Need to end the evil of Dowry: Supreme Court

The Supreme Court bench told petitioners seeking guidelines to discourage dowry in India that the matter was in the domain of the legislature.

• In India, dowry persisted despite draconian criminal law provisions introduced in the Indian Penal Code, a new law in the form of the Dowry Prohibition Act of 1961 and the formation of the National Commission for Women.
• In the present day, dowry is paid in over eighty percent of marriages in Bangladesh, India, and Pakistan.
• The practice of dowry was proscribed in India in 1961. But even more than half a century after the ban, an Indian woman becomes a victim of dowry death roughly every one hour as per the National Crime Records Bureau(NCRB) 2019 data.
• As per NCRB-
  • 10,366 cases were registered under ‘The Dowry Prohibition Act’ in 2020
  • 6,966 cases of dowry deaths were reported in 2020.
  • Highest number of cases was registered in Uttar Pradesh.

What is dowry?

• Dowry, commonly known as ‘dahej’ is any gift that the groom’s side asks from bride’s side directly or indirectly.
• If any such demand is a precondition to marriage, then it is considered as dowry.
• This practice is common in cultures that are strongly patrilineal, patrilocal and have male-biased inheritance laws.

• Social structure- The patriarchal nature of society which treat women as subordinate sex dependent on men for social and economic needs, thus dowry is seen as compensation for it.
• Tradition- As people believe they are adhering to social practice as a matter of choice than being forced to.
• Social security: Dowry is considered as a social security by girl’s parents to prevent any ill treatment to the bride.
• Lack of awareness: Less awareness among people about dowry related laws and regulations

• On bride’s family-
  • Financial burden that increases with the status of groom.
  • Matter of prestige as more spending means higher position of bride’s family.
  • Female infanticide and undernourishment.
• On bride-
  • Objectification of women
  • Considers herself as a liability on her family.
  • Psychological burden and so, not able to call off marriage in case of marital issues.
  • Dowry Death

• On society-
  • Suicides, domestic violence and subordinate status of women.
  • Indian society looked down by others due to such evil practices.

• Socio-Economic challenges-
  • Subordinate status of women vis-à-vis men
  • Social and Economic dependency of women on men.
  • Peer pressure on bride’s family to spend higher to marry a better educated groom.
• Legal challenges-
  • Delayed and denied justice
  • Poor conviction rate
• Misuse of anti dowry laws by women

• Dowry Prohibition Act 1980- Under it, any act to take or give dowry is punishable in India.
• Indian Penal Code- Crime non-bailable and can be booked under following sections-
  • Section 304B- it is with regards to dowry deaths
  • Section 498A- cruelty or domestic violence for dowry demands

• Prevailing Patriarchy: Indian Society has been a male-dominated society. This has lead to inferior treatment to women in the society in every front of life.
• Labelling women as a Liability
• Discrimination against Women: Many Indian women face discrimination throughout all stages of their life beginning at birth, continuing as an infant, child, adolescent, and adult.
• Economic factors
• Lack of education and leadership training

Dowry is deeply prevalent in many communities in India and various other parts of the country. An immediate change cannot happen. The change has to happen at various levels if we are remove dowry completely.

While women are to be considered as goddess and worshipped, this should be practiced in reality and gender parity should be brought in the society by removing discriminatory practices like dowry.