DOWRY DEATHS IN INDIA

A seminar paper submitted in partial fulfilment of the course Law

Related to Women & Child, 10th SEMESTER during the Academic Year
2020-2021

SUBMITTED BY:
KHUSHBU KUMARI

Roll No. – 1533

B.A LL.B

SUBMITTED TO:

Ms. Sugandha Sinha and Mr. Vijayant Sinha

FACULTIES OF LAW RELEATING TO WOMEN & CHILD

&

MAY, 2021
CHILD
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,

MITHAPUR, PATNA-800001
CHILD

1
 DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A. LL.B (Hons.) Project Report entitled

“Dowry Deaths In India” submitted at Chanakya National LawUniversity, Patna is an

authentic record of my work carried out under the supervision of Ms. Sugandha Sinha and

Mr. Vijayant Sinha. I have not submitted this work elsewhere for any other degree or

diploma. I am fully responsible for the contents of my Project Report.

(Signature of the Candidate)

KHUSHBU KUMARI

Chanakya National Law University, Patna

15/03/2021

2
 ACKNOWLEDGEMENT

A project is a joint endeavour which is to be accomplished with utmost compassion, diligence

and with support of all. Gratitude is a noble response of one’s soul to kindness or help

generously rendered by another and its acknowledgement is the duty and joyance. I am

overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my

heart to all those who have helped me to put these ideas, well above the level of simplicity

and into something concrete effectively and moreover on time.

This project would not have been completed without combined effort of my revered LAW

Releating To Women & Child teachers Ms. Sugandha Sinha and Mr. Vijayant Sinha. whose

support and guidance was the driving forces to successfully complete this project. I express

my heartfelt gratitude to her. Thanks are also due to my parents, family, siblings, my dear

friends and all those who helped me in this project in any way. Last but not the least; I would

like to express my sincere gratitude to our Human Rights teacher for providing us with such a

golden opportunity to showcase our talents. It was truly an endeavour which enabled me to

embark on a journey which redefined my intelligentsia, induced my mind to discover the

various events and provisions which led to the development of law in India.

Moreover, thanks to all those who helped me in any way be it words, presence?

Encouragement or blessings...

- Khushbu Kumari

- 10th,Semester

- BA LL.B

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 TABLE OF CONTENTS

Acknowledgement …………………………………………………………………………….3

Table of Contents…………………………………………………………………………...... 4

Introduction……………………………………………...……………………………………5

Aims and Objectives……………………………………..…………………………....………7

Hypothesis……………………………………………………………………………………..7

Research Methodology………………………………………………………………………..7

Limitations…………………………………………………………………………………….8

1. Introduction………….............................…..................................………........…………..……5

2. Women And Dowry In India................................................................................................. 9

3. Regulation Of Practice Of Dowry Related Violence ..........................................................12

4. Why Does The Practice Still Persist Today? ......................................................................15

5. Conclusion.................................. ........................................................................................19

Bibliography…………………………………………………………………………………22

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 CHAPTER-1

INTRODUCTION
The phenomenon of dowry deaths – of violence against young married women by their
husbands and families related to extortion for gifts – was vital in activating the women’s
movement in post-independence India in the 1980s. Although the historical and traditional
meaning of dowry has changed over the centuries, the evolution of the practice from possibly
customary inheritance to extortion and violence is embedded in an increasingly consumerist
society and capitalist economy. Highlighted initially by the women’s movement as a symbol
of devaluation of women and leading to major legal reform, analysis of the criminal justice
system’s response to dowry deaths revealed that they obscured other causes of gender-based
inequalities and violence against women which are not peculiar to India alone.1

The term “dowry deaths” or “dowry murders,” as the women’s movement in India referred to
this phenomenon, is used to indicate deaths of young, married women due to abuse centred
on dowry demands by their husbands and their families. This phenomenon first burst onto the
centre stage of public consciousness in India in the early 1980s with media reports of
instances of young brides being burned to death.2

The custom of dowry – of gifts of property, cash, and goods – given at the time of marriage
by the bride’s parents to the bridegroom and his family is an old one and was largely
associated with the upper castes in northern India. It is only in the last four decades or so that
demands for dowry and the continued pressure on the woman’s natal family for gifts at the
time of marriage and subsequently became intertwined with extortion. This signalled a clear
message about the worth of women: the continuing practice of dowry reflected the woman’s
status as a liability in the sense that the new family must be paid off for accepting the woman.
3

Further, she also becomes a hostage to her husband and in-laws’ desire for a continued flow
of gifts. The practice of dowry has now spread to almost all regions and across caste groups.
In south India, where the practice of dowry was virtually non-existent a little more than half a

1
The Shravanti Reddy, ‘Ancient Practice of Dowry Perpetuates violence against women in India
2
Ibid
3
Botticini & Siow, “Why Dowries”, (November 2003), Vol. 93 No. 4, The American Economic Review, pp.
1385-1398, at 1387.

5
century ago except in the numerically small upper caste of Brahmins, the current spread of
the practice and its growing identification with investible capital is seen as an expression of
upward mobility through marriage in an increasingly capitalist market economy.

Therefore, far from being an obsolete residue of departed times, and despite the diversity of
marriage practices between regions and caste groups in the country, the practice of dowry and
the related coercion culminating in different forms of violence against the bride has been
grafted onto an increasingly consumerist society. Despite the legal prohibition of giving and
taking of dowry as declared in the Dowry Prohibition Act in 1961 and its subsequent
amendment in 1984, the practice of dowry in fact continues to receive implicit social
sanction. However, it is the coercive nature that the practice has acquired and its relationship
to harassment and abuse of the wife that became more central to the campaigns of the
women’s movement.4

4
Ibid

6
 AIMS AND OBJECTIVES

The Aims and Objectives of this project are:

1. To understand the concept of dowry death and what are the causes causing dowry deaths.
2. To see whether it meets the ends of the justice.

HYPOTHESIS

The researcher considers the following hypothesis:

1. There is no significant decrease in matrimonial crime rates even after the legislations of
Dowry prohibition laws in India.

RESEARCH METHODOLOGY

In this project, the researcher has relied on the ‘Doctrinal Method’, which is primarily based
upon books, journals, news, articles etc. A comprehensive study is made in order to arrive at
analytical & critical support of the arguments. The segments are structured and written
actively. The writing style is descriptive as well as analytical. This project has been done
after a thorough research based upon intrinsic and extrinsic aspect of the assigned topic.

Researcher has also relied upon non-doctrinal method, where researcher has visited different
court of law and did empirical research.

SOURCES OF DATA

The following secondary sources of data have been used in the project-

1. Articles/Journals
2. Books
3. Government departments for Statistical and Policy information
4. Research reports
5. Newspaper Clippings

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 METHOD OF WRITING AND MODE OF CITATION:

The method of writing followed in the course of this research paper is primarily analytical
and doctrinal. The research is followed with Uniform method of citation throughout the
course of this research paper.

RESEARCH LIMITATIONS

Though the researcher has tried her level best not to leave any stone unturned in doing this
project work to highlight various aspects relating to the topic, but the topic is so dynamic
field of law ,the researcher has sight with some of unavoidable limitations. The limitations
encountered by the researcher were the paucity of time

8
 CHAPTER-2

WOMEN AND DOWRY IN INDIA

The practice of dowry in India has always been associated with women alone. The tradition
and culture are the sources of Indian ceremonies like marriage. This chapter looks at the
cultural meaning, origin and the co-relation of the secondary status of women and why they
fall victim to the practice of dowry. Moreover, as the practice of dowry is gendered, the status
of Indian women, their gendered and cultural expectations and roles are also analysed.

The concept of woman (Kanya) being given in marriage (daan) to the groom, is the most
ancient form of dowry. Kanyadaan is said to be one of the duties of a father, according to the
Rig Vedas the highest clan in the Vedic period during the 1500 BC.47 Being the priests
belonging to the most respectable caste in the Hindu society, they commanded high respect.
Thus the voluntary practice of Kanyadaan was looked as ‘an insult to the Brahmins’ due to
the word daan, which meant ‘donating’.5 Since this affected the superiority of the Brahmins
the practice was termed as ‘dahej’, which meant ‘bride-price’.6The transition of kanyadaan to
dahej, is discussed at the later part of this chapter.

Thus over the period of time Kanyadaan became dahej. With the change in economic
conditions and inflation the meaning of dowry has been socially amended. Thus the dowry
demands which initially were cash and clothing changed to flats and vehicles. The amount of
dowry demand was directly proportional to the social and economic position of the groom.
This concept has remained unchanged even till date. Thus the practice of dowry under the
guise of religion exists even today.

The degeneration of the practice of kanyadaan to dowry was due to the inferior position of
women in society. Vedas and various religious texts are responsible for promulgating the
secondary status of women. A detailed analysis of the same explains the victimisation of
women in dowry violence.7

It is evident that the practices of kanyadaan and dowry are gender biased. According to
Hindu culture, a daughter represents her family’s values and honour; she is a symbol of the

5
Supra 3
6
G. Mukherjee: Dowry Death in India (1999), Delhi Publications, India, pg. 15.
7
Ibid

9
moral code the family abide by. When she is married she takes with her the family morals
and values of her paternal home to her marital home. 8

Even in this century the preference of a boy child still remains strong.9 It is this preference of
a boy child that leads to dowry demands. Thus having a son would validate the demanding of
dowry and would generate an income, was the main reason for male-child preference.

Religious and mythological factors have also portrayed women as inferior to men in their
societal roles and positions. Hindu goddess like Sita, the wife of Lord Ram, has been
portrayed as highly respectable owing to her sacrifices.10 She is worshiped because she
renounced the life of a queen and followed her husband to fourteen years of exile, living
without any worldly pleasures or comfort.

In modern times, the imbalance in the sex ratio in India is mainly owing to the disappearance
of women. As stated by Indian Economist Amartya Sen, more than 28 Billion women have
disappeared due to reasons such as Sati (practise of widow emollition), female infanticide and
other atrocities against women.11The problem of female infanticide and foeticide originated
due to the practice of dowry.12 Thus efforts are made to avoid any future payment of dowry
and inter-alia to avoid dowry death. Thus efforts have been made to curb the practice of
female infanticide. But despite legal provisions making the pre determination of the foetus an
offence the practice has not stopped.13 Even today sex determination of the foetus is mainly
for the purpose of eliminating the possibility of a girl child.14 It is assumed that women are
expected to meet the gendered expectations and would not revolt against any atrocity like
dowry deaths. A contributing factor to this is the dependency of women both before and after
marriage that renders them vulnerable to dowry death.

In Northern India the dowry was given by the bride’s father to the groom. However in
Southern India this practice was different. In some communities in Southern India, such as
the Mysore Brahmins, it was in fact the husband that gave the bride’s father the dowry.

8
T. Hopkins: The Hindu Religious Traditions (1971), First Edition, Dickenson Publishing, United States of
America, pg. 36.
9
Ibid
10
V. Singh: Dowry Prohibition in India, (1985), First Edition, Alkesh Publishing, New Delhi, India, pg. 13.
11
Ibid
12
P.Nair: Marriage and Dowry in India: The Dharmashastras, (1978), First Edition, Minerva Publishing, India.
13
M. Srinivas, (1978) at pg. 22.
14
Supra 13

10
Moreover compared to Northern India, traditionally many states in Southern India advocated
and allowed women’s rights, like the right to property, inheritance etc.15 For instance in
Kerala and Karnataka, in the absence of a son, women inherited their father’s property after
his death. Another distinguishing feature of the South Indian culture was the concept of
consanguineous marriages.16 In contrast to North Indian Hindu norms, which prohibited
consanguineous marriages, the South Indian Hindus, allowed these types of marriages. One
reason for giving dowry is as a bribe i.e. to entice a suitable match for the daughter.

15
M. Srinivas: Some reflections on Dowry, (1984), First Edition, Oxford University Press, pg. 18.
16
Ibid

11
 CHAPTER-3

REGULATION OF PRACTICE OF DOWRY RELATED VIOLENCE

This chapter explores the regulation of the practice of dowry and the prohibition of dowry
related violence and dowry related deaths. The key legislations that will be considered are;
The Dowry Prohibition Act, 1961, The Indian Penal Code, 1860 and The Constitution of
India, 1950. Relevant case laws will also be considered. In addition, the short-comings of the
afore-mentioned legislations and judicial attitudes and approaches are analysed. Finally, the
role of media in raising awareness about the practice of dowry and related violence, including
dowry related deaths, is also examined.17

Dowry related deaths or most commonly called ‘bride-burning’. This practice came to light
around the late 1950s. It is a practice wherein a bride doused in kerosene is set ablaze by her
husband and/or in-laws, for the non-payment of dowry. The practice of dowry related death is
very simple and is a practical action of the definition afore-mentioned. The main aim of
dousing the bride in kerosene and setting her ablaze is to avoid any evidence as to the reason
of her death.

Many Indian reformists, such as Mahatma Gandhi, Raja Ram Mohan Roy, Dayanand
Saraswati, aimed at curbing practices like dowry, sati, and widow remarriage. Remarkable
efforts were made by Raja Ram Mohan Roy in the colonial times to fight such social evils.18

B. Ambedkar targeted all the three classes for both awareness regarding rights and
eradication of dowry. He started educating the lower class women regarding the evils of
dowry. He also educated women about their rights in denying any payment of dowry. He also
encouraged women to oppose their husbands, fathers, brothers to take or give dowry.19

After all the efforts made these authors and various freedom fighters as mentioned above, the
practice of dowry came to be known as a social evil. Constant attention to other forms of
violence like sati and child-marriage led to the delay in the regulations relating to dowry and
dowry related violence.20

17
Bloch & Rao, ‘Terror as a Bargaining Instrument: A Case Study of Dowry Violence in Rural India’,
(September 2002), Vol. 92, No. 4, The American Economic Review, pp. 1029- 1043, at 1030.
18
Ibid
19
Supra 17
20
G. Omvedt: Ambedkar: Towards an Enlightened India, (2004), First Edition, Amazon Publishing, .

12
The emergence of the phenomenon of dowry associated violence, and dowry related deaths in
particular, has led to the enactment of various laws within India. The first step in preventing
dowry related deaths was by penalising the very demand of dowry. Thus the main provisions
relating to the Dowry Act, mainly deal with the giving and taking of dowry, which is the
gateway to dowry related deaths. The provisions of the IPC and the CrPC have to be co-
ordinated with the Dowry Act in order to study dowry related deaths. The first major
legislation to prohibit dowry deaths was the Dowry Prohibition Act and its subsequent
amendments.21

The Dowry Prohibition Act came into force on 1st July, 1961. The Act was amended in 1984
and 1986. The main aim of the Act was the prohibition of taking and giving dowry. Under the
Dowry Prohibition Act, 1961, any person who takes, gives, abets the giving or taking of
dowry, is punishable with imprisonment for a term not less than five years and fine which is
not less than Rupees 15, 000 or the amount of dowry given or taken. This aimed at
eliminating dowry by including even acts of abetment as an offence.

The IPC contains two major provisions aimed at curbing dowry related deaths and dowry
related violence. The IPC is the most comprehensive penal code in India as it defines all the
offences and the punishments accruing thereon. Section 498-A was introduced in 1983 and
formed a major anti- cruelty provision of the IPC. Another important insertion was that of
section 304 B which mainly covered dowry deaths. Each provision will be considered in turn.
Section 498 A of the Indian Penal Code 1860

There were many instances of cruel treatment by husbands on their wives for being unable to
provide the demanded dowry. This in turn led to dowry related deaths. In order to prevent the
after math of dowry related violence i.e. dowry-death, the IPC aimed at detecting and
punishing cruel treatment. This provision mainly covers cruelty to women by the husband
and his family after marriage.22
Section 304B of the Indian Penal Code 1860

This provision deals with dowry related deaths. This section aimed at punishing the
perpetrators who killed the woman within seven years of marriage. The main essence of this
section was punishing those who to killed and abetted the killing of the brides for non

21
Vindhya, ‘Dowry Deaths, in Andhra Pradesh, India: Response of the Criminal Justice System’, (2006) , Vol.
6, Violence Against Women, pp. 1085 to 1108, at 1090.
22
Section 498 –A of the Indian Penal Code, 1860

13
payment of dowry.23 Those convicted under this section are punishable with imprisonment
for a term which shall not be less than seven years but which may extend to imprisonment for
life.

In the case of Vemuri Venkateshwara Rao v. State of Andhra Pradesh (1992),24 three
essential ingredients were laid down that need to be satisfied in order to be convicted of an
offence under section 304 B. These are (a) That there is a demand of dowry and harassment
by the accused, (b) That the deceased had died, (c) That the death is under unnatural
circumstances. In this case there was demand for dowry and harassment and death within
seven years of marriage. These facts were enough to prove conviction under section 304-B of
IPC.

The Constitution of India 1950 bears all the important rights which an Indian is entitled to.
The main articles relevant to dowry related deaths are Articles 14 and 21. Article 14 of the
Constitution guarantees equality before law and equal protection of law. Article 21
guarantees right to life and liberty Various women’s organisations have filed cases on behalf
of the victims of dowry related deaths or violence. One such case was filed in the Supreme
Court of India, challenging the infringement of the rights of the victims under the
Constitution.

In Neelam Verma and others v. The Union of India (1983) seven dowry victims and two
women’s organisations had moved the Supreme Court of India. They challenged the refusal
of the police officers to register their complaints to be unconstitutional. The court held that
the action of the police was an infringement of the constitutional rights of the victims. The
court held that the duty of the police was to help the victims register complaints, denying the
same was a breach of duty. This was a landmark case which helped raise ‘public
consciousness by way of a social litigation’. The Supreme Court held that the infringement of
right to life by dowry deaths was an infringement of a fundamental right. Thereafter, the
Supreme Court of India made the implementation of anti-dowry laws stricter and victim-
supportive. Procedural laws were simplified and encouragement to victims of dowry related
violence was emphasised in many cases.25

23
Section 304 B of the Indian Penal Code, 1860
24
Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC.
25
Madhu Kishwar, ‘Destined to Fail’, India Together, Issue 148,
http://www.indiatogether.org/manushi/issue148/domestic.htm

14
 CHAPTER-4

WHY DOES THE PRACTICE STILL PERSIST TODAY?

The continuance of the practice of dowry even today is an undisputed fact. As touched upon
in the previous chapter there appear to be two main reasons for the persistence of dowry; the
short comings of the legal provisions and the cultural acceptance of dowry and the failure of
legal provisions in India. Linked to cultural acceptance is the economic expectations of a
family which also influence the continuance of this practice. Moreover the inferior positions
of women in Indian society also contribute to their subjection to various forms of gender
based violence such as dowry deaths.26

In Indian societies the concept of dowry differs geographically too. India is a country with a
diverse population. Whilst most of the cities in India are modernised, few rural areas still
remain with the sting of backwardness aged daughter. In either circumstance incurring an
economic expenditure sooner or later, would be unavoidable. Leaving no room even for the
thought of divorce in case of unsuitable circumstances rightly makes the bride, ‘a hostage’.
Non-compliance with demands of the groom’s family could result in the death on the bride.
This would mostly be by way of a kitchen fire. This soon became the concept of dowry death
for Indian societies in the late 1980s. It is not denied that this concept of society still
persists.27
Reasons contributing to the persistence of dowry and dowry related deaths

There are a number of reasons why women are exploited for such gender based violence. It is
the societal acceptance that has kept the tradition of dowry alive. The prolonged practice by
the society in some form or the other has resulted in this form of gendered violence.28

Role of Religion:

Most perpetrators practice dowry under the guise of religion, in order to legitimise their
actions. Despite of the fact that the practice is not sanctioned by religion, but has been

26
B. Sitaraman, ‘Law as Ideology: Women, Courts and ‘Dowry related Deaths’ in India’, (1999), 27,
International Journal of the Sociology of Law, pp. 287-316, pg. 294.
27
Ibid
28
R. Dube: Female Infanticide in India: A Feminist Cultural History, (2005), Suny Press Publishing, India, at
pg. 10. Supra 26

15
 29
conveniently used over the period of years, in the name of kanyadaan. Religious views
regarding caste system in India have always been very strict. Therefore in Vedic times, when
the system of hyper gamy prevailed, the practice of dowry was more corrupted. The other
role religion plays is the portrayal of women in the familial ideology.

Importance of a male child

In India the importance of a male child exists since a long time. There are many cultural
reasons for the same. For instance the Vedas suggest that for the attainment of solace on the
death of either of the parents, the pyre should be lit by a son.30 Another reason for the
preference of a male child was escaping the payment of kanyadaan. In the instance of a boy
child, the groom’s family would receive the kanyadaan payment. Thus the economic greed
for receiving kanyadaan which became dowry exists since long. The girl is always given the
least importance in her life and the rarest of comforts in life. Thus for instance in a family of
with a daughter and a son, the son would be looked after by the family. The largest and the
best share in the family’s meal went to the son and the daughter received the leftovers.

Inferior position of women:

The position of women in India is largely responsible for the continuance of this practice.
Although the present scenario of women in India seems to conflict this argument, the same
exists, especially in the rural parts of India. The major cities where the practice of dowry
largely exists are Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh. A study shows
maximum amount of illiteracy recorded herein.

Patriarchal Society:

The main problems begin with this huge difference in status between men and women. The
roles they play in society to a great extent decide who makes the rules. It is this patriarchy
that encapsulates the reasons for gendered crimes like dowry to be accepted by society. It is
the constant fear that also helps men to dominate women. This fear which a woman possesses
constitutes one of the main reasons why the matter of dowry related violence is under

29
‘Should India do more to stop female foeticide?’, BBC report, India, 26 th January, 2001, found at
http://news.bbc.co.uk/1/hi/talking_point/debates/south_asian/1125677.stm.
30
N. Bhuguna, ‘Disparities in Inequality’, (March 2003), India Together, found at
http://www.indiatogether.org/2003/mar/wom-states.htm.

16
reported.

Marriage as a financial transaction:

As speculated by many authors, marriage is indeed a transaction, where the bride is bought
mostly the price, the husband is worth. Thus more the qualification of the groom, the higher
is the dowry demand. The lack of education expenditure for the daughter constantly attracts a
qualified groom. The underlying principle of this transaction was that the bride was less
qualified than the groom.31

Weak Regulations, Application of laws

As seen in the preceding chapter, weak legislation is also one of the reasons for the
persistence of dowry practice committed by the Dowry Prohibition Act, was the legalising of
‘gifts’. Thus although dowry was made illegal, per se, the same demands could be made in
the name of ‘gifts’. This mistake is unavoidable as it clashes with the religious practices. It is
this unavoidable mistake that needs amendment with the help of social reformation. There are
two main reasons why the legislation seems to have failed. Firstly, the police in India register
complaints from the dowry victims, which forms the preliminary ground for litigation. But
owing to the widespread corruption in the Indian police, it is at this stage that the complaints
fail to reach the courts. The second reason is the corruption of the judiciary, due to which the
victims lose hope for justice.32

The Dowry Prohibition Act was more of a failure than serving the purpose it had been created
for. As B. Sen mentions that the amendments in the definition of dowry have added to the
confusion in the courts and facilitated the continuation of dowry practice. As result of which
the statistics display figures which are lesser than those in reality. Sen further mentions that
the Act was passed at a premature stage, because the concept of dowry was a result of a
social environment; and women considered dowry as a family gift for their own benefit.283
Thus poor legislation has the largest contribution to the failure of curbing the practice of
dowry.33

31
Supra 29
32
H. Papanek, ‘Class and Gender in education-employment linkages’, (August 1985), Comparative Education
Review, pp.317-346, pg. 318
33
Ibid

17
It is therefore most important to resort to other means like Women’s organisation and using
the help of International Organisation, to curb this cruel practice of dowry death. Another
important thing is the educating of women of their own rights and making free legal aid
available to women in rural communities. In the event of failure of all the above mechanisms,
it is important to implement certain alternative mechanisms.34

34
P. Manchanda, ‘Practical Steps Towards Eliminating Dowry and Bride-Burning in India’, (2005), Volume 13,
Tulane Journal of International and Comparative Law, pp. 305 to 332, at 320.

18
 CHAPTER-5

CONCLUSION

Despite domestic legislation banning the practice of dowry and dowry related violence,
dowry deaths are still a frequent occurrence in India even today. Every day women die as a
result of bride burning or other forms of dowry related violence. Moreover, as a result of the
existence of the practice of dowry, female infanticide is also a widespread phenomenon in
India; as evidenced by the thousands of female babies that go “missing” every year.

In this paper, the historical and cultural roots of dowry in India have been discussed. What is
evident is that the concept of dowry within the Hindu culture seems to stem from the
religious practice of kanyadaan, performed as part of the Hindu marriage ritual. As explained
in Chapter 1, around 1500BC the concept of kanyadaan changed when the Brahmin priests
were regarded as the highest clan in Hindu culture. The Brahmins looked down upon the
voluntary practice of kanyadaan as the word daan, which meant ‘donating’ affected their
superiority. This resulted in the change in practice, the evil of which still exists in the form of
dowry. Consequently, the practice was termed as dahej which means ‘bride-price’ or dowry.

With the change in practice, now being called dowry, the fads of dowry demands changed
with the change in economic times. Thus dowry constitution began initially by giving cows
and other form of cattle, which changed to flat and cars. Thus the demands have changed but
the practice of dowry demand still persists. Owing to the male superiority, inability to meet
the dowry demand, results in the death of the bride. These deaths came to surface in the late
1950s. This phenomenon commonly came to be known as dowry-related deaths’ or ‘bride
burning’
.
To curb this phenomenon, legislation was enacted, by way of the Dowry Prohibition Act,
1961. Various other provisions were also added in the IPC and the CrPC. These provisions
make the taking and giving of dowry an offence, punishable by not more than 5 years
imprisonment and fine of Rupees 15000. As stipulated by Madhu Kishwar, the fine of Rupees
15,000, and the possibility of anticipatory bail in dowry-death matters need to be amended.
The provisions of the IPC are also subjected to various evidential formalities, which work

19
more in the favour of the defendants. With such flaws in the regulations of dowry, regulation
is said to be one of the reasons for the persistence of dowry.

Another reason besides poor regulation, for the persistence of dowry, is the social stigma
attached to the non-payment of dowry. It is assumed by society that the parents of the bride
ought to comply with the dowry demand of the groom’s family. This is largely due to the
preference of a male child. As M. Kishwar writes, that in the present century, though not
statistically proven, parents confess of being taken care by their daughter better than the son.
She further contemplates the guilt of not treating the girl equally to the boy, restrains them
from setting a precedent for others. It is agreed that in any society, learning from other’s
mistakes, always proves beneficial to the prospective parents. Thus this gender inequality and
preference of a male child, results in the persistence of dowry related deaths.

Although regulation has been improved from time to time, the same has failed to suffice the
need to curb dowry related deaths. Despite of international obligation to committees like
CEDAW, the instances of dowry related deaths continue. Since the participation of social
stigma in the persistence of dowry is immense, the same needs to be chamged.
Along with regulations being amended, a social awareness needs to be brought about by way
of media and social reforms.

Although regulation has been improved from time to time, the same has failed to suffice the
need to curb dowry related deaths. Despite of international obligation to committees like
CEDAW, the instances of dowry related deaths continue. Since the participation of social
stigma in the persistence of dowry is immense, the same needs to be chamged. Along with
regulations being amended, a social awareness needs to be brought about by way of media
and social reforms.

Dowry is indeed a form of extortion. The very thinking of people in Indian society needs
reformations. Until personal determination combines with cultural reformation, an evil
practice like dowry cannot be eradicated from society. Gandhi preferred girls to remain
unmarried all their lives than to be humiliated and dishonoured by marrying men who
demanded dowry.

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In the event of failure of the legislation, both nationally and internationally, a new approach
needs to be taken in this matter. Leniency in the matter of dowry results in prevalence of
dowry related deaths. Stricter laws are the only solution for dowry prohibition. A great way
to start would be to create awareness amongst Indian youth. An aspect which needs a
complete eradication is the preference of male child over a female child. The identity of any
civilised nation is by the rights enjoyed by its individuals. Essentially in these matter the
rights of women are extensively abused, infringed and justice is far from being done. A
greater mechanism of awareness, especially amongst the rural population in India is the
greatest helping hand to the eradication of dowry.

Owing to the highest rate of illiteracy in these areas, awareness by media, movies, street plays
are the most effective means of proving a point to the public. Movies made in the past on the
issue of anti-dowry have been proved to be most effective. Other effective means like the
radio should be used to create awareness regarding the anti-social practice of dowry. The
radio is another means to spread the message that the law makes both the giving and taking of
dowry punishable under law.

Another flaw to the issue of dowry is the under-reporting of dowry. Free legal aid at police
station for women especially to victims of dowry-violence, is much needed. Since the police
stations are a taboo on rural areas and going to the police station to register a police
complaint are impossible, other methods need to be implemented. For instance women’s
organisations can be endowed with the responsibility to accept complaints from such victims
and file police complaints on their behalf. Works of BJP and Congress, two leading parties in
India have contributed to the social awareness regarding taking and giving of dowry, calling
it ‘a social evil’. Although these political parties have been voicing discomfort regarding
dowry, there have been difficulties for their voices to reach the mass. Through all this an
effort can be made to ensure the total eradication of this practice from society.

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 BIBLIOGRAPHY

STATUTE

1. The Code of Criminal Procedure, 1973.

2. The Dowry Prohibition Act, 1961.
3. The Indian Penal Code, 1860
4. The Protection of Women from Domestic Violence Act, 2005
5. The Indian Evidence Act, 1872

BOOKS

1. G. Flood: An Introduction to Hinduism, (1996), First Edition, Cambridge University Press.

2. G. Mukherjee: Dowry Death in India (1999), Delhi India Publications.
3. G. Omvedt: Ambedkar: Towards an Enlightened India, (2004), First Edition, Amazon
Publishing.
4. K. Koop: Gender and Human Rights, Oxford Publishing.
5. M. Gandhi: Women and Social Injustice (1947), Navjivan Publishing House, Ahmedabad,
India.

JOURNALS

1. A. Anwary, ‘Teaching about South Asian Women through Film’, (Oct., 2003), Vol. 31,
No. 4, Teaching Sociology, pp. 428-440
2. B. Agarwal, ‘Widows versus Daughters or Widows as Daughters? Property, Land, and
Economic Security in Rural India’, (Feb., 1998), Vol. 32, No. 1, Modern Asian Studies, pp. 1-
48.
3. Bloch & Rao, ‘Terror as a Bargaining Instrument: A Case Study of Dowry Violence in
Rural India’, (September 2002), Vol. 92, No. 4, The American Economic Review, pp. 1029-
1043,

WEBSITES

1. ‘Should India do more to stop female foeticide?’, BBC report, India, 26th January, 2001,
found at, http://news.bbc.co.uk/1/hi/talking_point/debates/south_asian/1125677.stm.
2. Women Commentary, Harmful Traditions, available at http://www.unicef.org/, last visited
16th August, 2007.

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