
- Emphasis on carrying the philosophy behind laws further.
- Creating Social Stigma:
- Making accepting dowry a social stigma.
- Addressing all generations to raise awareness about the dowry system’s ill effects.
- Multi-Stakeholder Approach:
- Gender-disaggregated data analysis to address gender inequality.
- Initiatives for gender parity, including shared domestic responsibilities.
- Education programs on women’s rights in local communities.
- Police and Judicial Reforms:
- Strict enforcement of Supreme Court directions regarding arrests.
- Training for investigating officers on arrest-related principles.
- Punishment for wrongdoers and safeguards against misuse of dowry-related provisions.
- Community Engagement:
- Engaging with local communities for awareness and education.
- Development of education programs focusing on women’s rights.
References:
Practice Question
Discuss the effectiveness of existing legal provisions, such as the Dowry Prohibition Act and sections of the Indian Penal provisions, in curbing the dowry system. What reforms could enhance their enforcement?