Dr Md Afroz, Md Tabrez Alam 22 March 2021
Dowry in marriages is a curse for Indian society that has been haunting for a long time. This is a social curse, which has gone unchecked, though time and again, it has tormented the people in general. It has become a routine affair that we come across news-reports on dowry deaths and agony of women, which reflect the evils of the dowry system. It is like a scar on a healthy society.
If you are human and have a heart, surely it shivers by going through such ordeals. Ayesha, the young lady dying, recorded a video message before jumping into the Sabarmati River. She had been continuously facing harassment for dowry by her husband. Whereas Rashika dies in her in-law’s home in the posh colony of Kolkata, the family revealed that she was facing brutal torturing by in-laws for ransoming dowry, a young Ph.D. Scholar ends her life because her in-laws were abusing continuing studies; Anissa Batra jumped off her terrace due to dowry (Indian Express, 5 March 21).
India has an alarming rate of crime over dowry; either murdered or compelled to commit suicide. If you glance at statics, every 16 minutes, there is rape, one death in each hour, and 20 women die in a day. 7000 deaths linked to dowry in 2017 record. According to the National Crime Bureau of India, each passing year, cases are rising higher; in 2001 was 19 per day; in 2016, it was 21 per day.
The reasons behind such evil practices
The Patriarchy: The development in the patriarchal societies has been such that women have become a weaker section of the human population. Her functions have been relegated to mere procreation and attending the household chores. The patriarchal culture dilutes the freedom and equality of women in all walks of life. Throughout history, violence has been systematically directed towards women in patriarchal societies. Economic and social processes operate directly and indirectly to support a patriarchal social order and family structure.
The Custom: the evil of dowry primarily associated with marriages in Hindu society, but gradually penetrated in other societies such as Muslims, Christians, and some extent also in Sikh community. Despite legal restraints, dowry continues to be a basic component of the marriage system although its form, magnitude, and associated atrocities vary according to the customary norms of the different communities. The available literature on the evolution of Indian culture and civilization reveals that although the ancient writers pretended to record their revered admiration for womanhood yet in actual practice, women have always been suppressed and exploited by the dominant male members of society in the name of custom. Degradation of society due to the pernicious system of dowry and the unconscionable demands made by greedy and unscrupulous husbands and their relatives, resulting in an alarming number of suicidal and dowry deaths of women.
The Religion: Dowry in India is not limited to any specific religion. It is widespread among Hindus and other religions. Law of Manu insisted that women must constantly worship her husband as God, in the same case in Islam where the text says if Allah permits to bow down, it would command women to bow down to their husbands. Such religious interpretations consolidate the male domination over society; a woman has always been kept in subjugation by her husband because, by nature, she is supposed to be weak and meek. The Dowry system has been known to exist ever since the inception of the institution of marriage in India and has been in vogue through the ages. Although the word “dowry” was never used while negotiating a marriage, in common practice, it meant property that the bride brings to her matrimonial home at the time of marriage. For example, Indian Muslims call dowry jahez, to 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 and conjugal life. The other is made up of valuable goods, clothes, jewelry, and money for the groom’s family, which is settled on after bargaining. The jahez often far exceeds the cost of the baraat and marriage parties. The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires (Abdul Waheed, 2009)
Social Interventions
There are many social movements rallied against Dowry in India. The first wave of the feminist movement started post-independent, and it gained momentum in the 70s. There were many issues raised by women when it became clear that independent India had not promised women justice and equality. One such demand was the dowry system’s end with action to be taken for crimes against women for dowry. Many organisations struggled hard against dowry to be criminalised by law, such Progressive Organisation of Women in Hyderabad, Stree Sangharsh, Mahila Dakshata Samiti, Nari Raksha Samiti, Vimochana, Saheli, and many more. The rising cases of dowry death and crimes had shaken Indian society that caused aggressive social movements, and ultimately realised legislation of laws.
Legal Intervention
To deal with this evil of society, the Dowry Prohibition Act, 1961, was passed in 1961 to prohibit the practice of giving or receiving dowry. It was amended in 1984 and 1986, respectively, to curb the evil practice of dowry. To further strengthen the anti-dowry law and stop offences of cruelty by the husband or his relatives against the wife, new provisions were added to the Indian criminal law- section 498A to Indian Penal Code and section 198A to the Criminal Procedure Code in 1983. In 2005, the Protection of Women from Domestic Violence Act was passed, which added an additional layer of protection from dowry harassment. In 2019, the Government of India passed legislation for the Muslim Women “Protection of Rights on Marriage Act.” This act declared Triple Talaq illegal, and onward any Muslim husband pronounces triple talaq to his wife liable to 3 years imprisonment and fine. The fight against the institution of dowry will have to be carried out simultaneously on several fronts. Though the legislation is necessary, it will not put an end to dowry, whatever deterrent punishment may be prescribed for those who demand dowry.
Where the fault lies
Why dowry is still practiced widespread despite so much outrage and criticism. Because society, by and large, is not realising the gravity of dowry bad consequences. It has lesser sensitivity, less guilt conscience, mild religious condemnation, and an ineffective legal system that allows operating. In any society, there is a tendency of copying the ruling class lifestyle, and Indian society also follows as it has been highlighted by M.N. Srinivas’s concept of “Sanskritization” that tells about the social change phenomena in which lower castes imitate upper caste people’s lifestyle to overcome economic, social or religious disabilities and to raise the social status. In this way, dowry crept deeply in their marriage as it was much practiced in upper, middle-class Hindus. In contemporary situations, dowry becomes a symbol of pride; the upper and middle class celebrates marriages full of glamour and materialism, and the rest of society sees it showcasing their social status. Although they are not financially capable, in such conditions, dowry demands usually occur. There are many wedding ceremonies nowadays witnessing huge amounts of expenditure from both the Bride and Groom side, compelling the less privileged section to do so. Somehow both parties are responsible for the growth of the dowry system. There is a need for an hour-affluent class to realise their misdeeds and how their social lives negatively impact society.
What is the road ahead?
Dowry is basically a cultural and social problem that cannot be eradicated by law alone. For its eradication, society will need to fight from the grassroots level. The co-operation of the people can be sought only by creating public opinion. The success of all social legislation depends upon the support of the general public. Social understanding may be created by bringing the evils of dowry to the people’s notice through moral and formal education. Youth should be taught the importance of new social values, which can be attained only after getting an education. The change in the ideas of the people can be brought about by using mass media also. Marriage is a sacramental union, not a business. The sanctity of marriage is lost by dowry demand; the sooner the dowry becomes the thing of the past, the better for our society.