Jai Narayan vyas university

Jodhpur
Faculty of law

Session=2018-2019
Subject=sociology
Topic=child marriage and dowery system in india

Submitted by= submitted to=

Arun kumar rishabh gehlot sir
Ba llb 2nd sem.
Acknowledgment
I have taken lots of efforts in this assignment. However it would not
have been possible without the kind support of mr.rishabh gehlot sir.
I would like to express my sincere thanks to him.

I m highly indebted to jai Narayan vyas university for this guidance

and constant supervision as well as for providing necessary
information regarding this assignment.

I would like to express my gratitude towards my family and friends

for their kind cooperation and encouragement which helped me in
completing my assingnment.

My thanks also goes to those people who directly or indirectly helped

me in completing my project report.

Index
1 introduction
2 definition of child marriage
3 origin and cause of child marriage
4 laws against child marriage
5 consequences of child marriage
6 prevention of child marriage
7 dowery system in india
8 historical background of dowery
9 causes of the dowery
10 dowery in modern era
11 types of the dowery
12 law against the dowery
13 international convention on the dowery
Child marriage in india
Introduction=
Child marriage in India, according to the Indian law, is a marriage where either the woman is below
age 18 or the man is below age 21. Most child marriages involve underage women, many of whom
are in poors ocio-economic conditions

Child marriages were prevalent in India. Estimates vary widely between sources as to the extent and
scale of child marriages. The International Center for Research on Women-UNICEF publications
have estimated India's child marriage rate to be 47% from small sample surveys of 1998,[1] while the
United Nations reports it to be 30% in 2005.[2] The Census of India has counted and reported
married women by age, with proportion of females in child marriage falling in each 10 year census
period since 1981. In its 2001 census report, India stated zero married girls below age 10, 1.4 million
married girls out of 59.2 million girls aged 10–14, and 11.3 million
married girls out of 46.3 million girls aged 15–19.[3] Since 2001, child marriage rates in India have
fallen another 46%, reaching an overall nationwide average 7% child marriage rates by 2009.[4]
Jharkhand is the state with highest child marriage rates in India (14.1%), while Kerala is the only
state where child marriage rates have increased in recent years.[4][5] Rural rates of child marriages
were three times higher than urban India rates in 2009
definition of child marriage
india
Child marriage is complex subject under Indian law. It was defined by The Child Marriage Restraint
Act in 1929,[11] and it set the minimum age of marriage for men as 18, and women as 15. That law
was questioned by Muslims, then superseded by personal law applicable only to Muslims in British
India with Muslim Personal Law (Shariat) Application Act of 1937,[6] which implied no minimum
limit and allowed parental or guardian consent in case of Muslim marriages. Section 2 of the 1937
Act stated,
world
UNICEF defines child marriage as a formal marriage or informal union before 18 years of age.[13]
UN Women has proposed that child marriage be defined as a forced marriage because they believe
children under age 18 are incapable of giving a legally valid consent.
Origin and causes of child marriage
In a 1998 New York Times report, sociologists stated that some communities trace its origin to the
Muslim invasions. Per legends, invaders raped unmarried Hindu girls or carried them off as booty,
prompting Hindu communities to marry off their daughters almost from birth to protect them.[15]
[16][17] Others suggest child marriages were common everywhere in the world before the 19 th
century. At the time of the Delhi Sultanate, political atmosphere was turbulent and ruled by Muslim
Sultans in an absolute monarchy government. During this period the Sultans produced practices such
as child marriage and had lowered the status of women even further.

Parents of a child entering into a child marriage are often poor and use the marriage as a way to
make her future better, especially in areas with little economic opportunities

Poverty in India has been cited as a cause of early marriages. Child marriages of girls is a way out of
desperate economic conditions, and way to reduce the expenses of a poor family.

Laws against child marriage

The Child Marriage Restraint Act of 1929

The Child Marriage Restraint Act, also called the Sarda Act,[34] was a law to restrict the practice of
child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions
of some princely states like Hyderabad and Jammu and Kashmir, and applied to every Indian citizen.
Its goal was to eliminate the dangers placed on young girls who could not handle the stress of
married life and avoid early deaths. This Act defined a male child as 21 years (originally 18) or
younger, a female child as 18 years (originally 14) or younger, and a minor as a child of either sex
18 years or younger (originally 14). The punishment for a male between 18 and 21 years marrying a
child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The punishment for a
male above 21 years of age became imprisonment of up to three months and a possible fine.

The Prohibition of Child Marriage Act, 2006

In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation
and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child
Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the
shortcomings of the Child Marriage Restraint Act.[36] The change in name was meant to reflect the
prevention and prohibition of child marriage, rather than restraining it.[34][36] The previous Act
also made it difficult and time consuming to act against child marriages and did not focus on
authorities as possible figures for preventing the marriages.[36] This Act kept the ages of adult males
and females the same but made some significant changes to further protect the children. Boys and
girls forced into child marriages as minors have the option of voiding their marriage up to two years
after reaching adulthood, and in certain circumstances, marriages of minors can be null and void
before they reach adulthood.

Legal Action on Legal Confusion

There is a standing legal confusion as to Marital Rape within prohibited Child Marriages in India.
Marital rape per se is not a crime in India; but the position with regard to children is confusing.
While the exception under the criminal law (section 375, Indian Penal Code, 1860) applicable to
adults puts an exception and allows marital rape of a girl child between the age of 15–18 years by
her husband; another new and progressive legislation Protection of Children from Sexual Offences
Act, 2012 disallows any such sexual relationships and puts such crimes with marriages as an
aggravated offense

Consequences of child marriage

Early maternal deaths

Girls who marry earlier in life are less likely to be informed about reproductive issues,[45] and
because of this, pregnancy-related deaths are known to be the leading cause of mortality among
married girls between 15 and 19 years of age.[46] These girls are twice more likely to die in
childbirth than girls between 20 and 24 years of age.[47] Girls younger than 15 years of age are 5
times more likely to die in childbirth
Infant health

Infants born to mothers under the age of 18 are 60% more likely to die in their first year than to
mothers over the age of 19. If the children survive, they are more likely to suffer from low birth
weight, malnutrition, and late physical and cognitive development

Fertility outcomes

A study conducted in India by the International Institute for Population Sciences and Macro
International in 2005 and 2006 showed high fertility, low fertility control, and poor fertility outcomes
data within child marriages. 90.8% of young married women reported no use of a contraceptive prior
to having their first child. 23.9% reported having a child within the first year of marriage. 17.3%
reported having three or more children over the course of the marriage.
Violence
Young girls in a child marriage are more likely to experience domestic violence in their marriages as
opposed to older women. A study conducted in India by the International Centre for Research on
Women showed that girls married before 18 years of age are twice as likely to be beaten, slapped, or
threatened by their husbands

Prevention programmes in India

Apni Beti, Apna Dhan (ABAD), which translates to "My daughter, My wealth," is one of India's first
conditional cash transfer programmes dedicated to delaying young marriages across the nation. In
1994, the Indian government implemented this programme in the state of Haryana. On the birth of a
mother's first, second, or third child, they are set to receive ₹ 500, or US$11 within the first 15 days
to cover their post-delivery needs.

The International Centre for Research on Women will evaluate Apni Beti, Apna Dhan over the course
of the year 2012, when the program's initial participants turn 18, to see if the programme,
particularly the cash incentive, has motivated parents to delay their daughters' marriages. "We have
evidence that conditional cash transfer programmes are very effective in keeping girls in school and
getting them immunised, but we don’t yet have proof that this strategy works for preventing
marriage," said Pranita Achyut, the program manager for Apni Beti, Apna Dhan. "If Haryana state’s
approach proves to be valuable, it could potentially be scaled up to make a significant difference in
many more girls' lives – and not only in India".

Dowery system in india

Introduction=
The dowry system in India[1] refers to the durable goods, cash, and real or movable property that
the bride's family gives to the bridegroom, his parents, or his relatives as a condition of the marriage.
[2] Dowry stemmed from India's skewed inheritance laws, and the Hindu Succession Act needed to be
amended to stop the routine disinheritance of daughters.[3] Dowry is essentially in the nature of a
payment in cash or some kind of gifts given to the bridegroom's family along with the bride and
includes cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils and other
household items that help the newlyweds set up their home.[4] Dowry is referred to as Dahez in
Arabic (derived from Islamic jahez-e-fatimi).[5] In far eastern parts of India, dowry is called
Aaunnpot

The Dowry Prohibition Act, 1961 article 3 specifies that the penalty for giving or taking dowry does
not apply to presents which are given at the time of a marriage to the bride or bridegroom, when no
demand for them have been made. Although Indian laws against dowries have been in effect for
decades, they have been largely criticised as being ineffective.[11] The practice of dowry deaths and
murders continues to take place unchecked in many parts of India and this has further added to the
concerns of enforcement

historical background
The history of dowry in South Asia is not clear. Some scholars believe dowry was practiced in
antiquity, but some do not. Historical eyewitness reports, as discussed below, suggest dowry in
ancient India was insignificant, and daughters had inheritance rights, which by custom were
exercised at the time of their marriage. Documentary evidence suggests that at the beginning of 20th
century bride price, rather than dowry was the common custom, which often resulted in very poor
boys remaining unmarried

Stanley J.Tambiah claims the ancient Code of Manu sanctioned dowry and bridewealth in ancient
India, but dowry was the more prestigious form and associated with the Brahmanic (priestly) caste.
Bridewealth was restricted to the lower castes, who were not allowed to give dowry. He cites two
studies from the early 20th century with data to suggest that this pattern of dowry in upper castes and
bridewealth in lower castes has persisted through the first half of the 20th century.[16] However, it is
that marriages involved both reciprocal gifts between the two families, claims Tambiah, so that
insofar as the groom's family gives the bridewealth, it tends to be given back as the culturally
validated dowry to the bride as part of her conjugal estat

causes of dowery
1 economic factores
There are many economic factors that contribute towards the system of dowry. Some of these include
inheritance systems and the bride's economic status.

Some suggestions point to economics and weak legal institutions on inheritance place women in
disadvantage, with inheritances being left only to sons.[26] This leaves women dependent upon their
husbands and in-laws, who keep the dowry when she marries.[27] Prior to 1956, including during the
British Raj, daughters had no rights of inheritance to their family's wealth. In 1956, India gave equal
legal status to daughters and sons among Hindu, Sikh and Jain families, under the Hindu Succession
Act (India grants its Muslim population the Sharia derived personal status laws). Despite the new
inheritance law, dowry has continued as a process whereby parental property is distributed to a
daughter at her marriage by a social process, rather than after parents death by a slow court
supervised process underH indu Succession Act (1956).[
2 social factors
The structure and kinship of marriage in parts of India contributes to dowry. In the north, marriage
usually follows a patrilocal (lives with husband's family) system, where the groom is a non-related
member of the family. This system encourages dowry perhaps due to the exclusion of the bride's
family after marriage as a form of premortem inheritance for the bride.[26] In the south, marriage is
more often conducted within the bride's family, for example with close relatives or cross-cousins, and
in a closer physical distance to her family. In addition, brides may have the ability to inherit land,
which makes her more valuable in the marriage, decreasing the chance of dowry over the bride price
system.[

In addition to marriage customs that may influence dowry, social customs or rituals, and parents
expectations of dowry are important factors to consider. A 1995 study showed that while attitudes of
people are changing about dowry, dowry continues to prevail.[30][32] In a 1980 study conducted by
Rao, 75% of students responded that dowry was not important to marriage, but 40% of their parents'
likely expected dowry

3 relegious factors
Dowry in India is not limited to any specific religion. It is widespread among Hindus and other
religions. For example, Indian Muslims call dowry as jahez, justify the practice in terms of jahez-e-
fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the
outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes,
jewelry, an amount of money for the groom's family, which is settled on after bargaining. The jahez
often far exceeds the costof the baraat and marriage parties. Thej ahez is separate from cash payment
asM ahr or dower that Sharia religious law requires

dowery in modern era

Dowry has been a prevalent practice in India's modern era and in this context, it can be in the form of
a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. There
are variations on dowry prevalence based on geography and class. States in the north are more likely
to participate in the dowry system among all classes, and dowry is more likely to be in the form of
material and movable goods.[26] In the south, the bride price system is more prevalent, and is more
often in the form of land, or other inheritance goods. This system is tied to the social structure omf
arriage, which keeps marriage inside or close to family relations

When dowry evolved in the Vedic period, it was essentially followed by the upper castes to benefit the
bride, who was unable to inherit property under Hindu law.[35][36] To counter this, the bride's
family provided the groom with dowry which would be registered in the bride's name.[37] This dowry
was seen as stridhan (Sanskrit: woman's property).[38] Also, an important distinction is the fact that
while the upper castes practiced dowry, the lower castes practiced bride price to compensate her
family for the loss of income

types of dowery
Recently married women can be a target for dowry related violence because she is tied economically and
socially to her new husband.[33] In some cases, dowry is used as a threat or hostage type situation, in order to
extract more property from the bride's family. [43] This can be seen in new brides, who are most vulnerable in
the situation.[29] Dowry crimes can occur with the threat or occurrence of violence, so that the bride's family is
left with no choice but to give more dowry to protect their daughter. [29] The northern and eastern states ofI ndia
show higher rates of dowry-related violence

1cruelty
Cruelty in the form of torture or harassment of a woman with the objective of forcing her to meet a
demand for property or valuable security is a form of dowry crime. Such cruelty could just be in the
form of verbal attacks or may be accompanied by beating or harassment in order to force the woman
or her family to yield to dowry demands.[45] In many instances, such cruelty may even force the
woman to commit suicide and it has been specifically criminalized by the anti-dowry laws inIn dia.

2 domestic violence
Domestic violence includes a broad spectrum of abusive and threatening behavior which includes
physical, emotional, economic and sexual violence as well as intimidation, isolation and coercion.
[46] There are laws like the Protection of Women from Domestic Violence Act 2005 that help to
reduce domestic violence and to protect women's rights.

3 abetment to sucide
Continuing abuse by the husband and his family with threats of harm could lead to a woman
committing suicide. In such situations, the dowry crime even extends to abetment of suicide, which
includes all acts and attempts to intentionally advise, encourage, or assist in committing suicide.[47]
The impact of dowry can leave a woman helpless and desperate, which can cumulate in emotional
trauma and abuse.[29][33] Dowry related abuse causes emotional trauma, depression and suicide.
4 dowery murder
Dowry deaths and dowry murder relate to a bride's suicide or killing committed by her husband and
his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the
culmination of a series of prior domestic abuses by the husband's family.[49][50] Most dowry deaths
occur when the young woman, unable to bear the harassment and torture, commits suicide by
hanging herself or consuming poison. Dowry deaths also include bride burning where brides are
doused in kerosene and set ablaze by the husband or his family. Sometimes, due to their abetment to
commit suicide, the bride may end up setting herself on fire.
Law against the dowery
The first all-India legislative enactment relating to dowry to be put on the statute book was The
Dowry Prohibition Act, 1961 and this legislation came into force from July 1, 1961.[56] It marked
the beginning of a new legal framework of dowry harassment laws effectively prohibiting the
demanding, giving and taking of dowry. Although providing dowry is illegal, it is still common in
many parts of India for a husband to seek a dowry from the wife's family and in some cases, this
results in a form of extortion and violence against the wife.

1 dowery prohibition act, 1961

The Dowry Prohibition Act, 1961 consolidated the anti-dowry laws which had been passed on certain
states.[58] This legislation provides for a penalty in section 3 if any person gives, takes or abets
giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine
more than ₹15,000 or the value of the dowry received, whichever is higher.[59] Dowry in the Act is
defined as any property or valuable security given or agreed to be given in connection with the
marriage.[60] The penalty for giving or taking dowry is not applicable in case of presents which are
given at the time of marriage without any demand having been made.

2 Criminal procedure- IPC, CRPC and evidence act

The Indian criminal laws were comprehensively amended to include dowry as a punishable offence.
[67] Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a
specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum
imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or
occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that
before her death, she was subjected to cruelty or harassment by her husband or his relative regarding
the demand for dowry, then the husband or the relative shall be deemed to have caused her death

3 protection of women from the domestic violence act, 2005

The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act") was passed in
order to provide a civil law remedy for the protection of women from domestic violence in India.[8]
The Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and
sexual abuse and forms a subset of the anti-dowry laws to the extent it is one of the reasons for
domestic violence.[72] Section 3 of the Domestic Violence Act specifically incorporates all forms of
harassment, injury and harms inflicted to coerce a woman to meet an unlawful demand for dowry.
[72] Some of the common remedies under the Domestic Violence Act include:

protection orders - prohibiting a person from committing domestic violence;

residence orders - dispossessing such person from a shared household;
custody orders - granting custody of a child; and
compensation orders - directing payment of compensation.

International conventions
India is a party to several international human rights instruments which provide theoretical remedies
to the dowry problems.[73] These international conventions include the Universal Declaration of
Human Rights ("UDHR"), International Covenant on Civil and Political Rights ("ICCPR"), the
International Covenant on Economic, Social, and Cultural Rights ("ICESCR"), the Convention on the
Elimination of All Forms of Discrimination Against Women ("CEDAW"), and the Convention on the
Rights of the Child ("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-
related violence: the rights of women. However, there are issues of non-intervention and cultural
relativism which impede the use of international law to combat dowry deaths.
 Jai Narayan vyas university
Jodhpur
Faculty of law

Session=2018-2019
Subject=jurisprudence
Topic=analytical school with refrence to Austin, kelson
and h.l.a hart

Submitted by= submitted to=

Dilip kumar jani angeeta mam’m
Ba llb 2nd sem.

Acknowledgement
I have taken lots of efforts in this assignment. However it would not
have been possible without the kind support of ms Angeeta mam’m
sir. I would like to express my sincere thanks to him.

I m highly indebted to jai Narayan vyas university for this guidance

and constant supervision as well as for providing necessary
information regarding this assignment.

I would like to express my gratitude towards my family and friends

for their kind cooperation and encouragement which helped me in
completing my assingnment.

My thanks also goes to those people who directly or indirectly helped

me in completing my project report

Index
Content page no.

Introduction 1

Analytical school 2

John Austin 3-7

Kelson 7-9

H.L.A Hart 9-12

Bibliography 13

Certificate
Name: Dilip kumar jani class: Ba LLb 2nd semester
Roll no.: 18
Institution : jai Narayan vyas university
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the .....................................class during the academic year
20…/20…

Number certified…………..out of…………in the subject of

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Teacher sign…………………

Students sign……………….

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