1.Analysis of risk factors of dowry death--a south Indian study.

Abstract :Dowry deaths in the newly married brides are a burning problem of southern India. The objective of the
current study was to identify the risk groups. This prospective study was carried out on 140 cases. Results
revealed that majority of the victims (83%) were young aged between 18 and 26 years, childless (65.7%) and
mostly died within 4 years of marriage (77.2%). About 80% of the victims were illiterates (53%), house wives of
rural background (62.9%) and from middle socio-economic group (81%). Husband alone or along with in laws
(75%) and joint family (85%) were mainly responsible for death. The common causes of death implicated are
hanging, burning and poisoning. Mostly the place of occurrence was in-laws house. Suicidal deaths accounted in
57% and the rest being homicide. At the end some potential risk factors and their remedial measures suggested.

 2. Evils of Dowry System in India: Introduction: The dowry system is the worst of all evils in Indian Society.
The word ‘dowry’ means the property and money that a bride brings to her husband’s house at the time of her
marriage. It is a practice which is widespread in the Indian society in one form or the other. At the beginning it
was voluntary, but later on the social pressure was such that only some could escape from it.

The Evils of Dowry System in India: The dowry at present is a source of both joy and curse in the society. It is
also a joy to the husband and his relatives who get cash, jewellery, costly dress, utensil and furniture. But is a
curse to the bride and her parents who have to bear gigantic cost to satisfy the irrational demands of the family of
the boy. It is a matter of immense regret that societies which were earlier free from dowry are gradually falling
prey to it. If the demands for dowry ended with conclusion of marriage, there might have been some room for
relief. But it is a sad experience for many that the demands of dowry are extended towards the bride’s parents
even after the marriage of their daughter. She is sent to her parental home to bring more cash, ornaments, etc.
as dowry. If she returns without dowry, cruel treatment or torture waits for her. When more pressure is put on the
bride’s parents, their dear daughter has no other option but to commit suicide to evade more insult and torture at
the hands of the members of her husband’s family.

Solution: It is our moral duty, social obligation and legal right to fight against the dowry system. The evils of
dowry system must be removed at any cost. At public pressure the Government has enacted certain anti- dowry
laws but these have not produced the desired results. The effort of the people in society need to act rationally, if
they want this evil is to be removed. The lofty expenditure of the marriage ceremony must be cut down. Women
must be trained since girlhood that their life is not hopeless without marriage. They should be encouraged to
have higher education. Their age of marriage should be raised. They should be encouraged to enter into various
fields of paid jobs, as their higher economic status also discourages demands for dowry. The practice of mass
marriage should be encouraged for the sake of economy.

S A C RE D H E A RT S E MI N A R Y தததததததததDowry a Social Challenge

Acknowledgment

After having completed the strenuous job of writing this dissertation my heart is so glad and it
over flows with gratitude first and foremost, I thank the almighty God for being at my side and
showering His blessing upon me. I can really feel in the corner of my heart singing in gratitude to
my moderator, Rev.Fr. Mathew Kalathungal, professor of St. Peter’s Pontifical Institute who in
spite of his busy schedule spent long hours in correcting my manuscript and supported me with his
timely guidance, cheerfulness and encouragement to complete my work successfully. I specially
thank from the depth of my hearth Mr. Rayappa for his ceaseless patience and kindness to
computerize the whole work. I also thank Bro. Sebastian Alexander who helped me a lot to
correct the foot notes and Bibliography. My special thanks to my beloved Bros. ArunSanthosh, Arul
Rozario, Edison Chinnappan, Sebastian Alexander, Deivanayagam, Maria Susai, Jesuraj, Selvin
and for their valuable suggestion to complete this work in time. Last but not least I thank the
members of the library and staff for providing the necessary sources and for all the help and
guidance given to me in order to fulfill my duties.

Arul Sebastian A.
St. Peter’s Pontifical Institute,
Malleswaram,
Bangalore.
 General Introduction
Women as a part of the human species have somehow remained as endangered species
all over the world and more so in India where they are even defied as ' Devis'. There are chances
that a female life may be snuffed out even before she is born as a girl child. There are also
chances that she may be dumped or abandoned after she is born. Generally, the life for the female
child is neither easy nor welcome even after surviving the above two major hurdles in her life
span. Later in life the female child is also likely to become the target of other forms of assaults.
There are ever increasing chances of a girl child falling a victim to infant rape or other forms of
molestation which are sometimes perpetrated by the very persons who should have normally
protected her or come to her rescue. Among the few burning topics in the modern social sciences,
which are acrimoniously discussed, analyzed, and debated throughout the length and breadth of
our country is one relating to the status, position and protection of woman in her matrimonial
home. It is indeed true to assert that both man and woman constitute the basic unit of the
matrimonial home and, therefore, of the family and the society. The matrimonial home not only
constitutes the fabric of society, but is an important unit of its progress, civilization and culture.
Violence means the use of force against somebody, while women create human being, the violence
distress them and violence against women is simply the destruction of creators. Violence against
women, in different biological and psychological forms, has remained in practice, since thousands
of years in India. Of all the problems faced by the women in our society, Dowry becomes first and
firmest as ā social challenge. Because though the other problems like Rape, Child marriage,
Murder and Kidnapping are happening in the society, they will not affect as strong as the Dowry
system has its influence. This work Dowry a Social Challenge is divide in three chapters. In the
first chapter I have portrayed the meaning, definition, origin, and reason of dowry. Dowry is
derived from the ancient Hindu customs of “Kanyadan” and “Sridhan”. While dealing about the
origin of dowry, in the beginning marriage was done by exchange, and then by service then
presents and then return present. The return present later was called dowry. The main reason why
people give and take dowry is because of social customs, tradition, security and caste system.The
second chapter deals about the evil effects of the dowry system. Here I have divided four sub-
titles namely, Problems of the Parents, Problems of the girls, Problems of the married women and
the other problems. In the Problems of the parents, parents have the problems of emotional
disturbances, psychological and social maladjustment economic straits adopting social corruption
of foul means of earning and hard work. Female infanticide, abortion after determining sex of
fetus, more labour burden, immorality, suicide and affinal relations are the Problems of the girls.
The married women have the problems of family conflicts, conjugal disharmony, lowering of
women’s status, dowry death, ill treatment and humiliation. Child marriages and unequal
marriages are the other problems.The third chapter deals about the measures to eradicate the
dowry system. Here I have portrayed the measures taken by the Government namely, penalty for
giving and taking dowry, ban on advertisement, punishment for taking dowry. And also I have
given some measures to eradicate this social evil namely, establishment of separate courts,
women’s awareness, legal literacy, change of society and inter caste marriage.

CHAPTER ONE : CAUSES FOR DOWRY: Introduction - The practice of giving a dowry or a gift to a woman at
marriage is said to have its origins in the system of "streedhan" (women's share of parental wealth
given to her at the time of her marriage).As a woman had no right to inherit a share of the
ancestral property streedhan was seen as a way by which the family ensured that she had access
to some of its wealth. There is no clear proof as to when this practice was first started in India.
What began as gifts of land to a woman as her inheritance in an essentially agricultural economy
today has degenerated into gifts of gold, clothes, consumer durables and large sums of cash,
which has sometimes entailed the impoverishment and heavy indebtedness of poor families. The
dowry is often used by the receiving families for business purposes, family member's education, or
the dowry to be given for the husband's sister. The transaction of dowry often does not end with
the actual wedding ceremony as the family is expected to continue to give gifts.
 1.1 Meaning of Dowry : Dowry in the payment in cash or and kind by the bride’s family to the
bridegroom’s family along with the giving away of the pride in Indian marriage. “The Indian term
for Dowry is called as Kanyadaan it is an important part of Hindu marital rites. Kanya means
daughter, and Dana means gift. Dowry is derived from the ancient Hindu customs of “Kanyadan”
and “Sridhan”. In “Kanyadan” the father of the bride offers the father of the groom money or
property, etc. Whereas for “Sridhan”, the bride herself gets jewelry and cloths at the time of her
marriage usually from her relatives or friends”
1.1.1 Stridhan: According to the Smritikar, the stridhan constituted those properties which she
received by way of gift from her relations which included mostly property (though sometimes a
house, or a piece of land was also given in gift), such as ornaments, jewellery and dresses. The
gift made to her by strangers at the time of the ceremony of marriage (before the nuptial fire) or
at thee time of bridal procession also constituted her stridhan. Among the Commentators and
Digest – writers, there is a divergence of opinion as to what items of property constitute stridhan
and what do not. Vijnaneshwara commenting on the words, “and the like” in Yajnavalkya’s text
expanded the meaning of stridhan by including proprieties obtained by inheritance, purchase,
partition, seizure and finding. (This expansion was not accepted by the Privy Council which
resulted in the emergence of the concept of women’s estate.) Jimutavahana gave a different
enumeration of Stridhan, so did the sub – schools of the Mitakshara.[2] Whether the property is
stridhan or woman’s estate mostly depends upon the source from which it has been obtained.

1.1.1.1 Gift and Bequests from Relations: From the early time this has been a recognized head of the
stridhan. Such gifts may be made to woman, during maidenhood, coverture or widowhood, by her
parents and their relations, or by the husband and his relations. Such gifts may be made inter
vivos or by will. The property coming under this head was technically known as Stridhan.[3]

1.1.1.2 Gifts and Bequests from Strangers: Property given by gift vivos or by will by strangers (i.e.…,
other than relations) to a woman, during maidenhood or widowhood, constituted her stridhan.
The same is the position of gifts given to a woman by strangers before the nuptial fire or at the
bridal procession. Property given to a woman by a gift inter vivos or bequeathed to her by
strangers during coverture is stridhan according to the Bombay, the Benaras and Madrasschools,
but not according to the Mithila and the Dayabhaga schools. The position before 1956 was that
the gifts received from strangers during covertures were stridhan, but these
were during her husband’s lifetime under the husband’s control. On his death, these became her
full fledge Stridhan.[4]

1.1.1.3 Property Acquired by Self-Exertion and Mechanical Arts: A woman may acquire property at any
stage of her life by her own self-exertion, such as by manual labour, by employment, by singing,
dancing etc., or by any mechanical art. According to all schools of Hindu law, the property thus
acquired during widowhood or maidenhood is her stridhan. But the property thus acquired during
coverture does not constitute her stridhan according to the Mithila and Bengal School, but
according to rest of the schools it is stridhan. Again, during the husband’s life-time it is subject to
his control.[5]

1.1.1.4 Property Purchased with Stridhan :In all schools of Hindu law it is a well settled law that the
properties purchased with stridhan or with the savings of stridhan, as well as all accumulations and
saving of the income of Stridhan constitute Stridhan.[6]
1.1.1.5 Property Acquired by Compromise: When a person acquires property under a compromise, what
estate he will take in it, depends upon the compromise deed. In Hindu law there is no
presumption that a woman who obtains property under a compromise takes it as a limited estate.
Property obtained by a woman under a compromise where she gives up her right to her stridhan
will be stridhan. When she obtains some property under a family arrangement, whether she gets
it as stridhan or woman’s estate will depend upon the terms of the family arrangement.[7]
1.1.1.6 Property Obtained by Adverse Possession: In all schools of Hindu law it is a settled
law that any property that a woman acquires at any stage of her life by adverse possession is her
Stridhan. [8]
1.1.1.7 Property Obtained in Lieu of Maintenance : Under all schools of Hindu law the payments made to
Hindu female in lump sum or periodically for her maintenance, and all the arrears of such
maintenances constitute her stridhan. Similarly, all movable and immovable properties transferred
to her by way of an absolute gift in lieu of maintenances constitute her Stridhan.[9]
1.1.1.8 Property Obtained by Inheritance: A Hindu female may inherit property from a male, or a
female. She may inherit it from her parents’ side or from husband’s side. The Mitakshara
considered all inherited property as stridhan. But the Privy Council in a series of decisions held
such property as woman’s estate. In one set of cases, the Privy Council held that property
inherited by a female from males; it’s not her stridhan but women’s estate. In another set of
cases, it took the same view in respect of property inherited from females. This is the law all the
schools except the Bombay schools. According to the Bombay school, the property inherited by a
woman from females, is her Stridhan.[10]

1.2 Definition: Oxford Dictionary Defines as

“(1) Money and for property that, in some societies, a wife or her family must pay to her
husbanded when they get married.

(2)Money and or properly that, in some societies, a husband must pay to his wife’s family
when they get married”

1.2.2 The Prohibition of Dowry Act 1961:

The Prohibition of Dowry Act 1961 Defines Dowry as, :“Any property or valuable security
given, or offered to be given, either directly or indirectly (a) by one party to a marriage to the
other party to the marriage, or (b) by the parents of either party to the marriage or by any other
person to either party to the marriage as consideration for the marriage of the said parties.” [11]

1.2.3. The Committee on the Status of Women: The Committee on the Status of Women Defines as “What is
given to the bride, and often settled before hand and announced openly or discreetly.
The gift though given to the bride may not be regarded exclusively her property.
What is given to the bridegroom before and at the time of marriage.

What is presented to the in-laws of the girl”

1.3. Origin of Dowry : The system of dowry prevalent in India is not of a recent origin. This social evil
has plagued the society since ancient times. Even the kings of the early age encouraged the
dowry system, a preoccupation of kings and of the very rich who could indulge in luxurious
display. Fairy kingdoms and wealth which could only be measured in terms of golden chariots and
palaces full of jewels went with a beloved daughter to her new home. In the beginning there was
no word for dowry in the marriage system. In the early marriage system some considerations
were made to be offered to the father or other relatives of the bride, “either in the form of the
exchange of pride for bride, or of service, or of the giving of property of some kind or other”[12]

1.3.1 Marriage by Exchange:The early marriage system was in the form of marriage by
exchange. For example “if in each of two families there is an unmarried son and an
unmarried daughter, they frequently arrange a mutual double marriage without any
payments” [13]
1.3.2 Marriage by Service: “In some community the bride groom will go and live with the
family of his future spouse for a certain time during which he works as a servant. The
period of service varies greatly among different peoples. Some times he has to serve
after his marriage until a child in born.”[14] The period of service is unintended to test
the young man’s ability to work and to show whether he is an acceptable husband and
son-in-law.
1.3.3 Marriage by Present:In some communities there is no exchange or service for getting
marries, but the bridegroom will “offer a small present to his future father-in-law, who
is return, gives his objects which remain her personal property.”[15]
1.3.4 Marriage by Return Present: When the bride groom announces his approaching marriage
to his father, the latter takes one or more valuables to the bride’s family, but “after this
the bride’s father gives a return present, probably of the same kind and value, and also
an equivalent amount of food.”[16] The price for a bride varies according to the wealth of
the interested parties and the accomplishments of the bride, but whatever the sum paid,
the father of the girl must make a return present equal to one-half the value of the
marriage gift “so that he does not sell his daughter like a slave.”[17] “The return gift may
take the shape of a dowry given to the bride by her father or parents or other relatives
but also directly or indirectly benefiting her husband. The dowry of then consists of
some food, clothes, ornaments, household goods, other objects or a certain number of
domestic animals.[18]
1.3.4 Women as a Prize: Here woman was coveted as a trophy of war, fought for and acquired
as evidence of superior power. The trace of this heritage is loudly dramatized even these days
when we find a North Indian bridegroom dressed in fineries rides a white mare, usually not his
own, swaggering a borrowed sword, proceeds to the bride’s house with his assembled retinue
making loud noises of crackers or gun fires and simulating an assault at the bride’s house and then
he is accorded a warm welcome and given the hand of a maiden. The conquering party is treated
with great respect, is given presents and is well fed before the bridegroom strides back home to be
received as an honoured hero who has won a war and earned a trophy. It was probably thereafter
that the women came to be won by proving skill or strength set as tests by the bride’s people.
Lord Ram Chandra proved his strength by breaking Lord Shiva’s unbreakable bow.

1.3.5 Morning GiftsMorning gifts, which might also be arranged by the bride's father rather than
the bride, are given to the bride herself; the name derives from the Germanic tribal custom of
giving them the morning after the wedding night. She might have control of this morning gift
during the lifetime of her husband, but is entitled to it when widowed. If the amount of her
inheritance is settled by law rather than agreement, it may be called dower.Depending on legal
systems and the exact arrangement, she may not be entitled to dispose of it after her death, and
may lose the property if she remarries. Morning gifts were preserved for many centuries
in morganatic marriage, a union where the wife's inferior social status was held to prohibit her
children from inheriting a noble's titles or estates. In this case, the morning gift would support the
wife and children. Another legal provision for widowhood was jointure, in which property, often
land, would be held in joint tenancy, so that it would automatically go to the widow on her
husband's death.[19]

1.4. Reasons for Dowry: 1.4.1. Social Custom and Tradition :Custom in anthropology and sociology is a way of
thinking or acting that is characteristic of a group of people. Customs influence the way people
dress, eat, and in general behave; they may take on the force of moral or statute laws. The
social custom and tradition is one of the reasons for Dowry. There is a feeling that practicing
customs generates and strengthens solidarity and cohesiveness among people. “Many people give
and take dowry only because their parents and ancestors had been practicing it.”[20]

1.4. 2. Security: “Dowry is the bride’s parents gifts of love to ensure that she is provided for financially
when she lefts her parental home.”[21] In a materialistic society, there are constant pressures on
individuals and families for having more and more money not only to provide more comfort to
themselves and family members, but also to have some future security.[22]

1.4.3. Gift: Gift is a voluntary transfer of property from one person to another During the
time of marriage the friends and the family members will provide some valuable things
as a remembrance of them. “The prevalence of dowry system is mentioned by Jayasi,
Tulsidas and Surdas and some foreign travelers make mention of it also. In rich and
royal families gifts used to be given to sons-in-law at the time of marriage. Sita,
DrayupadiSubhadra and Ultra brought rich presents including horses, elephants, cow,
jeweler, chariots, servants, maids when they proceeded to their husband’s home after
marriage.”[23]
1.4.5. Pressures of the Caste System:Caste is largely static, exclusive social class membership I
which is determined by birth and involves particular customary restrictions and
privileged. Among Hindus, marriage, in the same caste and sub caste has been
prescribed by the social and religious practices with the result that choice of selecting a
mate is always restricted. “This results in the paucity of young boys who have high
salaried jobs or promising career in the profession. They become ‘scare commodities’
and their parents demand high amount of money from the girl’s parents to accept her as
their daughter - in – laws as if girls are chattel for which the bargain has to be
made.”[25]
1.4.6. Rising of Prices:The pressure for larger dowries is due to “ the general rise in prices
and the current obsession with gold and silver ,the prices of which are rising almost
every day”[26] When the groom’s family sees the situation of the economy they are
tempted to demand dowry from the Bride’s family in order to face economic crises
1.4.7. Income to Groom’s Family: The parents will give the best education to their sons in order
to get good Bride. But while getting marriage settlement they will ask dowry, because
“parents who spend a sizable part of their earning in educating their sons regard them
as investments to yield returns; they expect to realize the first and fattest dividend at
their son’s marriage”.
1.4.8. Hypergamous Marriage System:Besides endogamy, we have also the analoma
{hypergamous} system of marriage according to which a girl belonging to a lower caste
can be married in a higher caste. When boys belonging to the higher castes marry girls
of the lower castes, they demand high dowry. A person often pays a huge amount of
dowry to get a son-in-law from a higher level in the hierarchy.According to Kapadia “The
practice of hypergamous castes, brought in its train problems of no mean significance.
The main concern of the man is found in many of these hypergamous castes, to have
been the exploitation of women and her people economically. Every parent desired his
daughter to be married into the highest social group to keep up or to add to his prestige,
and this made him acquiesce in these abuses . When a number of offers were made to a
single person he naturally insisted on his terms and bride groom price would go on
swelling.”
1.4.9. Vicious Circle:In the society it is customary that the parents will arrange marriage to
their daughter first and then to their sons. But in some family first the marriage of girls
will not take place .Because of the dowry, they will wait for the marriage of their sons. “
Dowries brought by sons help the parents to utilize a part of them in their daughter’s
marriage.” “An individual who may be against the dowry system is compelled to accept
fifty to sixty thousand rupees in cash in dowry only because he has to spend an equal
amount in his sister’s or daughter’s marriage. The vicious circle starts and the amount of
dowry go on increasing till it assumes a scandalous.”
1.4.10. False Notion of Social Status: A few people give more dowries just to exhibit their high
social and economic status. “Janis and Rajputs for example spend lakhs of rupees in the
marriage of their daughters just to show their higher status or keep their prestige in the
society even if they have to borrow money.”
1.4.11. Caste System : Dowry system is related to the caste system, as it is paid in order to
marry a girl to a boy of the same caste of. It is manly practiced among the higher caste
of the girls family .Because when the girl is married to another caste’s boy means it is
considered as prestige problems. In order to prevent from that the bride’s family will
offer dowry as much as they can so that the bride groom of the same caste will marry
the bride.
1.4.12. Desire of the Girls Parent: It is the desire of the girl’s parent that “she should live
happily with her husband and in-laws and so they think of rich family even if they have
to give heavy dowry. The aim of the bride’s family is that though they are poor their
daughter should not lead the same life. So they are tempted to give heavy dowry to their
daughter, so that she is married by the rich person.
1.4.13. Greediness of the Parents of the Boy:Greedy means that wanting more money, power, food
etc, than one really needs. In some families when they arrange marriage for their son
they will demand dowry to make easy money, because if the bride’s family is unable to
give the dowry which is demanded by the bridegroom’s family, they will leave the bride
and try to get another girl.
1.4.14. Other Reasons
1 Dowry is given on parental feelings concern or sense of obligation, so as not to send daughter
with empty handed. 2 Women’s craze for the gold–ornaments is also one of the causes of dowry
transactions, a fast and easy way to get these ornaments through dowry. 3 The black money and
unaccounted earnings of the rich class. 4 Dowry is a means of giving the daughter her share in the
father’s property.[35]
1.5. Dowry in Historical Aspects: The system of dowry prevalent in India is not of a recent origin. This
social evil has plagued the society since ancient times. Bride price and dowry have been the
member of the same family, often going hand in hand wherever giving and taking are involved in a
marriage transaction.
1.5.1. Dowry in Ancient Time:“Dowry system is connected with the conception of marriage as dana or
gifts. A religions gift in kind is usually accompanied by a gift in cash or gold. Dowry system did
not start as an impediment to a daughter’s marriage in ancient time.”[36] Even the ancient
scriptures approved of wealth given to a bride at the time of her wedding. “It was her parents’ gift
of love to ensure that she was provided for financially when she left her parental home.”[37]Earliest
references to dowry show that “it was mainly a preoccupation of kings and of the very rich who
could indulge in luxurious display. Fairy kingdoms and wealth which could only be measured in
terms of golden chariots and palaces full of Jewels went with a beloved daughter to her new
home.”[38]The dowry was a part of the ritual of kanyadan which was very different from modern
dowry. It seems that the dowry system, as it is practised today, was unknown in early periods.
“It was only in the aristocratic and royal families that gifts were given to the bridegroom at the
time of marriage.”
1.5.2. Dowry in Medieval Time:In the ancient time the dowry was not forced to give. But it was given by
the bride’s family to show their love and concern. But in the medieval time, the bride’s family was
forced to give dowry because of the bridegroom’s family expectation and completion. M.N.Srinivas
points out that “The richer and higher strata of people in the second quarte of the twentieth
century paid huge sums by way of dowry to obtain desirable grooms.[40]“In medieval times the
dowry system comes into vogue because of pre – puberty marriages. To secure a desirable
match, the father of the girl often offered attractive incentives to the prospective son – in – law to
persuade him to accept his daughter within pre – puberty period. Then the religious concept of
‘Kanyadana’ also helped the rise of this custom. Later ‘Kanyadana’ became associated with
‘Vardakshina’, i.e. the cash or gift in kind by parents or guardian of the bride to bridegroom. So
when a bride is given over to the bridegroom, he has to be given something in cash or kind which
contributes Vardakshina. Since, the daughter was denied the right of inheritance, the
phenomenon also led to rigidity of custom of dowry among propertied class.”
1.5.3. Dowry in Present Time:Today marriage has become an occasion to demand and a chance to
accumulate. Boys are shamelessly and openly sold in the marriage market. “The rate of dowry
varies from caste to caste and mostly depends upon the groom’s accomplishments, family status
and other attainments such as education, employment, wealth, or other material acquisitions.” In
this ugly market of marriage, a cut throat completion goes on and dump girls are being freely
traded as chattels or cattles. Today the greedy men marry the refrigerators, video sets, scooter,
and car etc., the bride being the dowry. Almost thought the length and breadth of the country the
dowry negotiations have become direct and open. Today, every bit of consumer goods can be
turned into dowry whether it is T. V. set, radios, watches, household furniture and even a car. The
front pages of some of our most prestigious dailies carry advertisements for sarees, shawls, wrist
watches, T.V. Video set and so on as a part of girls dowry. If bridegroom’s family fancies them, a
son’s marriage is the time to acquire the demand open or clandestine ranges from a two-wheeler
to anything under the sky.“In number of cases, the bridegroom and his family shamelessly present
list of things which they want at times haggle with bride’s parents to get maximum amount of
money and costly gifts as dowry.[43] Today marriage has become a stepping stone to acquire
more wealth and social status. There is no other social institution which has been commercialized
as marriage.
1.6. Dowry System in Various Religion
1.6.1. Dowry in Hinduism:Dowry system was generally unknown in early Hindu society. In
rich and royal families some gifts were given to the bridegroom at the time of marriage.
“Atharvaveda once incidentally refers to royal recognized eight forms of marriage, GL
Brahma, Daiva, Arsha, Prajapatya which were approved forms and Asura, Gandharva,
Rakshasa and Pistachio which were unapproved forms.” It is only in the Brahma form of
marriage which was peculiar to upper-class (The people with property) that marriage
meant the gift of daughter with some ornaments and articles the father of the bride
could accord to a most suited groom learned in Veda and of good conduct, which he
voluntarily invited and respectfully received.However, these presents can hardly be
called dowries, for they were voluntarily made after marriage out of pure affection and
presented no impediment in the settlement of daughter’s marriage. In Vedic period,
dowries were given by parents, to attract suitable bridegroom for their daughters. But
During Epic age, dowry was recognized as women’s property, (stridhan). It included all
types of gifts from parents, brothers and relations. The Hindu Law also recognized the
right of women over this property. But now it has underdone a great change. It is
considered as the bridegroom’s price by which a father buys a husband for her
daughter. Educational development has enhanced this system.”[46] Dowry has always
been, and conceptually and essentially that property which is obtained under duress,
coercion, or pressure. It is that property which is extorted from the father or guardian
of the bride by the bridegroom or his parents or other relations. Among Hindus it is that
“property which is extracted by the bridegroom from his bride or more particularly from
her parents or guardian. Thus dowry is not present made to the bride and bridegroom.
The distinction between the two is that dowry is essentially a property which is
extracted or extracted from the bride of her parents, while presents are those properties
which are voluntarily and willingly given.”
Conclusion:Though in the beginning the word Dowry was not used in the marriages, gifts were
exchanged as a symbol of love, prestige. The Indian term for Dowry is Stridhan which means that
the bride herself gets jewelry and cloths at the time of her marriage. People used to give and take
dowry due to social custom, traditions, and pressures of the caste system. Dowry system did not
start as an impediment to a daughter’s marriage in ancient time. But in the medieval time the
bride’s family was forced to give dowry because of the bridegroom’s family expectation and
compulsion. Today almost throughout the length and breadth of the country the dowry
negotiations have become direct and open.

CHAPTER TWO :EVIL EFFECTS OF DOWRY :Introduction : The dowry system no doubt served some useful
purposes for the families involved and the society. It provided an occasion for people to boost
their self esteem through feasts and displays of material objects, to make alliances with the
families of similar status, to help prevent the breakup of family property, to get a better match for
daughter, and to furnish their daughter with some kind of social and economic security. Yet the
dowry system has some effects on the society as well as to the individual. “Some people insist
that “the dowry system is a social evil and an intolerable burden to many brides’ families. Social
reformers, politicians and educators vehemently condemn the custom of dowry payments as an
unhealthy feature.”[54] This chapter is an attempt to illustrate some of the evil effects of dowry
system. The problems of the dowry can be divided in to four kinds namely: Problems of the
Parents, Problems of the Girls, Problems of the Married Women, and Other Problems.

2.1 Problems of the parents : 2.1.1 Emotional Disturbances, Psychological and Social Maladjustment of Parents

The institution of dowry may have been useful in days gone but by these days it is nothing but a
blot on the canvas of India’s social life. At one time, dowry used to be ‘accepted’ by the grooms
party but now it has become to the ‘demanded’. The result is that “from the day of the birth of the
girl, the problem of dowry haunts the minds of the parents. And if by misfortune, a man has three
or four daughters; his whole life is passed in solving only one problem how to arrange the
marriage of his daughters.”[55] This leads to emotional disturbances, psychological and social
maladjustments.

2.1.2 Economic Straits:The dowry system was forced upon the society in the olden days as a
means of equitable distribution of wealth, with the intention of creating some sort of
socialistic pattern. But it has developed the wrong way and has become a menace to
society as a whole, particularly to the middle class who live from hand to mouth.
“Whatever they earn, they spend on maintaining the family standard in providing the
necessities of family, educating children, and meeting various social obligations. The
result is that to marry their daughters, they have to borrow money, especially when
huge demands are made by the boy’s side. This incurred debt is passed on from
generation to generation which ultimately ruins the family economically.”[56] It is not
only the girl’s parents who feel the economic repercussion of this evil, but the boy’s
parents too suffer virtual impoverishment because of dowry. When they demand money
in alarming proportion, they have also to spend much to keep up their standard and
their social prestige. In many cases, the parents of the boy may not be actually in a
position to spend much but to keep up the false show; they have to arrange for money.

2.2 Problems of the Girls

2.2.1 Female Infanticide In many families, “birth of a daughter was regarded as a curse till
18th century and there were cases when daughters born in the family were put to
death.”[59] “During the British period the practice of female infanticide was prohibited
regarding it as in-human under Female Infanticide prevention Act 1870.”[60] The social
evil of dowry further enlarged the incidents of female infanticide particularly in middle
class families. “Since it was impossible to determine the fetus sex there is no alternative
in a poor or middle class family except to kill the daughter in infancy.” [61]
2.2.2 Abortion after Determining Sex of Fetus Abortion is the termination of a pregnancy by loss or
destruction of a fertilized egg, or fetus before birth. “The Medical Termination of
Pregnancy Act, 1971 legally permitted abortion if the life or physical or mental health of
the woman is in danger or it is in the interest of health of the women or the child
born”[62] The invention of determination of sex of fetus has increased the incidents of
abortion or medical termination of pregnancy, when it is determined that the fetus is of
a female, without considering the psychological effect or physical health of
“Amniocentesis”. In India, the middle or middle high class families are under going the
process of the determination of sex, of the coming child so that risk of the child born as
female child can be avoided. “This has become a normal feature because of the fact that
practice of going and taking of dowry has increased enormously.”[63]
2.2.3Illiteracy : “In international usage, literacy is defined as the ability both read and to write at
least a simple message: illiteracy, conversely, is the lack of such ability.” “Many people think that
it is wastage of time and money to give education to their girls. Parents have negative attitudes
towards the girl’s education.” In a study by P. Singh, A. Singh and SumanLata (2008) it was stated
that only three girls attended school out five girls and three boys attended school out of four boys.

2.2.4 More Labour Burden: “Since parents are not able to arrange sufficient amount of money
for dowry, they will allow their daughters and sisters to take up a job and earn some
money to be utilized at the time of their marriage.”[64] The girls are asked to leave their
schooling and forced to work. As they do not have sufficient learning they will not be
given white-collar jobs instead they will be given all kinds of works with less amount of
salary.
2.2.5 Immorality: When the girls join to work in order to get money, are quite nature. Their
youth, the spirit of vigour, and above all sex appetite break the barriers of their so-
called modesty when these originally innocent girls come into contact with boys who
work with them in offices, educational institutions, firms and companies etc. “The false
promises by these boys of a bright future will mislead the girls, and thus misguided,
they sometimes become morally wrecks. It is easy for a boy to escape from the dangers
of loose sex-morality but it is difficult for a girl to hide her shame, particularly when she
becomes pregnant.”[65]
2.2.6 Psychological Suppression of the Girls: The boy accepts a girl who belongs to a well off
family, highly educated, in service, and earns. His likings do not end here. He also
wants a girl whose parents can pay him much at the time of marriage. This evil has
taken colossal shape in the modern times. “There are cases where the girl is highly
educated, cultured, homely, and accomplished, but not accepted as a wife only because
her parents are not able to give much.”[66] “The fiancé and the fiancée write letters to
each other, marriage date has been fixed, but when all of a sudden the boy gets a better
offer from a rich family, the engagement is broken. This gives a shock to the parents as
well as to the girl.”[67]
2.2.7 Suicide: Suicide is an act whose primary aim is the intentional and deliberate taking of
one’s own life. “Suicides are of two types: conventional and personal. The first type
occurs as a result of tradition and the force of public opinion. Thus, among some
tradition – ruled peoples, when certain situation arise, suicide is inexorably demanded.
The second type suicide is more typical of modern times, when people depend less on
custom ad convention solve their problems than on individual decisions.” “Dowry
system is a great pernicious evil. It will draw many girls to suicide, to save their parents
from economic drudgery.”[69] When the engagement is broken due to dowry the girl
begins to live in the society with a sense of insecurity, develops on inferiority complex,
and remains emotionally suppressed. “She feels herself to be a burden on her parents
and sometimes in that gloom and mental weariness is prone to commit suicide.”[70]

2.3 Problems of the Married Women

2.3.1 Family Conflicts: Dowry system leads to family conflicts. When a mother-in-law does
not get dowry to her satisfaction, she maltreats her daughter-in-law and abuses her
father, mother and relatives. “The emotional shock on the part of the girl and the
authoritarian personality of mother-in-law will lead to family conflicts.”[72]
2.3.2 Conjugal Disharmony :
Dowry dominates the sense of conjugal disharmony in the affluent and middle class section of
the society. It effects the marital relations in a sizeable proportion of married couples. This is
mainly so because “the present day youths most unscrupulously threaten their wives with
desertion if they do not bring enough dowry from their parents.”[73] This social evil of dowry is the
major cause of break –down of marriages

2.3.3 Lowering of Women’s Status Dowry system impoverishes those who pay dowry and degrades those
who receive it. Moreover, it lowers the status of women. The boy used to think of himself a
dignified individual and views the girl as a subjugated entity with an inferior and degraded status.
“As every marriage brings a substantial sum, one would naturally be tempted to contract a second
and a third marriage just for its monetary utility.”[74] Though such marriages are not usual yet
they do exist. This affects the status of the first wife as Love, affection and feeling of care her
husband bears for her is reduced. “At parents’ house she is treated as a burden or liability and in
the matrimonial home, the dowry she brings is more important than her person. This evil has
produced adverse effects on women’s status in the matrimonial home, and is the main tool of
exploitation against married women in the matrimonial home. The in-laws of the bride in an
attempt to extract more and more dowry create an atmosphere of harassment and cruelty.”[75]
Generally it is found that a wife coming to the matrimonial home without dowry is subjected to
many humiliations. She as an individual has no utility unless she brings dowry.

2.3.4 Women’s Oppression Dowry is the symbol of woman’s oppression. “She goes into her matrimonial
home bedecked with gold and accompanied by dowry which her parents have bought with their
blood and sweat and thereafter, pushed into a life of subservience”.[76] It gives to man the right
to put a price on her and accept or reject her marriage according to the money and goods she
brings. “The air of superiority of bridegroom and his family thus causes unmeasured grief to girls
and has degraded their position.”[77] The practice of dowry thus not only perpetuates inferior
status of women in their matrimonial home but also become a cause of self-immolation.

2.3.5 Dowry Death The dowry prohibition Act.1986 introduced a new office, the office of dowry death
by inserting a new section 304-B in the Indian penal code. That section runs:

“Where the death of a women is caused by any burns or body injury or occurs 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, such death shall be called “Dowry
Death”, and such husband or relative shall be deemed to have caused her death”[78] The most
media-sensationalized type of violence against women in India is dowry death. When a woman
marries, her family provides the husbands’ family with gifts. In many instances, the demand for
these gifts, does not end with the marriage but continues, as the husband’s family persists in
making additional dowry demands for years after the wedding. A dowry death is defined as “the
unnatural death of a woman caused by burns or bodily injury occur if it can be shown that the
woman was subjected to cruelty by her husband or her husband’s relatives shortly before death in
connection with a demand for dowry” [79] The problem of husband-to-wife or wife-battering is not
recognized by some scholars as an instance of “animal violence” but it is viewed by them as a
“human welfare” problem. Contrary to this, “the problem of bride-burning or dowry-death is not
considered a private family matter. This problem has been largely recognized by the public, the
intellectual community and the criminal system as a crucial problem of criminal violence.”[80]
According to the Ministry of home Affairs, Govt. of India, it was found that in 2001 – 6851, 2002 –
6822, 2003 – 6208, 2004 – 7026, 2005 – 6787 dowry deaths were occurred. But it is not an exact
data because there are many dowry deaths occurred, which are not registered.”[81] It can be
explained with the help of chart.
 The actual number is certainly larger, as there are many deaths that are not
reported. “Dowry-related violence against women occurs among all subgroups of the population,
the rates are higher among the poor and the lower castes. Alcoholism is also associated with
increase in violence against women.”[82]

2.3.6 Ill-Treatment and Humiliation

Though dowry-death is generally understood to involve the murder of a woman on the dowry
issue in the family of procreation but before the act of killing, several forms of harassment and
humiliation take place against the victim. “The killers in dowry-deaths are brutal and authoritarian
and the murder is only one expression of the offender’s personality maladjustment and
abnormality.” [83] The humiliation generally will start with criticism, followed by familiar scenes-
insults, abuses and demands for more money. Some women used to put up with victimization
because they know that their parents are not in a position to give more and to some other will
think that things will change after the birth of a child.

The methods used in ill treating daughters-in-law are:

(1)Abuses, insults, passing sarcastic remarks, (2) Assaults, (3) Denial of food or starvation, (4)
Prohibiting them from going out and meeting any one, (5) Refusing visits to the parents’ home,
(6) Not permitting them to talk with visitors from the parents’ home, and (7) Locking them up in a
room.”[84] The problem of dowry-death is not and cannot be a uni-causal problem; it is the
product of a complex multi-dimensional process.

2.3.7 Divorce: Divorce is the legal dissolution of marriage. Divorce is distinguished from
annulment, which declares a marriage void from the time of its celebration in some
societies divorce is rare, while in others a permanent union is unusual. In most
societies, public opinion tends to be opposed to divorce, but in a few societies social
pressure serves to undermine the marital relationship. The general public view of most
groups has been that divorce is unfortunate but often necessary.[85] One of the reasons
for divorce will be dowry. When a marriage is fixed some considerable amount will be
given as dowry, by parents of the Bride, or will be asked by the Bridegroom’s family
members. But in many cases the demanding for dowry will also continue after the
marriage. The parents who are able to give will give. But many of the parents are unable
to give the demanded as a result; harassments will take place by the Bridegroom’s
family. The Girl who is not able to get dowry either she will appeal for divorce, or her
parents will appeal for divorce.
2.3.8 Bride Burning
Connected with the evil of dowry system is the cruelty infected on a bride after marriage. Brides
are done to death or driven to late; the phenomenon of dowry death has aroused much public
concern. Newspaper have printed banner headlines, “Bride Burning – A Burning Issue”. “Husband
Held in Dowry case,” “Dowry Death Rally Against Public Apathy,” “Yet Another Dowry Death in the
Capital and the like,”

A number of unfortunate young women in the society died of burning. The cause was mostly
their incapacity to bring the amount of cash or things demanded by their husbands and in – law
during the first few years after their marriage.

The harassment and violence against the bride revolves around the demand for more and more
dowry and it continues till divorce or death of the wife takes place. Since the divorce is put to
ridicule and looked down in the society, therefore, death is preferred. up tension of an acute
degree in the mind of the woman, so that ultimately death becomes the last refuse for her. A
stranger in the family, young and dependent, she may not be able to face the harassment and as
a result may put an end to her life. Young brides and daughter – in – law have become much
prone to fire in wake of intolerable torture and victimization. It is a matter of shame that dowry
deaths have become a day to day phenomenon in the society.

2.4 Other Problems

2.4.1 Child Marriage Dowry demand will also lead to child-marriages. For an educated girl,
the more educated and qualified husband is needed. This necessitates greater dowry.
Thus the parents prefer early marriages than to do so at a later age with higher demand
of dowry.”[86]
2.4.2 Unequal Marriage “Dowry is closely related to the financial position of the parents of
the girl, many people who are poor offer their young daughters to very elderly
persons.” [87] Girls are forced to marry undeserving men, aged persons or with a man
having one or two living wives or with liquour-adicts as no dowry need to be given to
such persons

Conclusion
In parental home daughter is regarded as the trust property of the husband and father
nourishes her life a trustee so as to give her in gift to the bridegroom in order to join the
husband’s family in the matrimonial home. A bride may have hundreds of dreams of her future life
in the matrimonial home and imagine it a heaven to serve the husband and in-laws. Socio-
economic changes have completely tarnished the cultural heritage of the society. The earning of
wealth from fair and foul means created competition of purchasing competent and suitable
grooms. It created un healthy competition of giving and taking dowry. Have we lost our ancestral
culture of worshiping woman in a matrimonial home? Could we not see beyond money and wealth?
Is there no value of virtue, quality and humanity of a note bride entering her matrimonial home?
Do the incidents and occurrence of bride burnings not alarm our human consciousness? If every
human heart becomes firm to eradicate the social evil of giving and taking dowry, it is certain that
we will receive our golden cultural heritage. It is true that a social problem like dowry can not act,
as legal measures along cannot curb dowry problems. What is needed is a change of attitude of
society towards girls and boys. They must be treated and be educated equally. Laws are also
needed to be stringently implemented. The public voluntary organization and the society as a
whole should have to rise against age old evil practice and make an effort to curb this menace.

CHAPTER THREE

VARIOUS MEASURES TO ABOLISH DOWRY SYSTEM

Introduction

With the advent of the British and the impact of the western thought on the Indian sense,
Indian scholars and reformers began to bring about reforms in social values. Raja Ram Mohan
Roy, Keshab Chandra Sen, PanditaRamabai, JotibaPhule, Behramji, Malabai, Ishwar Chandra
Vidyasagar and Mahatma Gandhi were the personalities who took interest in condemning the
dowry system.

Mahatma Gandhi said; “Any young man who makes dowry a condition for marriage
discredits his education and his country and dishonors woman hood. Young men who sail their
fingers with such ill-gotten gold should be excommunicated from society.”[88]

Jawaharlal Nehru appealed to the college girls: “Our marriage laws and many of our out –
of – date customs which hold us back and specially crush our women folk – will you not combat
them and bring them in line with modern conditions?.... I charge you to keep that torch of
freedom burning brightly till it spreads its luster all over this ancient and dearly loved land of
ours.”[89]

3.1 Measures Taken by the Government

An attempt to control dowry through the mechanism of law dated as far back as the ‘Sind
LetiDeti Act, of 1939. The governments in some states like Andhra Pradesh, Kerala, Punjab
and Bihar passed anti – dowry legislations. After independence, “Bihar was the first state to
embark on legal restrictions on dowry by enacting the Bihar Dowry Restraint Act, 1950. In 1958,
the state of Andhra Pradesh enacted local, Dowry Prohibition Act. The enactments of
both Bihar and Andhra Pradesh were later repealed in 1961 by the central Legislation on the
subject. In order to combat this age old practice, the first uniform law enacted by the central
Legislature was the Dowry Prohibition Act, 1961.”[90]

“The Dowry Prohibition Bill was introduced in the LokSabha on April 27, 1959 by the then
law Minister, A.K.Sen. Since the Bill was passed by the LokSabha but rejected twice by the
RajyaSabha, it was referred to the Join select committee of both the Houses. It was ultimately
passed on May 20, 1961. The act permits presents in the form of ornaments, clothes and other
articles not exceeding Rs. 2,000 in value. The Act exempted all Muslims from its provisions while
it brought all other communities within its preview.”[91]

3.1.1 Dowry Prohibition Act, 1961

3.1.1.1 Penalty for Giving or Taking Dowry

"(1) If any person after the commencement of the 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: Provided that the court may, for adequate and
special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of
less than five years.

(2) Nothing in sub – section (1) shall apply to, or in relation to,

(a) Presents which are given at the time of marriage to the bride (without any demand
having been made in that behalf): Provided that such presents are entered in a list maintained in
accordance with the rules made under this Act:

(b) Presents which are given at the time of a marriage to the bridegroom (without any
demand having been made in that behalf):

Provided further that where such presents are made by or on behalf of the bride or any
persons related to the bride, such presents are of a customary nature and the value thereof is not
excessive having regard to the financial status of the persons by whom or on whose behalf such
presents are given.”[92]

3.1.1.2 Penalty for Demanding Dowry

If any person demands, directly or indirectly, from the parents or other relatives or
guardian of 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: Provided that the court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment for a term of less than six months.”[93]

3.1.1.3 Ban on Advertisement

If any Person;

“(a)Offers, through any advertisement in any newspaper, periodical, journal or through

any other media any share in his property or any other 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 advertisements referred to in clause, he shall be

punishable with imprisonment for a terms 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.”[94]

3.1.1.4 Dowry to be for the Benefit of the Wife or her Heirs

(1) Where any dowry is received by any person other than the woman in connection with
whose marriage it is given. That person shall transfer it to the woman.

(a) If the dowry was received before marriage, within three months after the date of
marriage, or
 (b) If the dowry was received at the time of or after the marriage, within three months
after the date of its receipt; or

(c) If the dowry was received when the woman was a minor, within three months after
she attained the age of eighteen years.

And pending such transfer shall hold it in trust for the benefit of the woman.

(2) If any person fails to transfer any property as required by sub – section (1) or as
required by sub – section (3), he shall be punishable within imprisonment for a term which shall
not be less than six months, but which may extend to two years or with fine which shall not be
less than five thousand rupees but which may extend to ten thousand rupees or with both

(3) Where the woman entitled to any property under sub – section (1) dies before
receiving it, the heir of the woman shall be entitled to claim it from the persons holding it for the
time being.

Provided that where such woman dies within seven years of her marriage, otherwise than to
natural causes, such property shall,

(a)If she has no children, be transferred to her parents, or

(b)If she has children, be transferred to such children and pending such transfer, be held
in trust for such children.

(3-A) Where a person convicted under sub – section (2) for failure to transfer any property
as required by sub – section (3) has not, before his conviction under that sub – section,
transferred such property to the woman entitled there to or, as the case may be her heirs, parents
and children, the court shall, in addition to awarding punishment under that sub – section, direct,
by order in writing, that such person shall transfer the property to such woman or, as the case
may be, he heirs, parents and children, within such period as may be specified in the order, and if
such person fails to comply with the direction within the period so specified, an amount equal to
the value of the property may be recovered from his as if it were a fine imposed by such court and
paid to such woman, or, as the case may be, her heirs.[95]

3.1.1.5 Cognizance of Offenses:

“Notwithstanding anything contained in the code of criminal procedure code, 1973.

(a) No court inferior to that of metropolitan magistrate or a judicial magistrate of the first
class shall try any offence under this act.

(b) No court shall take cognizance of an offence under this act except upon-

(1) Its own knowledge or a police report of the facts which constitute such offence, or

(2) A complaint by the person aggrieved by the offence or a parent or other relative of
such person, or by any recognized welfare institution or organization.

(c) It shall be lawful for a metropolitan magistrate or a judicial magistrate of the first class
to pass any sentence authorized by this act on any person convicted of any offence under this
act.”[96]

3.1.1.6 Offences to be Cognizable for Certain Purposes and to be Bilable and Non –
Compoundable

“(1) The code of criminal procedure, 1973 shall apply to offenses under this Act as if they
were cognizable offences-

(a) For the purpose of investigation of such offences: and

(b) For the purpose of Matters other than-

i. Matters referred to in Section 42 of that code; and

ii. The arrest of a person without a warrant or without any order of a Magistrate.

(2) Every offence under this Act shall be non – bail able and non – compoundable.”[97]
 3.1.1.7 Burden of Proof in Certain Cases.

“Where any person is prosecuted for taking or abetting the taking of any dowry under
section 3, or the demanding of dowry under section 4, the burden of proving that he had not
committed an offence under those sections shall be on him.”[98]

3.1.1.8 Dowry prohibition Officer

1. “The state Government may appoint as many Dowry prohibition Officers as it thinks fit and specify
the area in respect of which they shall exercise their jurisdiction and powers under this act.

2. Every Dowry prohibition officers shall exercise and perform the following powers and functions,
namely;

a) to see that the provisions of this Act are complied with;

b) to prevent, as for as possible, the taking or abetting the taking of, or demanding of, dowry;

c) To collect such evidence as may be necessary for the prosecution of persons committing offences
under the Act; and

d) To perform such additional functions as many are assigned to him by the state Government, or as
may be specified in rules made under this Act.”[99]

3.1.1.9 Demand for Dowry – a Criminal Offence of Cruelty

We are noticing several cases of women dying within few years of their marriage is
supercilious and totally inexplicable circumstances. These deaths have come to be known as
‘dowry – deaths’. “When the behavior of the husband and the in – laws may be such that it drives
the woman to commit suicide, such acts are now covered by the offence of cruelty. Similarly,
harassment with intention of coercing the woman or her family to give property to the husband
and his family has been made an offence of cruelty. This is indeed a salutary provision to deter the
husband and his relatives who have been indulging in battering house wives.”[100]

3.2.1 Measures Taken by The State Government

“The act has not been able to scale down the social evil and the practice of demanding
dowry has an acute impact on the society. Considering various cases of harassments by the
husband and the relatives of the husband, the committee suggested for suitable amendments in
the Indian penal code, the code of criminal procedure and the Indian Evidence Act which were
incorporated by the criminal Law (Amendment) Act, 1983.”[101]

3.2.4.2 Inference to be Drawn from the Past Event of Cruelty

As regards the violence towards women, the burden of proof has now shifted from
prosecution to the accursed, by the criminal Law (Second Amendment) Act, 1973, which is a total
departure from fundamental rules of evidence. The guilt of accused is presumed if the death of
woman is caused within seven years of marriage and if cruelty against such a woman at the hands
of the husband is established. However, the accused is at his liberty to prove his innocence,
though he is not entitled to benefit of doubt under the Evidence Act.[114]

By Section 113 – A, the Legislature has channelised and focused the attention of the court
that it can raise a presumption of abetment against the person named therein if it is shown that a
woman had committed suicide within a period of seven years from the data of her marriage when
proved that they had subjected her to cruelty of the kind mentioned in Section 498 – A of the
Penal Code.[115]

The Andhra Pradesh High Court speaking through Justice Radhakrishna Rao observed
that:

“the construction of Section 113 – A clearly discloses that if a cruelty within the meaning of
Section 498 – A I.P.C., committed on a married woman drives her to commit suicide or do cause
grave injury or danger to life, limb or health, the persons guilty of such willful conduct is liable for
punishment. The act of suicide or causing grave injury or danger to her life is meant as a result of
the past events. The court after considering the finding further observed that in such cases the
deterrent sentence is called for and thus found husband and mother – in – law liable to conviction
under Section 498 – A I.P.C.”[116]
3.3 Some Measures for Eradication of the Evil

3.3.1To Bring About Rapprochement

“What is needed is marriage counselors to bring about a rapprochement between the

estranged parties in a matronly of the marriages. Many death could be prevented of some could
befriend these unfortunate women in their agitated emotional state.”[117]

Many times when women are depressed because they are unable to bring the demanded
dowry due to it they want to end up their lives if there has been some one who could help and
guide her, suicide among women based on Dowry problem will come down.

3.3.2 Establishment of Separate Courts;

To deal with the case of dowry and bride – burning, separate courts may be established.
These would contribute to the speedy and efficient disposal of dowry death cases. It will lead to
the promotion of “trends”. “If the judge is acquittal – minded about such cases, all offenders in
such cases may get off lightly. If he is, on the other hand, in favor of exemplary punishment, the
fate of the accused would be sealed. It is therefore, necessary that a large number of judges
should deal with such cases.”[118]

3.3.3 Law More Effective

What is needed more is to make court proceedings time bound and to amend the law to
make it more effective, particularly by giving recognition not only to written but oral dying
declarations made in the presence of a doctor or a police officer or a magistrate or any respectable
citizen. Neighbors who can really vital witnesses should come forward more often and be involved
in a dying declaration.”[119]

Justice delayed is justice denied appears true as the law authority even has not made any
effort for quick disposal or expeditious decision. This situation will certainly stimulate the
antisocial elements of the society, psychologically to proceed for such crime as justice is more
delayed. The delayed justice will automatically spoil the situation of witness as most of the
witnesses will lose sympathy towards the victims as time – lag, is the greatest healer. The
witnesses may also move from previous place to other place for their convenience. In such cases
the court seldom cares to locate such witnesses after lapse of time.

“The time – lag and delayed justice do not impose confidence in people in the
effectiveness of the justice, and therefore in most of the cases police is not reported. Such cases
are dealt with by the Govt. Pleader and generally victims are not required to appoint their own
lawyers. If people want to appoint the competent lawyers to defend the case, it is not always
possible to bear the financial burden by the poor. Our social – moral values have become so much
questionable that to get proper justice appears to be doubtful for the poor masses. In this context
statement made by Justice Iyer (1973) is quite significant, “Indian Law system is administered and
shaped by the British Pattern not wholly indigenous or agreeable to Indian conditions, scaring
away or victimizing the weak through slow motion justice, high priced legal a service, long
distance delivery centre, mystiques legaless and Lacunae’s.”[120]

Thus it is evident that though there are legal provisions against violence to women with
the recent amendments filling the gaps of legal Lacunae, still the gab in vast between theory and
practice. As far as the enforcement of law is concerned gaps still remain to be plugged. There are
administrative, socio – economic and cultural constraints which come in the way of effective
enforcement of laws.” [121]

Legislation often becomes impotent because those it seeks to help are the ones who
violate it and hang on to age-old customs out of fear of social censure or a misplaced loyalty to
traditional values. What is called for is a multi-faced attack on the deep-rooted and widely
prevalent exploitation of women through a re-education of masses, social boycott of those who
give or take dowry, establishment of Family Courts that investigate crimes against women without
going into complicated and long-drawn procedures, heavy taxation on lavish weddings and trained
social workers and organizations that come to the aid of the aggrieved women. Highlighting the
tragedy of dowry-deaths through mass-media and concerted and persistent effort at individual and
group levels can slowly nibble away the evil net.

3.3.4 Change of Attitude

 As far as the administrative constrains are concerned the investigations process and the
trial is to lethargic and time taking that people lose faith in it. In fact in many cases crime against
women is not reported immediately. If reported, it is not recorded properly by the police officers
due to unsympatic towards women involvement of elite groups, the politicization of the civil and
police – service or on any other pretexts. Under such circumstances the witness are usually won
over by accused persons or can become hostile.[122]

In most of the case of bride – burning junior police officers investigate the case that may
be more susceptible to be influenced by the local elite class. Section 174 (3) of Cr. P. C. provides
for the postmortem by a civil surgeon or qualified doctor no doubt. But the situation of
postmortem is well known to everybody as to how it is done and the circumstances under which it
is done in ill equipped hospitals.[123]

3.3.5 Women’s Awareness

Women should be more aware of their legal rights as Sachidananda Sinha have observed
that even after several decades of the introduction to of social legislation, very few women know
the legal rights and are unable to enumerate provisions incorporated in these nights. Hence there
is more need for the voluntary organizations from grass-root level to upper most strata of
society.[124] They can play the role of “pressure group” and information agencies to mobilize
Government, administrators and society to raise voice against violence to women.

3.3.6 Legal Literacy

Legal literacy should be provided at school and college level. School and collage
curriculum can have a short course on legal literacy. For it "Para Legal workers like social workers,
community teachers and local leaders should be trained. To spread legal literacy the Family court
should be set up in slum areas and centers of poverty.”[125]

3.3.7 Mass Media

The roles of the main mass media is also very significant, they play a vital role in
mobilizing public – opinion against social evils. “A sustained campaign should be conducted
through the communication media such as Radio, Television, and Newspapers to arouse the
consciousness of the public against the dowry system and help eradicate this social evil.”[126]

3.3.8 Change of Society

The cause of violence against women staring from the socio – economic and cultural set up
of Indian society should be changed. “Although the Hindu succession Act (1955) provides equal
share of property to daughters in parental property, but tradition hardly dies and the net result is
subjugation of Women. The entire socialization process of Indian Psyche is so much deeply rooted
to male chauvinism that this Act has remained a page of law books only. In many cases neither
the parent care the rightful heir ship to their daughters, nor the daughters claim for it nor
consequently girls become the victim of dowry and cruelly at their in - laws hands.”[127] Due to
economic dependency on the husband and their in – laws women are at the mercy of their in –
laws and are forced to tolerate suffering and torture. Marx is quite right in his saying that, “the
emancipation of women and the equality with men are imposable and must remain so as long as
women are excluded from socially productive works and are restricted to house hold work which is
private.”[128] Women too should change their attitude. They should not consider themselves as
burden. This can only be done by a creative, rather than conservative approach in the planning of
a new type of society and economy which will contribute immensely to the cause of women’s
emancipation. The first step in this direction by the State can be the reservation of economic
opportunities for female according to their population.

3.3.9 Abetment to Suicide

“Abetment in defined in section 107 of the Indian Penal Code by way of the amendment which
came into force on the December 25, 1985. Section 113 – A was inserted in the Evidence Act by
which it raises a presumption in respect of abetment of suicide in case two conditions are fulfilled.
The first condition is that the woman who commits suicide was married within a period of seven
years immediately preceding the commission of suicide the second condition is that she was
subjected to cruelty by her husband or by any relative of the husband.”[129]

“1) Section 306 of IPC:

 Abetment of suicide If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extent to
10 years, and shall also be liable for fine.

2) Section 107 of IPC:

Abetment of thing – A person abets the doing of a thing who first – instigates any person to do
that things or secondly – engages with one or more other person or persons in any conspiracy for
his doing of that thing, of an act or illegal omission takes place in pursuance of that conspiracy, aid
in order to the doing of that thing; or thirdly – intentionally aids, by any act or illegal omission the
doing or that things.[130]

3.3.10 Creating Public Opinion Through Education

The co-operation of the people can be sought only by creating public opinion. A single man
may not be controlled by the law but when a large number of people are penalized, the law is in
the stronger position. The success of all social legislation depends upon the support of the general
public. Or; it may be said that social understanding is the first requisite to solve the problem. And
this social understanding may be created by bringing the evils of dowry to the notice of the people
through moral as well as formal education. No doubt, there are cases in which it is found that
educated people demand more dowries. Education, instead of mitigating the evil has worsened it
to a scandalous proportion. “Many a time we come across certain advertisements in the
matrimonial columns in the newspapers which clearly shows that some people demand high dowry
only to persecute their studies further. Education does not mitigate the evil but worsens it. Even
then, the idea holds well that dowry custom can be abolished only through social and legal
literacy. Education broadens the minds and widens the outlook of the people.”[131]

3.3.11 Initiative by Youth

Youth should be taught the importance of new social values. It is only after education that
boys and girls will take some initiative towards its abolition. Whether the initiative comes from
boys or girls, what is needed is some action. Though there are persons who strongly feel that the
initiative should come from boys but then there are others who say that it should come from girls,
and yet there are some who hold that it should come from both jointly. “In one survey conducted
by Swaran Aurora, out of 75 persons studied, 42.6 per cent were of the opinion that the initiative
should come from the boy’s side. 14.6 per cent wanted it from the girls’ side, and 30.6 per cent
wanted that it should come from both sides. There were 12.0 per cent who believed that boys and
girls can do nothing. But it appears that the initiative can be taken better by the girls. The
educated girls can exercise their right to select their husbands, spurning the advice and the
interference of their patents and relatives in the matter. The girls can refuse to marry who insist
on dowry.”[132]

3.3.13 Inter – Caste Marriages

There is one school of thought that suggests that inter-caste marriage should be
encouraged because they will help in solving the problem of dowry. For encouraging the inter –
caster marriages, boys and girls have to be given ‘self-choice’ opportunity in selecting their life –
partners have not to emphasize much on the custom of ‘marriage by parental arrangement’ but
have to permit a freer mingling of sexes with a view to giving young boys and girls control over
their destinies. [134]

3.3.14 Formation of Women’s Organization

Women’s organizations should come forward to help and reinstate victims of unhappy
marriages especially where dowry is the prime cause for harassment. This will prevent the
helpless brides from taking their own lives, as well as, give courage to families who feel that
divorce is a social stigma.[135]

3.3.15 Reorientation in the Educational Pattern

A reorientation in the educational pattern needs to be brought about. No longer should

the silent, suffering Sati-Savitri be help up as a model but instead, woman should be given her due
dignity and honour in a democratic society in India. Films, plays and articles should be written
with this in mind.

3.3.16 Equal Opportunities should be Given

 Parents should inculcate in their children especially their daughters, an appreciation of
their own worth. Equal opportunities should be given to boys and girls and the treatment meted
out to both within the home should be the same. The dignity of labour and ability to perform
simple household tasks will hold both boys and girls in good stead. The young men and women of
tomorrow should be trained to face life as partners and not as superiors and inferiors.[136]

3.3.17 Some Other Measures for Eradication of the Evil

1. Though every parent realizes that dowry is a social evil and need be curbed, but neither the
parents are in a position to ex pose that they given dowry for they would not like to be disgraced
in public but also held guilty under the Dowry Prohibition Act. This attitude should change.

2. Government servants who either demand or receive dowry should be subject to strict disciplinary
action.

3. No suspicion certificates should be demanded from the parents in – law of a girl who died within
seven years of marriage.

4. Weddings should be solemnized in a simple manner, so that the parents do not have to feel the
financial pinch.

5. The Dowry Prohibition Act should be enforced strictly – its many loopholes should be corrected.
Dowry offenders should be publicly exposed and punished in the form of imprisonment of fines.

6. Lavish expenditure and show of wealth at weddings should be criticized. Educated young men
and women should be made to realize that the exchange of money and goods in their names is a
personal affront to their intrinsic worth.

7. To extend the protection to women in the matrimonial home, a new offence – the offence of
cruelty to wife by her husband or in – law has been inserted in the Indian Penal Code. In our
country, judiciary is also responsive to the situation and it has grabbed every opportunity to
pronounce firmly against this evil. The Punjab & Haryana High Court observed:

Conclusion

Laws that cannot be enforced only foster a general disrespect of law. This very criticism was
given by P.N.Sapru (a former judge of Allahabad High Court and the then member of parliament)
in the parliament on August 21, 1959 when the Dowry prohibition Bill was being discussed in the
RajyaSabha. He had described the Bill as ‘ridiculous’ and went to the extent of suggesting its
withdrawal. He said that it will do no good to pass legislation which cannot be enforced.

Such legislation will only bring law into contempt. Even the government was skeptical
about its efficacy. The then Deputy Law Minister, Hajarnavis had said. “It will almost be next to
impossible to prove an offence under the Bill because no parent is going to blight the future of his
daughter by making a complaint that dowry has been extracted from him.”

The evils of dowry thus cannot be eradicated by legislation alone. No law can be enforced
without the whole-hearted co-operation of the people. Enacting a law no doubt sets a patterns of
behavior, activates social con-science, and render some assistance towards the efforts of social
reformers in getting it abolished but we cannot eradicate the evil itself unless the people carry the
philosophy behind the law much further.

General conclusion

The women population in India according to 2001 census is about 500 million, which is
nearly 50 percent of India's total population. Despite such a huge margin, the status of Indian
women in society is not very pleasant. The question is why?. Human beings are born equal but
are never treated equally. Unequal treatment to women or the gender bias is not a new
phenomenon. Our mythology, if referred to, shows us the gender bias that was prevalent in India.

It may be concluded that the abolition of the custom of dowry would be a landmark toward
social reform. With whatever intentions this custom may have been started, it cannot be denied
that it has failed to recognize women as human-beings with emotions, feelings and a separate
identity. Rather, it considers them as pieces of valuable property and as sources of income for the
further upliftmeent of the groom’s family. This great injustice has got to be stopped, whether it be
by education, propaganda, welfare associations, or legislation. When we find even highly educated
and foreign-returned young men not averse to the idea of dowry, the limit has been reached.

We have become permitted this evil to disfigure the face of our society long enough. The
time has come for it to be scrapped root and branch. Unless we become more progressive in our
outlook, less orthodox in our ways, and more revolutionary in our ideas, dowry will remain the
bane of our society. It is only on the wheels of understanding and a sense of co-operation that the
chariot of society can move smoothly. Unfortunately, marriage nowadays, in spite of its veneer of
religious sanction, has been degraded to the level of market commodity.

Marriage settlements start not with selecting boys and girls of character, high aspirations,
and modern values but with dowry. Hence, it is now high time for the Hindu society to commit
suicide. One should not forget that marriage is a sacrament and not a business deal. The sacred
institution of marriage has been debated by this vicious practice. When a girl is accepted not fro
her virtues but for the money she brings and when the dowry she brings is the be-all and end-all
of the transaction, the marriage looses all sanctity and sublimity. The sooner the dowry becomes
the thing of the past, the better for our society.

The problem of dowry demand is not merely one of a family demanding cash and goods
beyond the capacity and desire of another family to give but rather a question of the inter
relatedness of psychological, social and economic factors. As one reads the shocking story of
individual woman and families, one notice that there is very little and often no awareness among
them of the roots of the problem or any motivation to curb the practice and bring about a much
needed social change. This can be attributed to an internalization of prevailing particular values
which view women as inferior and having only themselves to blame for their predicament. It
seldom sees them as victims of a particular form of oppression or of socially prevalent sex biases.

The burden of tradition, a prevailing ideology of male superiority, an insensitive police

fore, and archaic judicial system and a society that condones violence creates a chamber of horror
where even angels would fear to tread.

The dowry system is a social evil prevalent in India till date which every citizen has to fight against. Each one has to take
up this fight by creating awareness in the family, communities and society at large. Constant and alert actions against
people practicing this evil will slowly help in getting rid of this evil totally.

No blame game is going to help at this juncture. The problems are identified and solutions has to be worked upon
positively! Dowry system is one of the social evils that prevails in the Indian Society.To eradicate this evil dowry system
from India,it requires sustained and concrete efforts in the right direction.

Dowry system in Indian Society: Origin, impact and remedies

Among the social evils that prevail and plague Indian society, the dowry system plays the most devastating role. It has
spread out its tentacles far and wide in the society affecting almost every section of the society.

Origin of Dowry:

The system of dowry had its origin in the Vedic period which began only as a formal rite in the institution of marriage.
Among the various types of Hindu marriages, ‘Kanyadan’ played a significant role in the evolution of the dowry system.
During Kanyadan, a bride was given as a gift to a bridegroom by her father. As stipulated in the Dharmasasthra,
Kanyadan is a meritorious act and it is not complete until a bridegroom is given a dakshina while performing and
solemnizing the ceremony of Kanyadan.

In other words during Kanyadan form of marriage, the bridegroom has to be given something in cash or kind which
constitute Varadakshina.ThusKanyadan form of marriage became associated with Varadakshina,i.e the cash or gifts in
kind to be paid by the parents or guardian of the bride to the bridegroom. Thus Dakshina or Varadakshina was offered
out of affection and did not constitute any kind of compulsion or obligation or consideration for the marriage. It was a
voluntary act or practice followed in those days to comply with the stipulations enjoined in Dharmasasthra without any
coercive overtones.

However, in the course of time, the voluntary element associated with Varadakshina during Kanyadan marriage has
disappeared and the coercive element has crept in. It has taken deep roots not only in the marriage ceremony but also
extended to the post-marital relationship.
Thus what was originally intended as a token Dakshina for the bridegroom has now gone out of proportions and has
assumed the modern nomenclature ‘dowry’. Considering its ramifications and the impact it created in the society, the
dowry system has grown into a greedy monster, which is constantly looking out for hapless preys especially from
feminine gender.

The impact:

Consequent to the monstrous growth of dowry system, it has become a part and parcel of the institution of marriage. In
other words, without dowry no marriage is solemnized. In the caste ridden Hindu society, the top three castes and its
sub castes invariably follow the dowry system. In fact before fixing a marriage or engagement, dowry is demanded as a
precondition. When the demand for dowry is not accepted, a disagreement is reached and the marriage proposal gets
foiled even at the preliminary stage. The personality of a bride or bridegroom, their willingness for the proposed
marriage etc which are normally considered as the essential prerequisites of a marriage take the backstage. Another
salient feature of the dowry system is that it is always associated with the status of the parties to the marriage. In
particular, in the arranged marriages, the bridegroom’s parents demand a sum in cash or in kind, in the form of jewelry,
material things like household articles, car and house etc. The irony is such demands are made befitting the economic
status of the bridegroom’s family or the position held by the bridegroom or the actual amount that he earns as salary or
in his business or profession. If the agreed amount of cash or kind is not paid before the marriage, it even leads to the
termination of the contract of marriage and the marriage is not solemnized.

The system of dowry has also become a primary source of post-marital disputes. When the agreed amount of dowry is
not paid or it is partly paid and partly promised, some times the marriage is solemnized and even consummated. When
the bride’s family is not able to fulfill the promise of dowry due to poverty, the strife begins at the marital home, in
which the entire family members of the bridegroom is pitted against the bride. Going further, the bride, for no fault of
her, is verbally abused in a vituperative language, assaulted or violently beaten by her husband, in extreme cases the
bride is strangled to death or put to flame using petrol or kerosene. The bride is not spared even when she is pregnant
or a mother of a baby.

Unable to fulfill the dowry demands of the marital home, the bride is mostly driven back to her parent’s home.
Somehow or other, the brides parents should fulfill the demands for dowry, so as to ensure a better future for their
daughters at their marital homes. In the result, the bride’s parents become heavily indebted and wallow in poverty or
struggle to have their both ends meet throughout their life.

In the modern days the Dowry Prohibition Act, specifically makes the act of demanding or taking as well as giving dowry
during the marriage, a crime. Consequently, there is a long queue of hapless women standing before the women police
stations as well as the courts to prefer a complaint against the members of their marital home. In some cases,
harassment for dowry results in deaths of women leading to a protracted trail against the members of the marital home.

Sometimes, hapless men are being harassed by women misusing the provisions of Dowry Prohibition Act, preferring
false complaints against their husbands. Hence, courts have begun to consider such cases sympathetically and even
issued instructions accordingly. If a woman prefers a complaint against her husband on the ground of harassment for
dowry, the police authorities need not automatically arrest him unless a prima facie case is made out on enquiry.

Thus the dowry system creates a chaos in the society, by promoting violence and strife among the members of the
families and thereby dismembering the families.

Remedies against the dowry system and its evil effects on society:

As early as 1939, the evils of the dowry system were felt. Sporadic State legislations were not do to prevent the widely
prevalent dowry system. Subsequent to independence, the Government of India began to enact legislations
empowering women in India.

1) In the Hindu Succession Act, 1955, a woman was placed on equal footing with men, entitling them to have property
rights. The Dowry Prohibition Act, 1961, tries to do away with the system of dowry by declaring that both taking and
giving dowry as a crime. It stipulated punishments up to 2 years for dowry harassment and up to 10 years of rigorous
imprisonment for deaths caused by dowry harassment. Certainly, these enactments act as a deterrent against the
system of dowry. However, by and large still the system of dowry prevails and the culprits go scot-free since no body
comes forward to prefer a complaint against them.

2) It requires concrete and sustained efforts to campaign against the system of dowry and eradicate it once and for all
from the society:

i)
ii) Promoting love marriages on the one hand helps to abolish the caste system and on the other hand it helps to throw
away the dowry system into the dust bin.

iii) Spreading the message against the dowry system by conducting periodical legal aid camps and offering counseling to
the victims as well as the general public will help to spread the awareness among them against the dowry system.

iv)Creating more stringent provisions in the dowry prohibition act like awarding a higher punishment to those who take
or give or even demand dowry. Imposing punishments like imprisonment to those who cause the death of the victim by
dowry harassment is a way of giving stringent punishment.

v) The root cause for the existence and continuation of the dowry system is that parents of the bride despite being poor
agree to the unreasonable demands for dowry made by the parents of the bridegroom. Therefore, they should make it a
policy that they will never agree or make any compromise on the issue of giving or taking dowry, how long their
daughter may remain unmarried.

It requires commitment to eradicate the system of dowry. Perhaps a whole generation may have to suffer to get rid of
this evil system. Instead of suffering from dowry harassment or losing your precious lives, it is better to remain
unmarried for a common cause and for the benefit of the posterity.

24,771 dowry deaths reported in last 3 years: Govt